04-10-2007 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
APRIL 10, 2007
The Clermont City Council met in a regular meeting on Tuesday, April 10, 2007 in the Council Chambers
at City Hall. Mayor Harold Turville called the meeting to order at 7:00 pm with the following Council
Members present: Council Members Mullins, Goodgame, Hogan and Berlinsky. Other City officials
present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City
Clerk Ackroyd.
INVOCATION
Mr. Bill Griffith gave the invocation and then was followed by the Pledge of Allegiance.
PROCLAMATION
Mayor Turville read the proclamation aloud declaring April 24, 2007 as General Federation of Women's
Club Federal Day in Clermont.
MINUTES
Council meeting minutes of February 27, 2007 and March 13, 2007.
Council Member Goodgame moved to approve the minutes of February 27 as written;
seconded by Council Member Mullins. The motion passed with all members present
voting_aye".
Council Member Good~ame moved to approve the minutes of March 13 as written;
seconded by Council Member Mullins. The motion passed with all members present
votin "aye".
PUBLIC COMMENTS
Bob Bowman, Downtown Partnership, invited everyone to attend the 2°d music event on April 15 from
3:OOpm to 6:OOpm at the corner of 8"' Street and Minneola Avenue.
Charlene Forth, 939 Desoto Street, addressed Council regarding a situation that occurred at her home in
which a City employee was found outside of her residence testing the water without her authorization.
City Manager Saunders stated that Assistant City Manager Gray and Utilities Director Richardson
brought this to his attention and reviewed the situation. The testing process started 7 or 8 years ago. Staff
will not conduct any further testing from homes until we have the releases in the future.
REPORTS
City Manager Saunders reported on the official Grand Opening of the South Lake Trail scheduled for
Apri121 at 10:30am.
City Attorney Mantzaris - No Report
Council Member Mullins commented the Sales Tax Committee made their report to the County
Commission.
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
Council Member Berlinsky - No Report
Council Member Goodgame remarked the Police Department received motorcycles to help
control traffic.
Council Member Hogan commented on there being a number of water code violators.
Mayor Turville - No Report
CONSENT AGENDA
Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and
requested anyone wishing to have any item pulled for discussion to please come forward at this time.
Item No. 1 -Plat Approval
Plat approval for Hooks Street Commercial
Center Subdivision, located south of Hwy 50,
north of Hooks Street, east of Sandhill View
Blvd, west of Oakley Seaver Drive
Item No. 2 -Event Request
Item No. 3 -Bid Approval
Item No. 4 -Surplus Equipment
Item No. 5 -Budget Amendment laid Approval
Request for use of Veterans Park and closing of
portion of Crystal Lake Drive and 3`d Street for
Memorial Day Observance on May 28"' from
l0a.m. to 1 p.m. -Daughters of the American
Revolution
Request authorization to award a contract for the
cost of painting portions of Fire Station #2 to
Bills Painting in the amount of $9500.00
Request to surplus and send to auction
equipment from the Public Services Department
Request to amend the Public Services
Department Budget in the amount of $10,250.00
and award bid to Eagle Metal Distributors, Inc.
for the Kehlor Park Shuffle Board Court Shelter
materials
Council Member Goodgame moved acceptance of consent agenda items 1 through 5;
seconded by Council Member Mullins. The motion passed with all members present
voting "aye".
UNFINISHED BUSINESS
Variance Request -Kings Ridge Professional Village
Jim Hitt, Planning Director, reported on the variance request. The request is to allow for a building height
of 51 feet and 4 inches rather than the maximum allowable height of 45 feet, and an interior height of 38
feet rather than the maximum allowable height of 35 feet. City code currently calls for a maximum
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
building height of 45 feet on the tallest building elevation, which includes the height of parapets, church
spires, and the peaks of roofs not intended for human occupancy. Since the height elevations are for only
three of the 14 buildings, staff feels the applicant is providing a much better design element to the project
and recommended approval of the variance request.
Council Member Goodgame acknowledged he was a participant at the Kings Ridge meeting on March 10
and has met with the applicant, Wayne King and Mr. Langley to help come to a resolve with this site and
variance.
Applicant, Wayne King, was present. He commented on meeting with the Kings Ridge residents. This
request will help the overall integrity and aesthetics of the building. Furthermore, this will complement
the clubhouse and bell tower to tie it together and make it more attractive. He requested Council
approval.
Steve Maury, 3674 Rolling Brook, spoke as President of Aberdeen Homeowners Association. The
planned edition is immediately behind his home. He supported the variance request provided the
agreement as previously discussed is met. Furthermore, the design is attractive.
Gail Ash, 3912 Peyton Court, noted Council could require additional landscaping and urged Council to
vote against the request.
Jim Purvis, 4206 Hammersmith Drive, spoke in favor of the request on behalf of Doug Melzard, Kings
Ridge Homeowners Association President and the Kings Ridge Community. He personally conducted a
survey of 142 homes. The response was 4 to 1 to support the variance. By allowing this request, the
community will have a better looking project.
Mayor Turville closed the public hearing.
Council Member Berlinsky thanked Jim Purvis for obtaining those results. It is a good project that will
enhance the lives of the people in Kings Ridge.
Council Member Mullins commented on the attractiveness of the building.
Council Member Goodgame commented the Mr. Langley, on his own, dropped one building site and
adjusted the size of the building to enhance the entrance of Kings Ridge.
Council Member Hogan moved to approve the variance; seconded by Council Member
Mullins.
City Manager Saunders informed Council of receiving one additional letter from J. Warren Hughes in
opposition to the request.
Mayor Turville asked City Attorney Mantzaris if it would be a problem to include language in the
variance that the elevations presented in the hearing should be adhered to.
City Attorney Mantzaris advised that it would be appropriate.
Mayor Turville requested the language be included in the motion.
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REGULAR COUNCIL MEETING
APRIL 10, 2007
Council Member Hogan agreed to include the language as suggested; seconded by
Council Member Mullins. The motion passed with all members present voting "awe".
Variance Request -Dobbs Office Building
Planning Director, Jim Hitt, presented information on the variance request. It will be located at the
northwest corner of Brogden Drive and Cluser Oak Drive. The applicant is requesting 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
with the remaining 10 feet broken up by two six-foot retaining walls. The applicant is effectively
requesting a reduction of the landscape buffer. The applicant has accounted for two safety issues that
were a concern at the prior council meeting. The first would be to add a safety fence along the upper
level of the retaining wall for pedestrians and bicyclists. The second would require the building to
maintain a minimum 10 foot setback from the lower retaining wall. Although the applicant has adjusted
the site plan, staff did not see a hardship in this case, and recommended denial of this variance request.
Applicant, John Nematellah, was present. He added that the adjacent property has a 15 foot approved
setback and requested approval by Council. He pointed out the inclusion of the landscaping area along
the lower portion as well as the top portion.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, stated the property has unique characteristics to its topography.
The applicant has done their best to reconfigure the location of the building as requested at the previous
meeting. He spoke in favor of granting the request.
Mayor Turville closed the public hearing.
Council Member Mullins questioned where the landscape buffer starts.
Planning Director Hitt remarked that it starts at the property line.
Council Member Goodgame asked if fire engines could get around that building with a 10 foot width in
the event of a fire.
City Manager Saunders advised that a Fire Department representative has reviewed and it meets all of
their criteria.
Council Member Goodgame moved to approve the variance for First Avenue
Construction of Dobbs office building; seconded by Council Member Mullins.
Mayor Turville commented the applicant did address the concerns from the previous meeting.
The motion passed with all members present voting "awe".
Large Scale Comprehensive Plan Amendment -Transmittal Hearing
Barbara Hollerand, Planner, reported on two (2) items for the large scale comprehensive plan amendment
transmittal hearing. Council voted to transmit items 1 through 4 and 7. She advised the audience of a
4
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
courtesy information list anyone can sign up for to add their contact information, if interested in receiving
notification of when it will be final.
Item 5 is a request from Bee's Auto. The request is to change the Future Land Use Element Appendix C
language to add "automotive and truck repair service" to allowed uses at this location in Established
Business District 1. Staff recommended approval
Applicant, Wayne Weatherbee, was present. He was in agreement with the language change and noted it
does provide onsite parking.
Charlene Forth, 939 W. Desoto, spoke in support of the request.
Charles Forth, 939 W. Desoto, remarked that automotive and truck repair provides a service to the
community and should have been in the code all along. He supported the request.
Mayor closed the public hearing.
Council Member Mullins moved approval; seconded by Council Member Berlinsky. The
motion passed with all members present voting "aye".
Ms. Hollerand reported on the item 6 request by Kings Crossing, LLC. This request affects an
approximately 43-acre property, located east of U.S. 27, both north and south of Citrus Tower Boulevard,
north of Lake Felter. The request is to change the Future Land Use Element Appendix C language to add
"retail" to the allowed uses at this location in Undeveloped District 7 (UD-7). Currently, uses on this
property are limited to professional office and restaurant. A comprehensive plan amendment approved in
2005 outlined the uses for this site, which was formerly part of the Tuscany Village development. The
adopted Tuscany Village PUD remains in force as the zoning for this site as well as for the Tuscany
Village project on the west side of U.S. 27. Staff believed the applicant has not presented a compelling
case to add retail use to the mix of allowed uses at this location. In meeting with the applicant for Tuscany
Village in 2004 prior to the comprehensive plan amendment application submittal, staff initially
supported only office development on the east side of the 100-acre mixed-use Tuscany Village
development. Prior to the comprehensive plan amendment change, the future land use on the 100 acres
was UD-7 Residential. In working with the applicant on the site plan, staff developed its recommendation
of support for the change to commercial, but with certain stipulations, including keeping retail and other
more intense commercial uses on the west side of U.S. 27. At the 2005 comprehensive plan amendment
hearings, the Council approved the proposed amendment for transmittal with staff's recommendation for
office/restaurant only on the east side. During the review, the Florida Department of Community Affairs
asked for a cap on the intensity of the commercial use. At the adoption hearings, the Council approved
language that capped the square footage at 479,000 square feet of commercial and office. The approved
PUD for Tuscany Village further limited the square footage to 459,000 for the entire 100 acres.
Approximately 97,000 to 106,000 of the square footage are allocated to the Kings Crossing side, which
has less than 16 acres of useable land. The new application states that changing market conditions have
resulted in an overabundance of built and approved-to-be-built professional office space and concludes
that retail facilities are an appropriate use on the property as well. Staff did not agree. The approved 100-
acre Tuscany Village development provided for a mix of uses, with the majority of the square footage
allocated to retail. The original owner's subsequent selling of the east side of the project to Kings
Crossing LLC does not create a hardship for the purchaser. The comprehensive plan amendment language
clearly stated that the east side was to have only office and restaurant uses. Staff recommended denial of
the Future Land Use Element Appendix C change.
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
At the Planning and Zoning Commission meeting in March, the applicant, as a compromise, suggested a
cap on the retail square footage allowed. The Planning & Zoning Commission recommended approval
with the proposed text change.
Jimmy Crawford, Attorney, was present on behalf of Kings Crossing LLC. He commented on receiving a
favorable vote from the Planning and Zoning Commission. Furthermore, a hardship is only appropriate
for a variance. He requested approval from the City Council.
Mayor opened the public hearing.
Jim Purvis, 4206 Hammersmith Drive, acknowledged having discussions with Mr. King and Mr. Schmid
concerning this site and future development. He noted they have proven to be good developers and there
is still a need for restaurants. He spoke in favor of the requested change.
Mayor Turville closed the public hearing.
Mr. Crawford remarked, if approved, he will commit in a Conditional Use Permit (CUP) to small
specialty shops. The owner estimated approximately 12 to 15 numbers of shops.
Mayor Turville commented the reason we considered restaurant/office use is it enhanced the ability to
maintain thoroughfare as a traffic reliever.
Mr. Crawford noted, in regards to traffic, he will have to submit a traffic report and will have it quantified
before returning for adoption, if able to do so.
Council Member Mullins acknowledged that Mr. King stopped by to show him the drawings a couple
weeks ago and did not have time to discuss however he gained more information from this meeting than
from reviewing the drawings.
Council Member Goodgame moved for transmittal on item 6 including 40 000 square
foot of commercial along_with the restaurants and professional on the north side of the
South Lake Connector; seconded bX Council Member Mullins. The motion passed with
all members present voting_"aye".
Mayor Turville called for a recess at 8:37pm. The meeting reconvened at 8:48pm.
NEW BUSINESS
Resolution No. 1517
Mayor Turville read Resolution 1517 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
establishing aLand-Based Trail System for the City of Clermont and authorizing the map
to be submitted with the Florida Forever Application.
City Manager Saunders described this resolution which will officially establish a recreation trail system
map for the City. The map includes the existing Lake Minneola Scenic Trail, the North Hancock Trail
and the proposed extension to and through the Inland Groves property. The approved adoption of a trail
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
system will give the City additional points on the grant application for funding assistance in purchasing
the Inland Groves property.
Mayor Turville opened the public hearing.
Bob Bowman requested including the Trail Head at 8`h Street and Minneola Avenue in the attached map.
City Manager Saunders noted it could be added. Furthermore, Council can modify the map at any time.
Mayor Turville asked if it would enhance the application by noting all trails demonstrated are in place.
City Manager Saunders advised that staff will make mention of that in the body of the application.
Council Member Goodgame moved to approve Resolution 1517; seconded by Council
Member Mullins. The motion passed with all members present voting aye".
Variance Request -Mirror Lake Subdivision
Emily Stallings, Planning Department, reported on the variance request. The proposed 24 lot
development plan includes one dead end road with access off of Old Highway 50. The applicant is
requesting the variance to provide aesthetic appeal for the subdivision, easier maintenance, and lower
long-term costs for the homeowner's association. The applicant believes the brick paved streets will
better suit the upscale character of the proposed development and that asphalt roads will hamper
marketability and reduce market values. Clermont road construction and design standards are in place to
provide the most efficient and cost effective conditions for maintenance and upkeep of city maintained
roads. This subdivision, however, was approved for private streets with the homeowners responsible for
maintenance. Staff did not oppose this variance request.
Applicant, Mark Crone, was present requesting approval.
Mayor Turville opened the public hearing. No comments. Mayor Turville closed the public hearing.
Council Member Hogan moved to approve this variance; seconded by Council Member
Berlinskv.
City Attorney Mantzaris made mention of a condition for this variance in which the applicant is asked to
sign off on a hold harmless waiver where the City would not be responsible if the City had to come in to
do utility work.
Mr. Crone advised that he is aware of that condition and does not have a problem with it as it is consistent
with what they have to do in other municipalities.
The motion passed with all members present votive "ave".
JPA Review -Heart House Ministries
Assistant City Manager Gray explained the JPA process of which the City can comment on a rezoning
within the JPA in Lake County. The property is located on Hancock Road. The applicant is requesting a
rezoning from Agriculture to Community Facility District (CFD) for a proposed church. The County is
City of Clermont
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REGULAR COUNCIL MEETING
APRIL 10, 2007
recommending approval. Furthermore, he noted there is one house located on the site; it is a maternity
home and is currently in operation.
Applicant, Bill Griffith, was present. The maternity home is for unwed mothers and has been in operation
since July 2005.
Mayor Turville opened the public hearing.
Teresa Brinson, 3250 Magnolia Petal Point, expressed concern with traffic flow.
Ms. Medina, 3275 Magnolia Petal Point, did not oppose the church but requested a stop sign to help slow
traffic.
Mayor Turville closed the public hearing.
Council Member Goodgame advised that the County Public Works Department have acquired right of
way access at that intersection to provide turn lanes and a traffic light will be installed this year. There is
not as much traffic on Sundays. The church hours are not the same as school traffic. Therefore, the
church will not present traffic concerns. Since the County opened Citrus County Boulevard, the traffic has
dropped off at Johns Lake Road and Hancock Road. He requested there only be exists on Johns Lake
Road and would like to see all improvements by Lake County completed before a certificate of occupancy
is issued to the church.
Council Member Goodgame moved that we approve the transmittal to Lake County of
our acceptance of this facility at this location with the provisions that no Certificates of
Occupancy of this facility be issued until Lake County completes their improvements at
Johns Lake Road and Hancock and that this facility only have exits from it onto Johns
Lake Road; seconded by Council Member Hogan The motion passed with all members
present voting "aye".
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Bill Griffith commented he was not aware that the JPA required input from the City of Clermont and was
delayed at the last commission meeting because of no notification. He suggested applicants be made
aware of the JPA process.
Mayor Turville asked Assistant City Manager Gray to include those remarks.
"ADJOURN: With no further comments, this meeting was adjourned at 9:18pm.
..
APPROVED:
aro d .Turville, Mayor
TO: Wayne Saunders, City Manager
Jane Warren, Administrative Assistant
FROM: Preston Davis, Public Services Director
DATE: March 29, 2007
SUBJECT: Request Surplus Listed Equipment and Send to Public Auction
John Deere Tractor City# 4331 SN# 790315
John Deere Tractor City# 5340 SN# M00320X13019
John Deere Tractor City# 4361 SN# M00355B085401
John Deere W/B GS75 No City # Found SN# M04430X010339
John Deere W/B GS75 No City # Found SN# M04430X010377
McLean Reel Mower City# 542 SN#2885335
Honda Edger No city # Found No SN#
Honda Edger No City # Found No SN#
(2) Water Pumps No City # Found No SN#