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08-14-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 The Clermont City Council met in a regular meeting on Tuesday, August 14, 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 July 24, 2007. Council Member Goodgame moved to approve the July 24, 2007 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "ale". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, voiced concern with the continuing signage problems particularly on the weekends, overall safety of driving in and around Clermont and the overall appearance of the City in particular the downtown areas. Mr. Purvis requested Council discuss at the next workshop. City Manager Saunders scheduled a workshop for Thursday, August 23 at 6:OOpm. Bill Banzhaf, 931 W. Montrose, commented he spoke to Preston Davis, Public Services Director, about the Cypress Tree in front of The Bicycle Inn needing to come down. Mr. Banzhaf suggested donating it as a Christmas tree for Light-Up Clermont. Mayor Turville was favorable to the suggestion. REPORTS City Manager Saunders reported that a project was started earlier this year of the preservation of old historic city records which are available to view in the Clerks office. City Clerk Ackroyd noted the preserved books are meeting minutes from 1891 to 1967. City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame reported on the status of the Johns Lake Road and Hancock intersection. Also, he received a document from the State noting they no longer require stations to have the Stage 2 Vapor Recovery System. The South Lake Connector will open on October 1. Mr. Goodgame read a letter aloud from Mr. Jim Mellon praising the Sanitation Department for their efficient efforts in cleaning up after a Recycling Truck spilled gallons of water and newspaper onto a street in Kings Ridge. Council Member Mullins attended the Industrial Development Agency meeting last Thursday where they passed a Resolution requesting the County Commission to postpone their decision on transportation impact fees until there is an economical plan in place. The Leagues of Cities is also asking Lake County not to change the impact fees until the cities have been educated on how it will impact the cities. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Council Member Berlinsky commented on the foreclosure rate being five (5) times higher than last year. 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 of Heritage Hills a residential development Heritage Hills, Phase I located east of Hancock Road Item No. 2 -Quote Approval Item No. 3 -Scope of Service Item No. 4 -Sprint Lease Item No. S - Marbek Construction Request authorization to accept a quote from Double D Crusher to remove at no cost, 2 water tanks previously surplus by Council Request approval of the Scope of Service from C.T. Hsu and Associates for the architectural and engineering design services and landscape architectural design for the Clermont Community Center Project Cell Tower Lease Amendment for 400 12`h Street Approval of proposal for Historic Cooper Library relocation and Depot roofing projects Council Member Goodgame thanked Louise Stockton for all the work she has done on the Historic Cooper Library project. Council Member Goodgame moved to approve items 1 through 5 of the consent agenda• seconded by Council Member Mullins. The motion passed with all members present voting "aye". UNFINISHED BUSINESS 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. Jim Hitt, Planning Director, reported on the request to construct a ten unit commercial building with shared parking. Staff and the Planning and Zoning Commission recommended approval. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Applicant, Aaron Mercer, was present. He noted the design is more aesthetically pleasing than previously presented. Mayor Turville opened the public hearing. Bill Banzhaf, 931 W. Montrose Street, voiced concern with seeing the backside of the building when driving north on Highway 27. Mayor Turville closed the public hearing. Council Member Goodgame agreed with the comments made by Mr. Banzhaf. Jim Hitt, Planning Director, noted staff could work with the applicant. Council Member Mullins suggested adding a few more crepe myrtles to the landscape to help cover the backside of the building. He also noted it is more attractive from when previously presented. Council Member Mullins moved to adopt Resolution 1530 with the addition that the building is substantially like these elevations including the brick facing and tweak the south side just a little bit more either with building or with landscape to make it an attractive entrance into our city; seconded by Council Member Berlinsk~ Under discussion, Mayor Turville requested assurance to have an irrigation system. Mr. Hitt noted it is a requirement to irrigate all of the landscaping around the site. The motion passed with all members present voting "ate Mayor Turville noted the next two items would be heard concurrently as they are related. Resolution 1528 Mayor Turville read Resolution 1528 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, granting a conditional use permit to allow for amulti-family development with more than 12 units within the C- 1zoning district. Variance Request -Jo-EI Town Homes Curt Henschel, Planner, presented the request to allow amulti-family residential development within the C-1 zoning district. The applicant proposed to build three separate town home buildings with a total of 20, 3 bedroom units near the downtown Central Business District. The development will have a community swimming pool and each unit is proposed to have a private 2 car garage. The project is located within the NED-6 future land use district. This district allows a maximum density of 12 units per acre and will be limited to 8.8 units per acre. The applicant is also seeking a variance to allow for a perimeter buffer to be 5 feet in width adjacent to the wetland area instead of the required 10 feet per city code. Staff recommended approval of the conditional use permit and variance request. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Mr. Henschel stated this residential development is within a commercial area. The applicant/owners must inform the buyers of any town home, that the pre-existing businesses in the area do create noise, traffic, dust, etc. This may be completed through homeowner documents or an agreement of understanding between the seller and the buyer. Bret Jones was present on behalf of the applicant and agreed with staffs report. Mayor Turville opened the public hearing. Bill Banzhaf spoke in favor of the project. Mayor Turville closed the public hearing. Council Member Mullins expanded upon staff's suggestion regarding the addition of section 10 that residents should be warned that as long as these businesses are making reasonable noise and traffic for their business, they can not complain. The applicant suggested placing language in the declarations of the covenants, conditions and restrictions. Council Member Goodgame inquired about establishment of a homeowners association to ensure the properties are taken care of. The applicant confirmed that it will be addressed. City Attorney Mantzaris suggested placing language in reference to maintenance and common area issues to ensure that it does not fall back on the city. The applicant agreed with the suggestion. Council Member Goodgame requested City Manager Saunders discuss it in site review. Mayor Turville questioned an environmental survey. Byron Bonyadi, Architect, confirmed that a survey has been done. Council Member Goodgame moved acceptance of Resolution 1528; seconded by Council Member Mullins. The motion passed 4 to 1 with Council Member Berlinsky opposing. Council Member Goodgame moved for approval of the variance request• seconded by Council Member Mullins. The motion~assed with all members present voting "aye". Ordinance 581-M Final Reading Mayor Turville read Ordinance 581-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to allowable uses in non-established District 3 and a corresponding map change; adopting text changes to Established Business District 1 and Undeveloped District 7; adopting map changes to Undeveloped District 6 (Bosserman), Undeveloped District 2 (Real Life Christian Church) and Undeveloped District 7 (Southern Fields Phase III); adopting text changes to the goals, objectives and policies of the Intergovernmental Coordination element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Barbara Hollerand, Planner, presented Ordinance 581-M as an adoption hearing for the City's first-cycle 2007 comprehensive plan amendment, which includes seven separate requests. These requests were approved for transmittal by the Council back in March and April. In July, Department of Community Affairs (DCA) issued a "No ORC" letter to the City, stating it had no objections, recommendations or comments on the proposed amendment package. As such, there have been no changes made to these amendments. Staff will send the items approved back to the Florida Department of Community Affairs, Lake County, and the reviewing agencies for the final review. DCA should notify the City of its intent to find them in compliance with our comprehensive plan by the end of October. They would become final after a 21-day appeal period. Ms. Hollerand informed the public of the Comprehensive Plan Citizen Courtesy Information List form. The Florida Department of Community Affairs in Tallahassee provides this form for individuals who are interested in being notified when the Notice of Intent to find the comprehensive plan amendments in compliance is published should anyone wish to add their name to the list. City Manager Saunders noted there are seven (7) amendments to review and requested Council to vote on whether to include each item in the ordinance and then one final vote at the end of the ordinance. Item 1 is an administrative request for a comprehensive plan text amendment to add some new policies to the Intergovernmental Coordination Element of the Goals, Objectives and Policies. The City purchased the southern half of the 219-acre Inland Groves property last year to develop as a passive recreation park. The City is applying for a Florida Communities Trust "Florida Forever" grant to apply to the acquisition costs. Many grant programs like this one require documentation of relevant comprehensive plan Goals, Objectives and Policies relating to preservation of recreation and open space. Last year, the City amended The comprehensive plan to strengthen some policies in several elements for this purpose, and now staff recommends adding some additional policies to the Intergovernmental Coordination Element. The Planning & Zoning Commission and staff recommended approval for this amendment. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 1 in the ordinance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". These next three items are amendments for recent annexations. Each property is now in the City, but each still has its County future land use. The comprehensive plan amendment process is necessary to add a City future land use and to include these properties on our Future Land Use Map. Item 2 is the Southern Fields Phase III property. The property is about 33 acres, located along Hartwood Marsh Road, east of Hancock Road and just west of Hartwood Reserve. The owner is KB Home Orlando LLC. The change is to the Future Land Use from County Urban Expansion to Undeveloped District 7 (UD-7) Residential. Phase III was annexed last year and rezoned R-1. It has 102 homes with a density of approximately 3.1 homes per acre. All approvals secured under the 2003 water and wastewater service agreement with the City remain in effect. No text amendments to the comprehensive plan are required. The Planning & Zoning Commission and staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 2 in the ordinance; seconded by Council Member Goodgame. The motion passed with all members present voting_"aYe". City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Item 3 are the Bosserman 14 properties. There are two properties on this request; the first being a 13.7- acre tract and the second, a .28-acre property adjacent to the larger property's western side. The properties are located south of S.R. 50, west of Hancock Road, north of Hooks Street and north of East Ridge High School. The owner is Kenneth E. Bosserman Revocable Trust, and the applicant is Richard E. Bosserman, trustee. The change is to the Future Land Use from County Urban to Undeveloped District 6 (UD-6) Commercial. The 13.7-acre property was annexed last year and rezoned C-2. The second property is a quarter-acre sliver of land that was already in the City limits, but still had Urban Estate zoning. Both properties have urban future land use, which is sufficient to develop the properties as commercial. It is appropriate to add them to this district and to assign them a Commercial future land use classification because these properties are adjacent to the UD-6 district. In the S.R. 50/Hancock Road commercial node, the UD-6 language does limit the intensity on properties to a .26 Floor Area Ratio, which equates to approximately 158,000 square feet on this combined site. However, no text changes to the comprehensive plan are necessary for these properties. The Planning & Zoning Commission and staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 3 in the ordinance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item 4 is Real Life Christian Church. This is an approximately 19-acre property, located south of Steve's Road, east of U.S. 27, west of Citrus Tower Boulevard. The owner is First Christian Church of Clermont, Inc. and the applicant is Real Life Christian Church. The change is to the Future Land Use from County Urban Expansion to Undeveloped District 2 (UD-2) Public Facilities/Institutional. This property was annexed last year for development as a church and school. It was not rezoned, and still retains the default zoning of Urban Estate, which is sufficient for the proposed development. Because the property is adjacent to the UD-2 district, it is appropriate to add it to this district and to assign it a Public Facilities/Institutional future land use classification. No text changes to the comprehensive plan are necessary for this property. The Planning & Zoning Commission and staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 4 in the ordinance: seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item 5 is Bees Auto, Inc. This request affects property located at 898 West Montrose Street, on the northeast corner of Montrose Street and West Avenue, south of the post office. The owner/applicant is Bees Auto, Inc. represented by Wayne Weatherbee. The change is to the Future Land Use Element Appendix C language to add "automotive and truck repair service" to the allowed uses at this location in Established Business District 1 (EBD-1). The applicant currently operates an automotive and truck repair service business at 899 West Montrose Street, across the street from the subject property. The business has been at its present location since 1982, which was prior to the adoption of the City's comprehensive plan and Future Land Use Map. This use at this location was grandfathered in with the adoption of the comprehensive 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 with the intention of moving the business across the street. The City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 subject property also had been previously used for an automotive and truck repair service, 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 was lost and the reinstatement of this use needed to undergo the comprehensive plan amendment process. Additionally, the applicant will need to apply for a conditional use permit for the new location. 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 and staff recommended approval. Mayor Turville opened the public hearing. Bill Banzhaf spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 5 in the ordinance; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item 6 is a 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 owner is Kings Crossing, LLC and the applicant is Jimmy Crawford. 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 Tuscany Village. The Tuscany Village PUD remains in force as the zoning for this site as well as for the Tuscany Village project, which is on the west side of U.S. 27. Staff believes 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 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. 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 does 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 comprehensive plan amendment language, which was approved prior to the Conditional Use Permit, clearly stated that the east side was to have only office and restaurant uses. The Planning & Zoning Commission recommended approval with additional language that specified there would be a cap on retail use of no more than 40,000 square feet. At the Council transmittal hearing in April, the amendment was approved for transmittal, but with an additional condition that the retail was to only be on the north side of Citrus Tower Boulevard/South Clermont Connector. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Staff recommendation was for denial of the Future Land Use Element Appendix C change. Jimmy Crawford was present on behalf of the applicant requesting approval. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, and Bill Banzhaf, 931 Montrose St., spoke in favor of the project. City Attorney Mantzaris clarified that what gets built is for discussion at a later date as this is future land use as related to the property. Mayor Turville closed the public hearing. Council Member Mullins moved to include item 6 in the ordinance; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". Item 7 is a request by Gerald A. Jones. The owner/applicant is Gerald A. Jones, represented by Fred Morrison. 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 property is zoned C-1. The first request is for a map change from Residential/Professional to Commercial and a text change to add "automotive and truck repair service" as an allowed use at this location in the NED-3 district. At the March transmittal hearings on this property, staff presented a history of this use on the property and made a recommendation of denial for both requests. In the staff report, staff reported that this automotive and truck repair service is anon-conforming use on property that currently has a Residential/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"' Street to beyond East Avenue. Staff cannot support 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 this non- conforming use in a manner consistent with the conditions of the 1989 conditional use permit. The existing conditional use permit did not allow commercial use on the back lots, only a residence or two professional offices. Staff maintains that removing the "non-conforming use status" through a comprehensive plan amendment is not appropriate at this location. The Planning & Zoning Commission voted to recommend approval for this amendment. City staff recommended denial of the requests. Fred Morrison was present on behalf of the applicant requesting approval. Mayor Turville opened the public hearing. City Attorney Mantzaris advised that future land use has nothing to do with the past issues and encouraged Council to consider whether this is an appropriate future land use. Jim Purvis, 4206 Hammersmith, and Charlene Forth, 939 W. Desoto St., spoke in support of the request. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 Mayor Turville spoke in support. Council Member Mullins agreed with Mayor Turville. Council Member Goodgame requested the future land use map. Planning Director Hitt displayed the map for discussion. Council Member Mullins moved to include item 7 in the ordinance; seconded by Council Member Hogan The motion passed 4 to 1 with Council Member Goodgame opposing. Council Member Mullins moved to adopt Ordinance 581-M; seconded by Council Member Goodgame. The motion passed with all members present voting_"aye". Mayor Turville called for a recess at 8:41 pm. The meeting reconvened at 9:Olpm. NEW BUSINESS Variance RequestAmerican Pools & Spas Jim Hitt, Planner, reported on the request for a reduction of the rear setback from 7 '/z feet to 6 '/z feet for a new pool, deck and screen enclosure. The applicant (pool contractor) made a mistake in measuring the lanai area of the house resulting in the pool and surrounding deck being built farther into the rear setback and utility easement. Staff recommended approval. Applicant, Sam Brown, project manager with American Pools and Spa, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearings. Council Member Goodgame moved to approve the variance request by American Pools and Spa; seconded by Council Member Hogan. The motion~assed with all members present voting "aye". Variance Request Woodwinds Development Inc. Curt Henschel, Planner, presented the request to allow parking spaces to be 9 foot by 18 foot and to allow for a building height of 50 feet. The applicant proposed to construct nine condominium style buildings in the Woodwinds development. Jayson Stringfellow, applicant, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve the variance request for the Woodwinds Development; seconded by Council Member Mullins. The motion passed with all members present voting "a. Variance Request Mirror Lake Subdivision Curt Henschel, Planner, reported on the request. The proposed 24 lot development plan includes one cul- City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 14, 2007 de-sac road with access off of Old Highway 50. Items 1 and 3 through 7 of the requested variances were previously approved in July and August of 2006, but because construction had not started within one year, these variances have been rendered void. The seven (7) variances include: to allow a private street; to construct only one cul-de-sac at the end of the street with no intermediate cul-de-sac; to reduce the minimum roadway centerline radius from 100 feet to 50 feet; to reduce the road right-of-way width to 50 feet, rather than 60 feet; to construct a sidewalk on only one side of the street where homes will be located; to reduce the front building setback to 20 feet; and to allow a topographical elevation change up to 15 feet. Staff supported all of the requested variances. Greg Crone, representing the applicant, was present and concurred with staff's recommendation. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, voiced concern with the number of variances requested. Keith Hogan, one of the owners of the property, stated it is a quality private gated development and requested approval. Mayor Turville closed the public hearing. Council Member Mullins noted that item 2 should be linear feet and not square feet. Council Member Goodgame inquired if this development requires a Homeowners Association. City Attorney stated that any subdivision is required to have a Homeowners Association. City Manager Saunders noted staff can review during site review. Council Member Mullins moved to grant the variances; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Council Appointment Lake Community Action Agency allows the City to sit on their Board of Directors. Council Member Berlinsky's schedule dos not allow time for him to attend the meetings. The Council will need to consider a new appointment. Council Member Hogan requested tabling. Mayor Turville asked City Manager Saunders to contact Lester Cole to see if he has an interest or if he may know of someone who might be interested in serving. The Council agreed to place on the next agenda. ADJOURN: With no further comments, this meeting was adjourned at 9:26pm. '" APPROVED: ,, -,, ATTEST: arold S. Turville, Mayor l0