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09-23-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 The Clermont City Council met in a regular meeting on Tuesday, September 23, 2008 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 Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes ofAugust 26, 2008 and September 9, 2008. Council Member Goodgame moved for approval of the minutes of August 26 as written• seconded by Council Member Mullins The motion passed with all members present voting"aye". Council Member Goodgame moved for approval of the minutes of September 9 as written; seconded by Council Member Mullins. The motion passed with all members present voting"aye". PUBLIC COMMENTS Cuqui Whitehead, 837 5"' Street, commented on attending the Chamber breakfast meeting Jim Purvis, 4206 Hammersmith Drive, questioned the status of the revisions from the Department of Transportation (DOT) on 5`h Street and Highway 50, the traffic lights at Fire Station No. 1 and tornado sirens. Mr. Purvis requested the Code Enforcement Board be given the opportunity to speak to Council at a future workshop regarding the growing number of commercial properties out of compliance because of foreclosures. Council Member Goodgame noted DOT is conducting a timing of lights study. Jim Shira, President of Downtown Partnership, requested the closing of Montrose Street on Saturday, October 11 and Sunday, October 12 for an Arts and Crafts Festival. The time requested for Saturday is from S:OOam to the rest of the day. On Sunday beginning at 6:OOam and expand the road closure on Montrose Street from the Police Department to City Hall with 7`h and 8`h Street remaining open to traffic. Also, close Montrose Street on Sunday, October 26 from the Police Department to City Hall from 6:OOam to 6:OOpm with 7`'' and 8`'' Street open to traffic. This is for the first anniversary of the Farmers Market. Mayor Turville noted the Council could consider tentatively until the calendar is checked. Council Member Good ame so moved: seconded by Council Member Mullins. The motion passed with all members resent voting "aye". Ryan Muller, owner of Neon Banana located at Sunnyside plaza on Highway 50, questioned the City's sign ordinance. Mayor Turville explained the process and asked him to meet with Planning Director Hitt. Dave Yeager, City of Minneola Mayor, requested Council review the study for the Hancock extension (Minneola Collector Road) leading to the Florida Turnpike. This road will be going through Clermont, Minneola and Lake County and all entities will be affected. Mayor Turville noted to have staff review. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 Tim Murry, 574 E. Desoto Street, expressed concern with the traffic congestion at the elementary school at the corner of Scott and Desoto Street. Mayor Turville understood the School District would be redesigning the traffic flows. PROCLAMATION Mayor Turvville read a proclamation aloud declaring October 2008 as Italian Cultural and Heritage Month. REPORTS City Attorney Mantzaris - No Report Council Member Hogan reported on attending the Water Alliance meeting. Council Member Goodgame reported the Lake Sumter MPO will host the next community session on Monday, September 29 from 6:OOpm to 8:OOpm at the Kelly Convention Center at Lake Sumter Community College in Leesburg. The subject will be "Sprawl" and the facilitator will be Teresa Jacobs. Council Member Mullins commented on the sales tax oversight committee meeting regarding use of the one cent sales tax. The 16 entities are spending it appropriately. Council Member Berlinsky - No Report 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 Daughters of the American Revolution Request for use of Veterans Park and closing portions of Crystal Lake Drive, 3`d Street and Desoto Street for the Veterans Day Observance on November 11"', from 10a.m. to 1 p.m. Item No. 2 -Event Request Item No. 3. -Open Air Sales/Tent Permit Item No. 4 - ContractApproval Break Away Track Club Request use of Waterfront Park on Saturday November 15 for the Florida AAU Cross Country Championships Lowe's Request for an Open Air Sales & Tent Permit to sell Christmas Trees in the Lowes parking lot beginning November 14, through December 31, 2008 Approval to sell strip of land along Max Hooks Road for Right-Of-Way expansion - Haydon- Rubin Development 2 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 Council Member Goodgame moved approval of the consent agenda; seconded bX Council Member Mullins. The motion passed with all members present voting"aye". UNFINISHED BUSINESS The next two (2) items were heard concurrently and voted on separately as they are related. Ordinance 599-M Final Hearing Mayor Turville read Ordinance 599-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Ordinance 600 M Final Hearing Mayor Turville read Ordinance 600-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. 289-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. Barbara Hollerand, Planner, presented the annexation and rezoning request for a vacant 19-acre property. The owner is DeWitt Enterprises, Inc., and the applicant is Cecelia Bonifay with Akerman Senterfitt P.A. The property is just south of State Road 50, on the northwest corner of Hooks Street and Citrus Tower Boulevard. Its land use is Lake County Urban, and its zoning in the County is Community Facility District and R-6. The property, comprised of three tracts of vacant land, is contiguous to the City on its northern and western sides. To the north of the property is office and residential uses; to the south, east and west is vacant land. A commercial project is planned for the site. Prior to development, the proposed project will be required to go through the site review process with City staff. The site is well served by the transportation network. Hooks Street is to the south, Citrus Tower Boulevard is adjacent to the property's east side and Oakley Seaver Drive runs along the west side. Sandy Grove Avenue, an east/west road through the Sand Hill Commons development, will also connect to the property at its northwest corner. Additionally, a traffic signal at Hooks Street and Citrus Tower Boulevard became operational within the last year. The City is proposing to annex the right-of-way for Citrus Tower Boulevard from Hooks Street to S.R. 50, as well as the right-of-way for Hooks Street from the western edge of Sand Hill Commons to Citrus Tower Boulevard. The Lake County future land use of Urban is sufficient to develop the parcel as a commercial property. However, the owner is required to apply for a comprehensive plan amendment during the City's next amendment cycle to assign a City future land use. This location is appropriate for C-2 commercial development and the Lake County future land use of Urban is sufficient to develop the property as commercial. The Planning and Zoning Board recommended approval of the rezoning request and staff recommended approval of the annexation and rezoning requests. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 Council Member Goodgame moved for approval of Ordinance 599-M as written; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Council Member Goodgame moved for approval of Ordinance 600-M• seconded b~ Council Member Mullins. The motion passed 5 to 0 on a roll call vote. The next three (3) items were heard concurrently and voted on separately as they are related. Ordinance 596-M Final Hearing Mayor Turville read Ordinance 596-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Ordinance 594-M Final Hearing Mayor Turville read Ordinance 594-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. Barbara Hollerand, Planner, presented information on the annexation and small scale comprehensive plan amendment requests for the South Lake Charter School, located at 15220 Hartwood Marsh Road. The owners are Charter School Fund I, LLC (Imagine Schools) and Ladd Development, Inc. The applicant is Richey & Cooney, P.A. The first two requests are for annexation and to change the Future Land Use on the approximately 10-acre property from County Rural to Undeveloped District 7 (UD-7) Public Facilities/ Institutional. The existing land use is an elementary school and about an acre of vacant land. Currently, it has a County zoning of Community Facility District (CFD) and R-4. Upon annexation, the zoning becomes Urban Estate in the City and no rezoning is required for a school use. Lands to the north and east are in the County with Rural future land use and R-4 zoning, and lands to the south and west are in the City with UD-7 Residential and R-1 zoning. Hartwood Pines subdivision is to the west. This project came before the City Council for water and wastewater service agreement in 2004, which covered a charter school of three buildings for 700 students, grades kindergarten through 5"' grade. The school opened three years ago in the fall of 2005. Imagine Schools is seeking to expand the site by one acre and to annex into the City. As part of the annexation, the City is proposing to annex the right-of-way along Hartwood Marsh Road to the south of the property. Once a property is annexed, the City must assign a City future land use and update its Future Land Use Map through the comprehensive plan amendment process. This property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. It will be final 31 days after adoption. No text changes to the comprehensive plan are necessary for this property. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 The developers are proposing to expand the school from a K-5 facility to a K-8, with a maximum enrollment of 1,050 students. Additionally, the charter company is planning to add adult education programs such as computer and craft classes. The existing school and its one-acre addition are within the City's Joint Planning Area and are already served by City water and sewer. Assignment of a Public Facilities/ Institutional future land use within the Undeveloped District 7 (UD-7) district is appropriate upon annexation of this property. The Planning and Zoning Board recommended approval of the small- scale comprehensive plan amendment and staff recommended approval of the annexation and Future Land Use Map change. NEW BUSINESS Resolution 1591 Imagine School Mayor Turville read Resolution 1591 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 charter school facility in an Urban Estate Low Density Residential District. Jim Hitt, Planning Director, presented the Conditional Use Permit (CUP) request to allow a charter school facility within an Urban Estate Low Density Residential District, upon annexation. The changes proposed for the site include: a new two story addition in front adding 16 classrooms, widening sidewalks internally to 8 feet, bus drop-off loop and parking changes and underground stormwater treatment system. They will also be relocating the dumpster. Mr. Hitt also distributed a memorandum of two (2) changes recommended by staff. He was contacted by Lake County in regards to obtaining a permanent grading easement to be utilized for sidewalks along Hartwood Marsh Road. This is in conjunction with the scheduled improvements by Lake County. There is an exhibit attached to the CUP which reflects those needs expressed by Lake County to the City. In order to assure the transportation requirements in the study are more stringent than originally proposed, he amended the language in number nine (9) and read the amended language aloud. Mr. Hitt was notified today by the MPO there is currently capacity on Hartwood Marsh Road and Hancock Road except for one section on Hartwood Marsh Road running from Hancock Road to the Orange County line that is over capacity. It does indicate there are issues and proportionate fair share would be required in accordance with traffic guidelines. The CUP does cover a noise requirement noting the City does have the right to address any potential issues. Mr. Gary Cooney was present in place of Steve Richey on behalf of the applicant. He expressed concerns with revised language in the CUP. Mayor Turville opened the public hearing. The following expressed concerns with the charter school request: Michael Salvitti, 2645 Hartwood Pines Way; Cindy Emely, Treasurer of Hartwood Pines Homeowners Association, 2633 Hartwood Pines Way; Annette Siniawski 2634 Hartwood Pines Way; Jim Purvis, 4206 Hammersmith Drive; Kimberly Day, 2646 Hartwood Pines Way; and Ms. Rivera, 2654 Hartwood Pines Way. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 The following spoke in support of the charter school request: Nancy Wilkins 10925 Versailles Blvd; Kendall Anderson, 12248 Lake Valley Drive; Holly Seaton 3104 Tobago Avenue; Sita Price, 10536 Jordan Delargo Street; Vincent Montori, 12707 Lake Ridge Circle; Tim Murry, 574 E. Desoto Street; Dave Yeager, City of Minneola Mayor; and School Principal Chris Watson, 12555 Crown Point Circle. Mr. Cooney, Esq. addressed the questions and comments. The Council Members discussed proposed changes to the Conditional Use Permit. Council Member Goodgame moved the school will assume responsibility for any damages to the homes in Hartwood Pines that incur due to the construction of their buildings; Traffic Control as read by Planning Director Hitt - The city may determine traffic control movements as necessary if needed for public safety. The school shall be responsible to provide such service independent of a city police for public safety on Hartwood Marsh that would not prevent them from hiring an off dutypoliceman. The school will be limited to no higher than K - 8 teachings• They will add additional landscaping along the fence to further the noise abatement• The dumPster will be at the location shown on the drawing and no collections of any trash will be made before 7:OOam and when coming into the city will be an immediate condition. The Hartwood Marsh Road right of way issued for four (4) lanes as read by Planning Director Hitt - A Traffic Study in accordance with the City's approved Traffic Fact Study Methodology Guidelines must be completed and approved by the City of Clermont Lake-Sumter Metropolitan Planning Organization (MPO) and Lake County in compliance with Transportation Concurrency and the Transportation Concurrency Management System TCMS .Any resulting agreements for proportionate fair share payments, or actual payments or dedication of right-of-way to Lake County for the four lanes must be completed prior to final approval for any buildingpermits The P.A. system will be modified so that there is no noise disturbance to the communitX of Hartwood Pines; Extra activities for adult education to be completed b,~Opm• The Boys and Girls activities will cease at 6.30Pm• and the Transportation Study has to be completed Prior to any building_permits. The motion was seconded by Council Member Hogan. Council Member Mullins moved adoption of Ordinance 596-M• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote Council Member Mullins moved adoption of Ordinance 594-M• seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote The motion on the Conditional Use Permit passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 Mayor Turville called for a recess at 9:25pm. The meeting was reconvened at 9:36pm. The next two (2) items were heard concurrently and voted on separately as they are related. Resolution 1592 Woodwinds Condominium Mayor Turville read Resolution 1592 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit for a Planned Unit Development to allow the development of a 108 unit condominium facility. Variance Request Jim Hitt, Planning Director, presented the request to build up to a 108 upscale multi-story condos, including some with basement garages. This CUP was previously approved in June 2006. The developer did not begin construction within two years because of market conditions therefore the CUP was rendered void. The owner is now ready to move forward with the project. By establishing a Planned Unit Development (PUD) within the UD-5 future land use district, the developer is able to request a maximum density of 12 units per acre. With the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.8 unit acre maximum density. The proposed buildings will be terraced to cope with the topography of the parcel. The two variances requested are to allow for parking spaces to be 9 foot by 18 foot and to allow for a building height of 50 feet. Staff recommended approval. Jayson Stringfellow, applicant, was present and available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Resolution 1592• seconded by Council Member Mullins The motion passed with all members present voting "aye" Council Member Mullins moved to grant the two (2) variances requested• seconded bX Council Member Goodgame The motion passed with all members present voting "a, Variance Request National Training Center Jim Hitt, Planning Director, reported on the request to allow sports lighting poles higher than allowed per code for the perimeter of two fields at a height of 70 feet. Mr. Jack Jackson, National Training Center Director of Operations, was present. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, questioned the height of the poles. Planning Director Hitt explained that because of the height of the poles not as many poles are needed. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 2008 Council Member Hogan moved for approval of the variance request for the National Training Center; seconded by Council Member Goodgame. The motion passed with all members present voting "awe". Ordinance 602-M Introduction Mayor Turville read Ordinance 602-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Al Roznowski Services, providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved for introduction of Ordinance 602-M• seconded by Council Member Goodgame• Council Member Goodgame requested placing times in the ordinance to allow for no collection before 7:OOam or after 7:OOpm. City Attorney Mantzaris explained there are no collection times in the agreement. He recommended approving a separate code ordinance to address all business related activities currently allowed to provide services before 7:OOam which includes garbage collection times. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 9:54pm. APPROVED: Harold S. Turville, Mayor AT'T'EST: /~ Tracy Ackroyd, City Cle