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11-27-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 The Clermont City Council met in a regular meeting on Tuesday, November 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, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of November 13, 2007. Council Member Goodgame moved approval of the November 13 2007 minutes as written• seconded by Council Member Mullins The motion passed with all members present voting "aye". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, complimented the downtown area on the Christmas decorations. Also, he commented on Home Depot using public parking spaces to wrap Christmas trees from the garden center. Wally Herda commented on the Bloxam Avenue project being complete and thanked Council and staff for their assistance. Joyce Freeman, 1124 W. Desoto Street, questioned the notification process of the boil water alert. City Manager Saunders replied that staff contacted the media as soon as they received the notice of a bad sample. Lake County has a reserve 911 system and agreed to use the system to contact through telephone with a message of a boil water alert. Staff found out the following morning that it did not work in all areas of the City. Only two thirds of the area affected received the call. As soon as Lake County notified the City of what happened, staff requested they send out a second call. It is not a requirement to use the reverse 911 system. The Department of Environmental Protection (DEP) requires that we notify the media. The City had taken 16 samples that day and only one came back negative. The Engineering Department believes it was just a bad sample but still had to follow protocol. Mayor Turville apologized to Ms. Freeman for not receiving a call. We have learned a valuable lesson and relied on a county system that did not come through for us. Council and staff will discuss how to improve this. REPORTS City Manager Saunders reported good news to the Council. The City made an application to Lake County for $2.5 million for the Inland Graves property. The state granted the City of Clermont $3.34 million and today Lake County approved a $2.5 million grant to purchase the property. Last year, Lake County also granted $2.5 million for phase 1. He thanked County Commissioner Renick who was present. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Mayor Turville thanked staff and noted $8.34 million has been funded fora $16 million land acquisition. City Manager Saunders noted the Clonts Groves request for a Conditional Use Permit (CUP) in Lake County has been withdrawn. The Council workshop previously scheduled for December 12 to review Code Enforcement Board changes was rescheduled to December 19 at 6:OOpm in the Council Chambers. Also, Lake County schools are coordinating their first meeting of the Lake County Currency Review committee. In the Inter-local agreement, there was a stipulation when this committee was formed that a representative be appointed by some of the cities. The meeting will be held on December 6 at 10:00am. Council Member Goodgame moved to have City Mana eg r Wayne Saunders represent Clermont• seconded by Council Member Mullins The motion passed with all members present voting "aye". City Attorney Mantzaris - No Report Council Member Hogan reported on the Water Alliance meeting to be held on December 12. Commissioner Renick will give a report on Thursday at Summit Greens and Mayor Turville will be speaking on December 6 at 7:OOpm at Summit Greens. Council Member Goodgame requested street lights be placed on Oakley Seaver Boulevard and Legends Way, once developed. Also, Citrus Tower Boulevard and the South Lake Connector do not have street lights. Also, the discussion at the last Metropolitan Planning Organization (MPO) meeting was on the ridership of the bus system being more than anticipated. Council Member Mullins reported on the League of Cities concern with the ballot in January on further reducing local taxes. Council Member Berlinsky - 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 -Budget Amendment Request to amend the Planning Department Budget and purchase software equipment for the Planning Department/Building Services Item No. 2 -Cancellation of Council Meeting Request to cancel the Second Council Meeting in December Council Member Goodgame requested item 1 be pulled from the agenda. Council Member Goodgame moved acceptance of item 2• seconded by Council Member Mullins. The motion Rassed with all members present voting "aye". Council Member Goodgame questioned if the County would allow us to use the program. City Manager Saunders replied that staff asked the County if it would be possible to pay a fee for an additional license. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Lake County Commissioner Renick noted the County would like to help however Perconti does not allow agencies to piggy back a license from another agency. Council Member Goodgame moved for approval of consent agenda item 1• seconded by Council Member Mullins. The motion assed with all members resent votin "a e". City Manager Saunders noted Building Services will also use this system so if they leave in the future, we will have those records. UNFINISHED BUSINESS Mayor Turville reported on the agenda items, Resolution No. 1546 and Resolution No. 1550, requesting to be withdrawn from the agenda. The next three (3) items were heard concurrently. Ordinance No. 582-M Final Hearing Mayor Turville read Ordinance 582-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Ordinance No. 583-M Final Hearing Mayor Turville read Ordinance 583-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 239-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Resolution 1549 Bret Jones Mayor Turville read Resolution 1549 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 professional office in an R-3-A Residential/Professional Zoning District. Barbara Hollerand, Planner, presented the information on the request from owner/applicant, Bret Jones. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 The property location is 1230 Hampton Street, between Almond Street and Highland Avenue. It is on about a third of an acre. The first request is for asmall-scale comprehensive plan amendment to change the Future Land Use from Non-Established District 4 (NED-4) Residential to Established Business District 2 (EBD-2) Commercial. The existing land use is listed as residential, but actually the home has been used as an office by the applicant since he purchased it earlier this year. The prior owner also used it as an office. The current zoning on the property is R-2 Medium Density Residential, but the applicant is requesting a rezoning to R-3-A Residential/Professional. The third request is for a CUP to have an office in an R-3-A zoning district. The applicant owns two commercial properties adjacent to the subject property. To its south is a building at 720 Almond Street that is leased as professional offices. To the immediate west of that building is the applicant's law offices at 700 Almond Street. This area of the City has been the subject of several land use and zoning requests in recent years. In June 2002, the Council denied without prejudice a request for a future land use change to commercial and a request for a rezoning from R-2 to R-3-A for the Kingston property at 1225 Hampton Street-across the street from the subject property. At the same hearing, three requests were made by the Angels of Mercy organization for 1147 Hampton Street, which is immediately north of the Kingston property and across the street from the subject property. In that case, the applicant was asking for a future land use change to commercial, a rezoning to R-3-A and a CUP for an office, daycare and private school. The 1147 Hampton Street request was tabled indefinitely. Several individuals at the hearing expressed opposition to granting land use and zoning changes to existing homes in the neighborhood. Later that year, property owner Richard Langley made several requests for his 720 Almond Street property, which is one of the commercial properties now owned by the applicant. This property, directly south of the subject property, was granted a future land use change in November 2002. A rezoning from R-2 to R-3-A was also approved at that time. At the Langley hearings, it was noted that an inconsistency in the 1991 comprehensive plan had created an impediment to developing Mr. Langley's property for a commercial use. The property, though having commercial future land use, was not in a district that allowed commercial uses and was not in a zoning district that allowed commercial or office uses. At that hearing, the Council approved the future land use change to move the boundary of the Established Business District 2 (EBD-2) line to include this property and rezoned the property to R-3-A. A CUP to allow for professional office was approved and constructed a 2,000-square-foot office at 720 Almond Street, adjacent to his office building at 700 Almond Street. At the time of the 2002 approvals on the Almond Street property, the adjacent property to the north-the subject property-was still being maintained as a residence. The following year, Mr. Langley purchased the subject property. It has remained in NED-4 as residential property with R-2 zoning. In May of this year, Bret Jones purchased the subject property and the 720 Almond Street commercial property to its south from Mr. Langley. The applicant has been using the subject property for additional office space for his business. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Staff does not support further encroachment of commercial and office use into this block. The existing uses to the north, east and west of the subject property are currently residential. Historically, only those properties with frontage along Almond Street have been granted commercial future land use and residential/professional zoning. Staff recommended denial of the requests for the small-scale comprehensive plan amendment, the rezoning and the CUP. The Planning & Zoning Commission voted 4 to 2 to recommend approval for each of the three requests. Bret Jones, 700 Almond Street, was present requesting Council approval. He owns and rents the two (2) properties mentioned and occupies the third one. There are two (2) employees there for filing and will not be able to relocate those employees. He noted it is in the best interest of the city to continue this use. Mayor Turville opened the public hearing. Wally Herda requested denial of the map change. Ms. Lisa Welling, Sunnydell Drive, an employee of Bret Jones requested Council consider approval. Ms. Pamela DeCambre-Reede, 1211 Bloxam Avenue, spoke in support of the rezoning. Jim Purvis, 4206 Hammersmith Drive, suggested granting an exclusive temporary use as presently being used without changing anything. If it is sold in the future, it remains residential. Mayor Turville closed the public hearing. Jim Hitt stated staff recommended denial because it encroaches onto a residential neighborhood. Council Member Berlinsky and Council Member Mullins did not support changing the zoning to commercial at this time. Council Member Berlinsky moved denial of Ordinance 582-M• seconded by Council Member Mullins. Council Member Goodgame questioned the compromise suggestion by Jim Purvis. City Attorney Mantzaris stated we could not negotiate for a temporary use on Ordinances however we could on a CUP. City Manager Saunders stated if Council denies this request, staff could ask Code Enforcement to issue a violation and give the applicant 60 days to fix the use. The motion passed S to 0 on a roll call vote The other two (2) items were not voted on due to the motion to deny Ordinance 582-M. Variance Request Norman Pollack Jim Hitt, Planning Director, reported on the variance request to allow a patio with a screen enclosure within the required rear yard setback. Staff recommended approval. Staff was contacted by the Summit Greens Architectural Review Board (ARB), although it has no bearing, and they did recommend denial. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Norman Pollack, applicant, was present requesting approval. If Council approves, he has one (1) year to have the disapproval reversed to pursue in a timely manner. Mayor Turville opened the public hearing. Al Mannella, Summit Greens Homeowners Association (HOA) President, stated Mr. Pollack followed protocol and the ARB denied his request. He has a right to appeal the denial to the Board of Directors. Jim Purvis urged Council to do the right thing. Mr. Pollack responded to the comments. City Attorney Mantzaris suggested the Council follow the rules of a variance request, not the covenants from an HOA. Mr. Pollack reviewed the definition of a screen enclosure. Council Member Berlinsky commented that when Mr. Pollack bought his property, he bought a platted lot in a subdivision approved by the City. He knew the plat contained setback restrictions and received a survey. Everyone that bought into that subdivision would construct and maintain their properties consistent with plat restrictions. He did not support granting this variance noting it sets a bad precedent. Council Member Mullins noted the City should not get involved with covenants of an HOA. If the neighbors do not want it, perhaps the City should not grant the variance. Council Member Goodgame moved to deny the variance by Mr Pollack• seconded by Council Member Berlinsky. The motion passed with all members present voting"a, Utility Agreement Johns Lake Landing Planning Director Hitt reported on the Utility Agreement for a Planned Unit Development (PUD) located south of State Road 50 and east of Hartle Road. This was previously tabled and staff was instructed to provide language requiring payment of City impact fees; Section 1.20 has been added. The applicant is not willing to pay all City impact fees prior to annexation but is proposing to pay $1,000 per home for all homes constructed prior to annexation. There will be 845 units and it is within the 180.service district. City Attorney Mantzaris noted the second Grantor statement in Exhibit B is to be deleted Steve Richey, applicant, was present. He confirmed the proposal of $1,000 for every residential permit pulled prior to the City annexing the property. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned who owned the property west of the Highway 50 section. Mr. Richey replied the owner of the property is Cra-mar Groves, Inc. Council Member Goodgame expressed appreciation for what is being done as this will help to offset the cost that will incur. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Council Member Goodgarne moved for approval of the Utility Agreement for Johns Lake Landing; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". Mayor Turville called for a recess at 9:06pm; the meeting reconvened at 9:17pm. NEW BUSINESS Variance Request Ashley Furniture Jim Hitt, Planning Director, reported on the variance request to allow a grading cut up to 19.6 foot for a small area on the proposed Ashley Furniture site. It is located south of Highway 50, north of Hooks Street and west of Grand Highway. Staff recommended approval. Bob with Interplan, Inc. was present representing Clermont Development LLC and Ashley Furniture. He noted this is a small portion of the site. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, commented that parking lots on a slope have become take offs for shopping carts. He suggested the placement of breaks to prevent runaway carts. Council Member Mullins moved to Qrant the variance as requested• seconded by Council Member Berlinsky. The motion passed with all members present voting "aye" Variance Request Tower Medical Center Curt Henschel, Planner, reviewed the variance request to allow fora 14 foot landscape buffer located at the northwest corner of US 27 and Grand Highway. City Manager Saunders clarified the request is not for a wall; it is fora 14 foot wide buffer which would allow them to put in a wall. The applicant was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of the variance request for Tower Medical Center; seconded by Council Member Mullins The motion passed with all members present voting "aye". The next two items were heard concurrently as they are related. Resolution 1553 Wal-Mart Mayor Turville read Resolution 1553 aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a gas station and convenience store within a Planned Unit Development/C-2 General Commercial Zoning District. Variance Request Wal-Mart Curt Henschel, Planner, reported on the CUP and variance requests. The CUP is to allow a gas station and convenience store within a PUD. This site is located at the northeast corner of US 27 and John's Lake Road (Wal-Mart Shopping Center). The Murphy Oil Gas Station/Convenience Store is not requesting any physical changes to the site, buildings or signage. If approved, this CUP will serve to separate the Wal-Mart CUP from the Murphy Oil Gas Station. The four (4) variances requested are to allow: a lot with less than 50 foot frontage on a Right-Of-Way; off-site signage; no landscape between the abutting properties; and for a canopy to be 21.5 foot from the property line. Staff recommended approval of the variances requests and the CUP. Tricia Rothe, Kimley Horne & Associates, was present representing Wal-Mart and Murphy Oil. There will be no physical changes. This is a transfer of ownership. Mayor Turville opened the public hearing. Jim Purvis questioned if this sets a precedent. Mayor Turville closed the public hearing. Mayor Turville questioned what would happen if Murphy Oil decided to sell. City Attorney Mantzaris stated there is a binding agreement and they have covenants. This is the only way to do the separation. City Manager Saunders commented this was not the intent when the project was built. A potential down side is someone coming in and developing a project with outparcels and then return and request the same thing. They would be circumventing land development regulations. Council Member Goodgame questioned if the resolution to separate opens their CUP. City Manager Saunders clarified it does not open their entire CUP, only a portion. Council Member Goodgame requested adding in dusk to dawn security for Wal-Mart and emergency generators for Murphy Oil to allow gas to be pumped in the event of no electricity. City Attorney Mantzaris stated Murphy Oil is asking for a new CUP to apply for .6 acres and the item regarding Wal-mart is not before the Council. Council Member Goodgame moved for approval of Resolution 1553 with security for Wal-Mart and Murphy Oil as part of the approval The motion died for a lack of a second. Council Member Mullins questioned if the convenience store wanted to expand. City Manager Saunders noted this CUP is tied to this particular site plan. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 27, 2007 Council Member Berlinsky moved for approval of Resolution 1553; seconded by Council Member Mullins The motion passed 4 to 1 with Council Member Good ag me opposing. Council Member Mullins moved to grant the variances• seconded by Council Member Berlinsky. The motion passed 4 to 1 with Council Member Good ag me opposing. Resolution 1554 Budget Amendment Mayor Turville read Resolution 1554 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the City of Clermont for Fiscal Year 2006-2007. City Manager Saunders stated this Resolution will amend last year's budget for changes approved during the year. We were $1.5 million under budget however there are some projects being carried over to the current fiscal year and were still under budget by $300,000 to $400,000 for fiscal year 2006/2007. Council Member Goodgame moved adoption of Resolution 1554; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Ordinance No. 585-M Introduction Mayor Turville read Ordinance 585-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 a text change to allow the uses of skilled nursing facility, assisted living and age-restricted adult independent living to a portion of Undeveloped District 7 (Celebration of Praise); adopting a map change to Undeveloped District 7 (Baffles) and a related text change; adopting a map change to Undeveloped District 7 (Foxchase); 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 an effective date. Council Member Mullins moved to introduce Ordinance 585-M; seconded by Council member Goodgame. The motion passed with all members present voting_ aye„• t 'ADJOURN: With no further comments, this meeting was adjourned at 9:51pm. APPROV arold S. Turville, Mayor ATTEST: `,,; '` J f Tracy lcroyd, City C rl