Loading...
11-12-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 The Clermont City Council met in a regular meeting on Wednesday, November 12, 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, and Hogan. 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. OATH OF OFFICE City Clerk Ackroyd administered the Oath of Office to Harold Turville, Jack Hogan, and Robert Thompson. Council Member Jack Hogan introduced his family and thanked them for their support. Council Member Robert Thompson looked forward to working for the residents of Clermont and thanked them for their support. Mayor Turville said he is humbled to serve in this capacity and thanked the community. MINUTES Council meeting minutes of October 28, 2008. Council Member Mullins amended Olympian Damu Cherry's name and Council Member Goodgame added the date of the South Lake Historical Society event on November 16. Council Member Goodgame moved to approve the minutes of October 28 2008 as amended; seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Cuqui Whitehead, 837 5`h Street, commented on the Veterans Day event and Channel 13 News coverage. Ms. Whitehead spoke of the signs in the road median. She mentioned the situation at the gas station which burned down on Highway 50, stating it was out of control and something should be done to make it safe. Ms. Whitehead requested Council address these at the workshop November 13. Joseph Seaver, Manager of Mobile 1 at 50 and Oakley Seaver commented they are using banners because business has declined. The Salvation Army does this and is in complete compliance within the laws. He requested Council continue to allow the use of banners. City Manager Saunders stated the only item on the November 13 workshop agenda is for the presentations on the pavilion project. The Council discussed this issue at the last workshop and gave staff direction to put together a permit process. Staff will be working on drafting an ordinance and return to Council within the next thirty to sixty days for consideration. Richard Burton, Owner of Mobile 1 located in Oakley Seaver Plaza was also present City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 REPORTS City Manager Saunders scheduled a special session of the Council for November 25 at 6:15pm to discuss the police officers union contract. The meeting will be held in the 3`d floor conference room and is one of the types of meetings that can be a closed session. The Council approved a contract for the sale of the strip of property along Max Hooks Road which will be dedicated for additional right-of-way. The closing date is scheduled for November 25 and the developer purchasing is requesting to extend the dated to December 23. Staff does not have a problem with the date change. Council Member Mullins moved to allow staff to move the closing date to December 23• seconded by Council Member Goodgame. The motion passed with all members present voting "aye". City Attorney Mantzaris - No Report Council Member Hogan commented on attending the Water Alliance meeting in Leesburg. He mentioned the City is recruiting volunteers to serve on the 125 year celebration committee. Council Member Goodgame congratulated Jack Hogan on his reelection and Robert Thompson's election. He reported on a letter written to Florida Department of Transportation regarding the speed on US 27 and they have replied and have refused to reduce the speed limit. The South Lake Historical Society will have the Kern House dedication on Sunday, November 16. Lunch will be served from l lam - 2pm. The cost of lunch will be $6. Council Member Goodgame requested City Manager Saunders have the floating moss and algae in Center Lake taken care of before Light up Clermont. Council Member Mullins - No Report Council Member Thompson thanked Council and looks forward to working with Council and staff. Mayor Turville thanked Wally Herda for his help. 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. l -Event Approval Christian Men in Action Item No.2 -Event Request Dot Richardson - PFX Christian Men in Action request use of McKinney Park for annual Health Fair and Community Awareness Day on Saturday April 25, 2009 Request from Dr. Dot Richardson of the National Training Center for a reduction of fees and use of Hancock Park and Lake Felter Softball fields. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Item No. 3 -Open Air Sales & Tent Permit Ciro's Christmas Trees Request for an Open Air Sales & Tent Permit to sell Christmas Trees at the SE corner of Grand Highway and Highway 50 beginning November 7 through December 31, 2008 Item No. 4 -Open Air Sales & Tent Permit First United Methodist Church Item No. 5 -Purchase Approval Police Department Item No. 6 -Agreement Approval Engineering Department Item No. 7 -Refund Request Engineering Department Request for an Open Air Sales & Tent Permit to sell Christmas Trees on church property located on the NW corner to Highway 50 and 7"' Street beginning November 28 through December 14, 2008 Request authorization to purchase vehicles Approval of the Right-of-Way Utility Agreement between the City and KMH Developers to allow the placement and maintenance of privately owned utilities on Cross Ridge Road Request authorization to refund a portion of Inspection Fees associated with Hartwood Marsh Storage Facility Dr. Dot Richardson, National Training Center, 163 Riggings Way, commented the PFX event last year had close to 5,000 people. This year, there will be 80 amateur teams. Dr. Richardson requested a workshop with the Council to have a partnership and mentioned she has over 112 college teams coming next year. Assistant City Manager Gray stated the City has staff working in the parks over the weekend, four hours on Saturday and on Sunday. If staff is needed for more than four hours, she would have to pay the direct cost of staff. Council Member Goodgame moved for the acceptance of the consent agenda seconded by Council Member Mullins. The motion passed with all members present voting "ate UNFINISHED BUSINESS Variance Request -Campbell/Hammerton Jim Hitt, Planning Director, presented the variance request. The applicant has proposed a restaurant in a retail building located within the Clermont Commons Industrial Center. Half of the building is being used as a day spa and the applicant wishes to occupy a portion of the remaining half. Staff received a new internal plan layout at the previous Council meeting. The applicant is requesting a variance for a total reduction of 9 parking spaces. When the parking calculations are determined for a restaurant, the ratio is higher than a standard retail store. The retail gross floor area required 9 parking spaces; the proposed patron use area within the restaurant will require 9 additional spaces than was originally accounted for with the retail space. The developer in this case maximized the building square footage and did not account for restaurants to occupy retail space. Staff believed this type of restaurant banquet facility will not have the high flow traffic like a typical restaurant; however, staff is not comfortable with over half of the required parking spaces not being accounted for. Therefore, staff recommended denial of the variance. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Marcel Campbell, 1701 East Avenue, was present on behalf of the applicant and Celestial Day Spa. Mayor Turville opened the public hearing. Blanche Shaw, Kings Ridge, spoke in favor and says it is never crowded. Jerry Campbell works at the day spa and noted it is a smoothie and juice bar; not a typical restaurant. Cuqui Whitehead, 837 5"' Street, commented this was setting a precedent by cutting the parking spaces. Mayor Turville closed the public hearing. Mayor Turville commented he was inclined to agree they do not meet typical restaurant parking requirements. Planning Director Hitt stated there were 37 parking spaces for the day spa and this project would require 18 parking spaces. City Manager Saunders commented the total number of required spaces would be 46 so they are nine spaces short. Council Member Goodgame questioned the number of clients that are seen at the same time. The applicant noted the day spa can only see 4 to 6 people in an hour. City Manager Saunders commented the parking requirements are based on the square footage of the facility. They have exactly the number of spaces needed. The need for an additional 9 spaces is due to another business. It is not under a Conditional Use Permit (CUP) and code is based on square footage and the type of business that could be in that site. Mayor Turville noted he did not believe it would be a parking problem for the short term. Council Member Thompson inquired if the City could implement a stipulation if this portion is changed they would have to return to Council. Council Member Mullins asked about a conditional variance. City Attorney Mantzaris suggested the floor plan submitted be included if Council does this. Council Member Goodgame moved for approval of the variance for Hammerton for this business only and the attachment of the floor plan given as part of the document for this applicant; seconded by Council Member Mullins. The motion passed with all members present voting "ave". Ordinance No. 608-M -Final Hearing Mayor Turville read Ordinance 608-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 the Goals, Objectives and Policies of the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements 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 an effective date. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Barbara Hollerand, Planner, presented the Ordinance. The transmittal hearing for this amendment was in July and remains the same as approved and is ready for final adoption. This administrative amendment affects four different elements in the City's adopted comprehensive plan. The changes update the Future Land Use, Transportation, Intergovernmental Coordination and Capital Improvements elements to reflect a change in the level of service for State Road 50 from level of service "C" to level of service "D". Changes to these elements have been made referencing the City's participation in the Lake-Sumter Metropolitan Planning Organization's Transportation Concurrency Management System and the City's adoption of the MPO's traffic study methodology. At its current level of service of "C", the City's segment of State Road 50 was inconsistent with the level of service for State Road 50 established by Florida Department of Transportation (FDOT), which uses a level of service "D." FDOT's policy is that level of service "D" is an appropriate level of service in urbanized areas such as Clermont, while level of service "C" is more appropriate for rural segments of state roads. An inconsistency between the level of service the City set for State Road 50 and the level of service FDOT set for the road could be problematic for funding future improvements. To maintain State Road 50 as a level of service "C" would be the City's responsibility, since FDOT has determined that a level of service "D" is acceptable. Staff recommended approval of the amendment. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to accept Ordinance 608-M; seconded by Council Member Good~ame. The motion passed 5 to 0 on a roll call vote with all members present voting. "aye". Ordinance 609-M -Final Hearing Mayor Turville read Ordinance 609-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 the Goals, Objectives and Policies of the Intergovernmental Coordination and Capital Improvements elements of the Comprehensive Plan; adopting the Public Schools Facilities element; setting forth the authority of 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. Ms. Hollerand, Planner, reported the transmittal hearing for this amendment was in July. The City developed a Public Schools Facilities Element for the comprehensive plan in response to requirements of state legislation to ensure that school capacity at the adopted level of service standard is available at the time of the impacts of development. In the City's comprehensive plan, two existing elements are affected by the creation of the Public Schools Facilities Element. Additions and edits to the Intergovernmental Coordination and Capital Improvements elements are included with the proposed amendment package. The level of service for public schools facilities is included in the Capital Improvements Element as well as a summary of Lake County Schools' capital improvements program and summary of estimated revenue. The proposed Public Schools Facilities Element and related element changes will serve as a guide for the City in its review of future development proposals and their impacts on local schools. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Staff recommended approval of the amendment. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept Ordinance 609-M; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance 6I0-M -Final Hearing City Clerk Ackroyd read Ordinance 610-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 Waste Pro of FL, 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. Mayor Turville opened the public hearing. Wally Herda, 1109 Hampton Street, inquired about the collection hours. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 610-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote. Ordinance 611-M -Final Hearing Mayor Turville read Ordinance 611-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 David Littiken Plumbing, Inc., 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. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Ordinance 611-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". NEW BUSINESS Variance Request -Schmid Jim Hitt, Planning Director, reported on the request for a variance for a high rise sign within 1,000 feet of a residential district. Staff recommended approval. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Jimmy Crawford, Applicant, was present and requested approval of the variance. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Mullins inquired if is necessary to be a lighted sign. Jimmy Crawford commented this was subject to the same requirements as the City lighting requirements and homes cannot actually see the sign as the location is behind Outback Steakhouse. Council Member Goodeame moved for acceptance of the variance for Schmid; seconded b_y Council Hogan. The motion passed 4 to 1 on a roll call vote with Council Member Mullins opposing_ Developers Agreement -Bella Terra Jim Hitt, Planning Director, presented the Developers Agreement amendment. Applicant, Rick McCoy, was present and available for questions. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 Sh Street, questioned only having one entrance and exit in the development. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of the Developers Agreement; seconded by Council Member Goodgame. The motion passed with all members present voting "aye„ JPA Review -Honda Mayor Turville explained the City does not have jurisdiction, the location is under Lake County's authority. The City will review the request and forward recommendations to Lake County. Jim Hitt, Planning Director, commented Lake County would hear the rezoning request on November 25, 2008. The City did grant a utility agreement on July 8, 2008. Staff does consider the site plan to be consistent with the commercial land use approved in the JPA. Parking is not allowed in the landscape buffer area right-of-way. There is a requirement for a masonry wall on the southern side and no outdoor amplification systems. Outdoor lighting specifications are in excess of City of Clermont Code. Mayor Turville opened the public hearing. County Commissioner Elaine Renick commented she will distribute the meeting minutes to the County Commissioners. Gail Harris, Jefferson Street, commented on concerns regarding forced connection to the City water supply and underground fuel tanks located within 25 feet of a well head. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Cuqui Whitehead, 837 5`h Street, opposed seeing a car lot when coming into Clermont from the turnpike. Anita Geraci, Attorney for the applicant, presented the rezoning request. The proposed use will consist of auto sales, offices, an automotive area and a small car wash area. Hours of operation are not finalized, but would be similar to other auto sale businesses. There will not be any parking in the right-of-way and everything will be behind a 20 foot landscape buffer. All setbacks comply with the Land Development Regulations and the south boundary wall will be six feet high. The proposed building setback will be 250 feet from the right-of-way of Jefferson Street. The well and fuel tank location were issues that had been discussed at a neighborhood meeting and the dealership has agreed to move the fuel tank. Architect Tony Jimenez commented the lighting for the parking area exceeds City code and after business closes for the night all lighting on site will be reduced by fifty percent. Shannon Elswick, 12903 Magnolia Pointe, stated he has written the County Commission asking that all agreements regarding the site be placed in the ordinance. Doris Powel, Jefferson Street, commented when they moved here the site was orange groves and she was opposed to the proposed rezoning. Tim Jenkins, 17706 Jefferson Street, has lived there 15 years and was not in favor of the proposed request. Al Kenline requested the stipulation, if the rezoning passed, include that it can only be for a Honda dealership. Mayor Turville re-iterated the City has a Joint Planning Area agreement with Lake County that allows the City to comment on what they propose to do. The final decision will be determined by Lake County. City Manager Saunders stated the City has never forced hookup to City water or sewer and the City has already agreed to provide utilities to the site regardless of the type of use. Council Member Thompson inquired where the proposed fuel tank would be relocated and questioned the area marked for car repair that is separated from the service area. The area where the tank will be relocated was pointed out on the site plan. Anita Geraci commented the only repairs would be transmission repairs, not any collision repairs. Council Member Goodgame requested a stipulation stating no cars will be unloaded after 7:OOpm. Anita Geraci stated it would be stipulated for unloading only during the day time. Council Member Goodgame inquired about a sidewalk on Honda's side of Jefferson Street. Ms. Geraci commented there were no plans for a sidewalk. Council Member Mullins questioned if the wall would be seen by the neighbors. Anita Geraci stated there would be a twenty foot landscape buffer between Jefferson Street and the wall. Council Member Thompson questioned if the lighting on the back side would be off after hours. Mr. Jimenez stated lighting at the property line would be 0.1 foot candles and the City will be provided documents showing the specifics of the lighting plan. After one hour of operation, the lighting will be turned off. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 City Manager Saunders commented the County Planned Unit Development (PUD) would need to contain the specific items, regardless of what the City recommends. City Manager Saunders commented on two questions the City Council needed to act on, the request to amend a PUD to allow for an additional use and does the Council think it is appropriate to amend the PUD. In addition, if the PUD is to be amended to allow for this use, what should be considered by Lake County for this type of use. Council Member Goodgame moved to recommend approval amending the PUD for the proposed car dealership contingent upon it is only for a Honda dealership use; the building will be a platinum green building; there will be no outdoor PA system; the underground fuel tank will be 250 feet from any potable wells; they will follow Clermont landscape requirements; there will be no delivery of vehicles or parts before lam or after 7pm; there will be a 20 foot landscape barrier along Jefferson Street accompanied with a six foot wall behind it; there will be no maintenance or servicing of vehicles outside the building; the lighting after hours will be reduced by 50%; the lighting is to be in accordance with the exhibit and specifications; the operating hours are lam and no sales or servicing of vehicles after 9 pm; seconded by Council Member Mullins. Council Member Mullins questioned if there was a problem with the type of vehicle they sell. Council Member Goodgame agreed to amend the motion and withdraw the Honda name. Council Member Mullins requested the motion include no idling vehicles while waiting to make deliveries. Council Member Good ag me agreed to amend the motion to include no idling vehicles while waiting to make deliveries. City Manager Saunders commented there may be a loophole regarding the lighting design specifications as the City has not reviewed the lighting specifications and suggested adding to the motion for the project to meet the City's standard light specifications. Council Member Thompson requested the motion include the wall being six foot measured at the crest of the road. Council Member Goodgame amended the motion to include the wall must be six foot measured at the crest of Jefferson Street and lighting must meet City of Clermont requirements. Council Member Hogan mentioned ownership of the land and asked if they did own the land. Anita Geraci stated the land is under contract with a scheduled closing of December 4. The motion passed with all members present voting "aye": City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 JPA Review - G & A Real Estate of Davie, Inc. Jim Hitt, Planning Director, reported on the JPA review. This is a request to allow some C-1 and C-1 commercial uses within the Planned Commercial District, including but not limited to automobile sales and service. The rezoning is consistent with the commercial land use approved in the JPA map and agreement. Staff has had one preliminary meeting for a possible Nissan dealership. The applicant has not applied for a utility agreement at this time, but has the information. A site plan would also need to be reviewed for consistency with the JPA. Chris Roper, Attorney for Akerman-Senterfitt, commented the project was adjacent to an existing Dodge dealership to the west. The owner does not have a utility agreement, but one will be forthcoming. The end user will have a chance to work with staff on a site plan. Scott Kauffman is the broker and the representative of the owner. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`'' Street, questioned having another dealership. Mayor Turville closed the public hearing. Planning Director Hitt noted the property has a severe drop off from Highway 50. Staff has discussed the City's cut and fill requirement with them noting there are limitations. City Manager Saunders commented the City has not seen a site plan. Mayor Turville commented they would need to include a notion to adhere to the City's cut and fill ordinance. Council Member Goodgame recommended approving subject to site review of the drawings. City Manager Saunders recommended there not be auto uses until a site plan is produced. Council Member Thompson commented it is being sold to Nissan. Chris Roper stated the current owner has the parcel under contract to Nissan. The site plan would be user dependent. Council Member Mullins moved it is premature to consider changing their zoning without seeing a site plan; seconded by Council Member Thompson. The motion passed with all members present voting "aye. Ordinance 362-C -Introduction Mayor Turville read Ordinance 362-C aloud by title only. An ordinance adopting and enacting a new Code for the City of Clermont, Florida; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this Ordinance shall become effective. Council Member Goodgame moved for introduction of Ordinance 362-C; seconded bX Council Member Thompson. The motion passed with all members present voting "aye". 10 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 2008 Ordinance 363-C -Introduction Mayor Turville read Ordinance 363-C aloud by title only. An ordinance of the City of Clermont amending Chapter 22, "Cemeteries", of the City Code by amending Section 22-6, "Records of Ownership" renaming the section "Restriction on Transfer and Conveyance; Records of Ownership" and creating a new Section 22-6 (1) Providing that no owner of a lot or burial space shall transfer or convey same without the consent of the City; that the City shall have the right to pay no more than the original price of the lot or burial space; and renumbering the balance of Section 22- 6; providing for severability, conflict, effective date and codification. Council Member Mullins moved for introduction of Ordinance 363-C; seconded by Council Member Goodgame. The motion passed with all members present voting"aye". ADJOURN: With no further comments, this meeting was adjourned at 10:14pm. APPROVED: F „ '-.~T~ES'lcr Tracy Ackroyd, ity Clerk .. ~_ l .'~ ro d S. Turville, Mayor 11