Loading...
06-26-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 The Clermont City Council met in a regular meeting on Tuesday, June 26, 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, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of June 12, 2007 Council Member Goodgame moved to approve the minutes of June 12 2007 as written• seconded by Council Member Mullins. The motion passed with all members present voting "a•~e". PUBLIC COMMENTS Andrea Sell, Summit Greens resident and Chair of Kiwanis Fruit of the Vine Wine Tasting Gala, invited all to attend the fundraising event on August 25 at Kings Ridge from 6:OOpm to 8:OOpm. PROCLAMATION Mayor Turville read the Election Proclamation aloud for the purpose to elect City Council Member Group II and Group IV. The qualifying period begins on July 16 at 12-noon and ends on July 20 at 12-noon. REPORTS City Manager Saunders stated the Council placed $15,000 in the current year budget for assistance to the historical society for restoration of the Kern House. The Council did say to bring back to Council for approval. They have hired a contractor to begin restoration and are now requesting release of funds. Staff recommended approval. Council Member Goodgame moved to approve $15 000 from our budget to assist the historic district on the Kern House be made available to them as previousl.~geted for this year; seconded by Council Member Mullins Mayor Turville opened the public hearing. There were no comments. The motion passed with all members present voting "aye" City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame reported on the last Tourism board meeting. The additional penny tourist tax was passed which means each year there will be $550,000 available for grants. Fifty to sixty applications have been made for the funds. The applications were turned over to the County Attorneys Office. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 There were two (2) requests submitted in Clermont. The National Training Center requested funds for an arena facility and the City of Clermont asked for $1 million for the Civic Center which is an approved application. Council Member Mullins reminded everyone that this Saturday is the inaugural Summer Art Walk from 9:OOam to 1:OOpm. Council Member Berlinsky inquired about making an ordinance change on height variances. City Manager Saunders acknowledged staff will be having that change along with other changes coming to Council at a workshop in the next few weeks. 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 -Event Request Request a reduction of fees for use of Palatlakaha Park fields for South Lake Little League tournaments from June 28`h to July -15`h Item No. 2 - BudgetAmendment Request for an amendment to the Engineering Department budget in the amount of $43,000.00 to purchase vehicles for the newly created construction crew Item No. 3 -Bid Approval Request authorization to award a contact to American Demolition for the demolition of Cooper Memorial Library Council Member Mullins moved to approve consent agenda items 1 and 2• seconded bX Council Member Goodgame. The motion passed with all members present voting "aye" City Manager Saunders clarified on consent agenda item 2 that it should be noted it is a budget amendment to the Utilities Department. The motion was amended to reflect the chan e Council Member Mullins questioned whether the landscape would be kept at the Library once the building is demolished. City Manager Saunders confirmed the landscaping would remain as well as the parking. Council Member Mullins moved acceptance of consent agenda item 3• seconded by Council member Goodgame. The motion passed with all members present voting "a•~^ UNFINISHED BUSINESS Resolution 1519 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 Mayor Turville read Resolution 1519 aloud by title only and noted these two (2) items would be heard concurrently. 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 consisting of retail stores, restaurants, and gas station/convenience store. Variance Request -Clermont Crossing Barbara Hollerand, Planner, reported on the request. The Clermont Crossing at Lost Lake Conditional Use Permit (CUP) application and related variances were originally on the March 27 agenda but were postponed at staff's request so the traffic reports could be reviewed by transportation planners with the Lake-Sumter Metropolitan Planning Organization (MPO) and the Florida Department of Transportation (FDOT). Representatives from these organizations have held numerous meetings with the applicant and traffic engineers and the remaining issues are nearing resolution. FDOT has provided the City with a letter dated June 25 stating it is "confident that the negotiations on the potential outstanding issue of U.S. 27 will continue in good faith and that the project does not need to be delayed while the issue is resolved." The owner/applicant of Clermont Crossing at Lost Lake is KMH, LLC, represented by Kathleen Mathieson Hillary. The request is for a CUP for a Planned Unit Development (PUD) consisting of retail stores, restaurants, and a gas station/convenience store. The vacant 36-acre property is on the southeast corner of 2 7 and Steve's Road. The zoning is C-1, Light Commercial and the Future land use is Undeveloped District 2 Commercial. Lost Lake Reserve DRI is to the south and east and to the north is UD-2 commercial, the site of the Clermont Landing development. The recently annexed Real Life Christian Church property is adjacent on the property's east side. The request is for a CUP for a commercial PUD with about 183,000 square feet of space, including an anchor building of 119,603 square feet and six retail buildings. There are six out parcels for restaurants and commercial retail uses along U.S. 27, and there is a gas station/convenience store associated with the anchor building. Access to the development would be from two access points off Highway 27 and two access points off Steve's Road (one being a full cut). The connector road coming from Citrus Tower Blvd. up to Steve's Road will also have two access points. The applicant is also requesting two variances which include: Cut and fill in excess of 15 feet and one building over 100,000 square feet. Staff believes this area is appropriate for this type of development and recommended approval of the CUP to allow a PUD including a shopping center at the proposed location with the conditions outlined in the permit. The Planning & Zoning Commission at its meeting March 6 voted 4 to 5 to recommend denial. Curt Henschel, Planner, reviewed two (2) additional conditions recommended by staff. The additional conditions include the Go Dark requirements in section 2 Land Use and the other condition would be in section 4 Transportation Improvements. Borron Owen, Attorney with Gray Robinson, was present. He is in support of staff s recommendation of the two (2) additional items presented by Planner Henschel. He also suggested the following additional conditions: Convenience store portion be closed form 12midnight to 6:OOam; Security Guard be on premises for BJ's and to have an attendant at the service station at all times including dawn to dusk. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 Scott Gentry, Civil Project Engineer, conducted a presentation of the Clermont Crossing site plan and discussed the grading on the project site. Mayor Turville opened the public hearing. Jane West was present on behalf of the Clermont Area Residents of Reasonable Growth. She noted this should be considered a Development of Regional Impact (DRI) as the criteria is present within this application. Ms. West also made reference to the City's proportionate fair share ordinance. The following spoke in favor of the request: Leon Sturk, Nino Salvo, Don Johnson, Kathleen and Ken Holt, Paula Zahn, Debbie McGill, James Barbarino and Mike Levine. The following spoke in opposition to the request: Joe Morello, Mr. Linderman, and Tim Murry. Mr. Owen, applicant, responded to the questions concerning Ms. West. At the request of staff, he submitted the proposed project to the Department of Community Affairs (DCA) explaining the project and infrastructure and received a clearance letter that the project is not a DRI. He has addressed the Fair Share Ordinance with staff. Many residents are in support of the project. In regards to the traffic concerns, with the proposed access points, FDOT and the MPO agrees this will generate controlled traffic. They are within concurrency and satisfy the other requirements of regulatory agencies. Mayor Turville closed the public hearing. Council Member Goodgame disclosed that Ms. Hillary has contacted him once regarding his position on the MPO board and to discuss details of the filling station. Council Member Berlinsky remarked Ms. Hillary made contact with him and noted they did not discuss the project. Council Member Goodgame proposed the discussion regarding a vapor recovery system be added as a separate item with the understanding that the discussion of the vapor recovery system will be heard following the motion. Mayor Turville asked City Attorney Mantzaris to comment on the aggregation questions City Attorney Mantzaris noted when the issue arose, staff suggested the applicant contact DCA as they are the driving force and it is their decision. City Manager Saunders commented on the Fair Share issue; they met with staff last week and concluded they are meeting all the obligations. Council Member Berlinsky stated it appears to be a beautiful development. The advantage is they share Steve's Road. They can access it without getting on Highway 27. It will create jobs and provide shopping. Council Member Berlinsky moved for adoption of Resolution 1519• seconded by Council Member Mullins for discussion. Council Member Mullins supports the request and questioned closing from midnight to 6:OOam. Mr. Owen responded that it is for anti-crime and as a service to the community and residents. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 Council Member Goodgame voiced concerns with Steve's Road turn lanes City Manager Saunders stated it is not shown on the conceptual but is shown in section 4 as turn lanes are dictated by FDOT. He recommended deceleration lanes. Mr. Owen confirmed that it will be there. Mayor Turville requested language associated with the architectural design of the proposal to require the applicant to perform basically in accordance with the conceptual presented. City Manager Saunders advised that Section 7 refers to Architectural Design Standards and Section 1 number Z has language that it has to be developed in accordance with the conceptual site plan. City Attorney suggested it could be addressed by attaching the site plan elevation. Mr. Owen stated it will be built according to what is seen. Council Member Goodgame requested an emergency generator and a security camera view of the parking lot be added to the motion. Council Member Berlinsky the one who made the motion was in agreement with the additions. City Attorney Mantzaris noted the three (3) conditions requested by the applicant. He preferred the Council to take action on the vapor recovery now and not later. Council Member Goodgame requested requiring the station to have a stage 2 vapor recovery system. Mr. Owen stated they are not performing as well and are expensive. He is not opposed to it and will abide by any City ordinance but not prepared to decide on it tonight. Council Member Goodgame remarked, if the other members of Council are agreeable, Council could hear it at a workshop and vote on it at a subsequent meeting. Mayor Turville noted the forum would be proper at a later date. Council Member Hogan clarified Steve's Road will be a four-lane road. City Manager Saunders reviewed the list of additional conditions to include the Go Dark requirements in section 2 Land Use; Section 4 Transportation Improvements; Emergency generator for the gas station; Surveillance cameras in the parking lot; Convenience store portion be closed form 12midnight to 6:OOam; Security Guard be on premises for BJ's; and have an attendant at the service station at all times including dawn to dusk. Council Member Mullins inquired if the convenience store could extend their hours in the event of a hurricane. Mayor Turville advised that the City Manager is responsible for covering that and will make a decision on staying open. Mr. Owen stated should Council approve an ordinance prior to pulling a permit he would be agreeable. Council Member Goodgame called for the question. As amended, the motion passed with all members present voting "aye" Council Member Goodgame moved to approve the rg_ading cut and fill variance• seconded by Council Member Berlinskv: Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 The motion passed 4 to 1 with Mayor Turville opposing. Council Member Mullins moved to grant the variance fora 120 000 square foot building; seconded by Council Member Goodgame. The motion passed 4 to 1 with Mayor Turville opposing. NEW BUSINESS Resolution 1529 Mayor Turville read Resolution 1529 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 a church facility in the M-1 zoning district. Curt Henschel, Planner, reported on the request. The applicant is Cathedral of Power International and the existing zoning at M-1. The church is looking to occupy a 6,000 square foot space available in the Clermont Commons Industrial Center. The church intends to have 80 seats for services that will operate Sunday afternoon and Wednesday evenings from 7:00 to 9:30pm. With the existing businesses operating at normal business hours, and the church operating at "after business" hours, staff believes there will not be parking issues on or off site. Staff recommended approval of the request. Christopher Walker, applicant, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins questioned if this is a temporary or permanent location for the church. Mr. Walker stated this is a temporary location for approximately 5 years. Council Member Mullins moved to approve• seconded by Council Member Good~ame The motion passed with all members present voting_"aye" Resolution 1530 Mayor Turville read Resolution 1530 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 fora 10-unit commercial building with shared parking. Barbara Hollerand, Planner, briefed Council on the request. The owner/applicant is Lost Lake Reserve, LLC. The conditional use permit stipulates that this parcel should be allowed development of a variety of retail and service uses, consistent with the regulations of the C-2 General Commercial zoning district. The C-2 regulations require a conditional use permit for any group of five or more businesses with shared parking. A 16,461 square foot building is proposed on the site. Formal construction plans are required to be submitted for review and approval by the Site Review Committee prior to the issuance of any development permits. City staff and the Planning & Zoning Commission recommended approval. Applicant, Aaron Mercer, MESH Engineering, was present on behalf of the owner requesting approval. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky questioned the aesthetics of the project. City Manager Saunders stated the architectural plans will have to meet our guidelines for this facility.. The Site Review Committee will ensure they meet city code. Council Member Goodgame questioned if the sign would be placed on the building or a monument sign. City Manager Saunders remarked it would be a monument sign but each business could have a sign over their door; the sign code is specific. They are not requesting variances to the sign code. Mayor Turville suggested not approving until the Council sees the elevations. Council Member Goodgame moved to table Resolution 1530 to July 24• seconded by Council Member Berlinsky. The motion passed with all members present voting "aYe„ Mayor Turville called for a recess at 8:57pm. The meeting reconvened at 9:16pm. Resolution 1531 Mayor Turville read Resolution 1531 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 childcare center within a commercial shopping center located in the C-2 General Commercial zoning district. Barbara Hollerand, Planner, reported on the request located at 662 E. Highway 50. The owner is Hurtak Family Partnership, Ltd. And the future land use district is Established Business District 2. Child care centers are designated as a conditional use within the C-2 zoning district. The applicant is applying as a non-profit, voluntary pre-kindergarten childcare center within the existing 2,100 square foot building. The application believes the business will provide a needed service to working parents. Hours of operation are expected to be from 6:45am to 6:30pm, Monday through Friday. Children's ages would be from less than one year old to 6 years old, with children 6 to 11 years old allowed before and after school only. Maximum capacity would be 45 children. Drop off and pick up shall be located on the east rear side of the plaza. Staff recommended approval with conditions outlined in the CUP and the Planning & Zoning Commission voted 6 to 1 recommending approval. Ms. Raymonde McNally, applicant, was present requesting approval Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, spoke in support of the request Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Resolution 1531 Council Member Mullins inquired about the location of the well pump. Ms. McNally responded that they will fence it. Council Member Mullins questioned how the school age children would get from day care to school. Ms. McNally noted they have a 15 passenger van that takes kids to and from school. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 The motion was seconded by Council Member Mullins. Council Member Hogan inquired about security. Ms. McNally noted that Brinks will be coming in to set up security cameras. The motion passed with all members present voting "aye". Resalution 1532 Mayor Turville read Resolution 1532 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 gas station/convenience store within the PUD zoning district, and clarification language for the east and west sides of the Tuscany Village PUD. Barbara Hollerand, Planner, reported on the request for the Tuscany Village project. The owner is PDGlInland Tuscany Village and the applicant is Cecelia Bonifay, Esq., Akerman Senterfitt. The location of the request is south of U.S. 50, east and west of U.S. 27 at the intersection of Highway 27 and Citrus Tower Blvd. Access to the gas station and convenience store will be from within the development's internal circulation roads and the South Clermont Connector. The development is separated by U.5. 27 and has different owners on the east and west. Because of this, the applicant also requested clarification language to be added to the CUP regarding the separate owners and the conceptual site plans. The new conceptual site plan for the west side is included in this request which reflects a reduction in the west side overall square footage. Also included are park and landscape areas in the retail parcel. City staff and the Planning and Zoning Commission recommended approval. Chris Roper, Ackerman Senterfitt, was present requesting approval of the request. The applicant is willing to abide by all regulations. Mayor Turville opened the public hearing. Cuqui Whitehead asked about requiring a generator. Mayor Turville voiced concern with improving traffic with limited access then turning it into traveling destinations with a lot of stop and go movement in that intersection. Chris Roper added that the internal access configurations are consistent with what has been approved. The traffic movement will stay the same. The site plan has been somewhat adjusted. The previously proposed movie theater will become several retail shops, a park with picnic benches and landscaping. The overall square footage amount has been reduced from the original plan. Council Member Berlinsky moved to deny the Resolution• the motion died for a lack of a second. Council Member Goodgame moved to table• the motion died for a lack of a second. Chris Roper requested approval of the language change and to amend the Gas Station from the request. City of Clermont MINUTES REGULAR COUNCIL MEETING June 26, 2007 Council Member Mullins moved to support the CUP minus the Gas Station; seconded bX Council Member Goodgame. The motion passed 4 to 1 with Mayor Turville opposing. Chris Roper withdrew the request for the Gas Station. Agreement Approval City Manager Saunders reported the Fire Department has had a temporary station #3 for a few weeks. A permanent site has been identified just west of the temporary site. The property is owned by South Lake Hospital. It is an excellent location for the coverage area. The purchase price is $435,000. This was included in the 2005-2006 budget and will require an amendment to the 2006-2007 Fire Impact Fee Budget for the purchase. The site is located north of and adjacent to the City's elevated water tank on SR 50, west of the Hampton Inn. The site fronts on Legend's Way. The City has not ordered an appraisal of the site but we have a 90 day inspection period as outlined in section 6 of the purchase agreement. This will provide ample time to secure an appraisal, if directed by Council. Mayor Turville and the Council agreed that an appraisal is necessary. Council Member Goodgame moved to accept the purchase of Fire Station 3 subject to the appraisal being equal to the value of the purchase price• seconded by Council Member Mullins. Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. The motion passed with all members present voting "ate". ADJOURN: With no further comments, this meeting was adjourned at 9:54pm. APPROVED: old S. Turville, Mayor