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02-27-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, February 27, 2001 at Jenkins Auditorium. Mayor Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Biddle, MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Finance Director Van Zile and Deputy City Clerk Studdard. Mayor Turville acknowledged the presence of Richard Langley and Gerald Smith and introduced them. INVOCATION The Invocation was offered by Council Member Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the Council Meetings held January 23, 2001 Februar~ 13, 2001. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that a meeting occurred on February 26, 2001 between the City and Lake-Sumter Emergency Medical Services to begin the process of establishing the City Fire Department as a part of the Lake-Sumter Emergency Medical Services. This would make Clermont the first responder with Advanced Life Support. The meeting was a success and the City is waiting for approval. Mr. Saunders stated that he had received statistics reflecting that the Clermont Police Department had a 47% clearance rate for last year, which was outstanding compared to the state and national rate. It also received a 47% rating on stolen property recovery. City Manager Saunders gave an update of the Center Lake project. He stated that the City is proceeding with the permit process for the muck removal and that there is an average of seven feet of muck. Mr. Saunders stated that there would be a meeting with the Department of Environmental Protection next week and that local contractors have expressed interest. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 2 City Manager Saunders also stated that he had hoped to introduce the St. John's River Water Authority model ordinance at this meeting that would outline enforcement of water regulations but that he had just received the final draft of this ordinance today and the City Attorney has to review it, nor has it been advertised. FINANCE DIRECTOR VAN ZILE No report. CITY ATTORNEY GUTHRIE No report. COUNCIL MEMBER RENICK Council Member Renick stated that there was a need to update all fliers that Public Services employees hand out regarding water restrictions because old information had been received this week by a resident. City Manager Saunders stated that he was aware of this mistake and had thought all fliers had been updated. COUNCIL MEMBER MACLAUCHLIN Council Member MacLauchlin stated that she had attended the groundbreaking ceremony for the new high school today and praised the efforts of the School Superintendent and the School Board. COUNCIL MEMBER BIDDLE Council Member Biddle agreed with Council Member MacLauchlin and commended School Board Chairman Gerald Smith and J!mmy Conner for their hard work and effort. Mr. Biddle then gave an update of the Downtown ongoing and upcoming events. He stated that tomorrow 100 Model T cars will visit the downtown area between 11:00 a.m. and 2:00 p.m. He welcomed everyone to come down and see them. He continued by saying that the State Resource Team had visited downtown and met with Main Street Program and City officials last week. The meeting was a success and the Resource Team gave its recommendations. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 3 Mr. Biddle reported that the Main Street Program will hold its first golf tournament on St. Patrick's Day at The Legends Golf Course followed by the St. Patrick's Day party downtown at the Pier House Restaurant. Mr. Biddle invited everyone to participate. He also stated that Mr. Phillip Wisely will be downtown Thursday to go over Historic Preservation issues. Mayor Turville asked City Manager Saunders for an update on the construction of the two new fire stations. City Manager Saunders stated that there was a meeting today on Fire Station #1 and the City was given a 3 week projected move in date. He also stated that there had been a final walk through inspection of Fire Station #2 this week with a short punch list that should be completed by the end of this week. They hope to move in sometime next week. MAYOR TURVILLE Mayor Turville stated that several City officials attended a very productive workshop with the County Commission for Joint Planning last Friday and he hopes that this process will bring about successful joint efforts. Mayor Turville then explained that the proposed inclusion of the City in the Lake Sumter Emergency Medical Services provides faster response to citizens of this area and the City will receive. 1 mil. of the millage that the county is currently collecting for this service. He asked for public support of this venture. Mayor Turville stated that the City of Clermont had just received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Mayor Turville then presented an Award of Financial Reporting Achievement to Joseph Van Zile,, as well as a plaque commemorating this Award. No other reports. CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item No. l-Bid Award: 1011 4th Street Demolition Item No. 2-Final Plat Approval South Lake Forest CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 4 City Manager Saunders gave a brief explanation of the 1011 4th Street demolition at the request of Mayor Turville. A motion was made by Council Member Biddle, seconded b~ Council Member Mullins, and carried unanimously to approve Items One and Two Of the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 412-M - Final Reading Mayor Turville read Ordinance 412-M by title only and requested that Planning Director Barry Brown provide an explanation. Planning Director Brown stated that the applicants, Mr. And Mrs. Adams, are requesting a small scale comprehensive plan amendment to change the future land use designation of Lot 12, Block 79, from District NED-2 to EBD-1 and gave a general location of the property. He stated that the property owners would like their lots to be designated the same in order to develop them together. Staff recommends approval. Mayor Turville asked if anyone wished to speak on this issue. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 412-M. Ordinance No. 304-C - Final Reading Mayor Turville read Ordinance 304-C. Finance Director Van Zile explained that in 1999 The Florida Legislature made changes to Chapters 175 and 185 pertaining to Police and Firefighters' Pension Plans. In order for the City to continue to receive State insurance tax monies that come with both of these retirement plans it is important for the City to adopt new pension plans that are in compliance with these revised chapters. Mr. Van Zile stated that the primary changes are that there is an additional retirement option available based on age 52 and after 25 years of service, and the benefit reduction percentage for early retirement has been reduced; therefore allowing for a greater or higher retirement CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 5 amount. Both ordinances have been reviewed by our Police and Fire Pension Boards and have been recommended by them as well as Staff. Mayor Turville asked for any other comments or questions. A motion was made by Council Member Mullins~ seconded by Council Member MacLauchlin, and carried unanimously to adopt Ordinance 304-C. Ordinance No. 305-C - Final Reading Mayor Turville read Ordinance 305-C. Finance Director Van Zile stated that the same explanation applies as for Ordinance 304-C. Mayor Turville asked for any other comments or questions. A motion was made by Council Member Biddle, seconded by Council Member Mullins , and carried unanimously to adopt Ordinance 305-C. NEW BUSINESS South Lake Center Request for Water & Sewer Mayor Turville stated that a letter had been received requesting that the City provide sewer and water service to the property located at the southeast comer of U.S. 27 and Hartwood Marsh Road. City Manager Saunders stated that the Council reviewed this request previously at a workshop meeting and that the property is currently going through the approval process with Lake County for a small commercial subdivision. The applicant, Thomas Vincent, is requesting that the City provide water and sewer service to the site. Mr. Saunders stated that this property is in the City's adopted Chapter 180 utility area and that utilities are provided across the street to the north as well as to the west of the site. City Manager Saunders stated that Staff recommends approval of the request with the condition that an agreement be entered into that would be brought before the Council at the next meeting regarding future annexation of the property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 6 City Attorney Guthrie stated that this request is a policy application, not a quasi-judicial hearing. Thomas Vincent of Halverson Development, the applicant, spoke on behalf of the project and stated that City Manager Saunders' explanation was correct. He gave an update of the status of the ongoing process with Lake County. Mayor Turville asked Mr. Vincent if he had other parcels not being permitted at this time that will come before the Council at a later date. Mr. Vincent stated that was correct. Mayor Turville asked City Manager Saunders if the county commercial development codes differ significantly to the City codes. City Manager Saunders stated that he did not believe there were any significant differences between the codes. Mr. Saunders stated that the City did not wish to have Mr. Vincent go through the whole approval process again on the current project, therefore the Annexation Agreement would state that the one site currently under review at the County could be approved by the County but any others would have to come before the City Council. Mr. Vincent agreed with that. Mayor Turville asked if anyone wished to speak on this subject. Terry Pitt asked if there was a future plan to widen U.S. 27. City Manager Saunders stated that he did not believe there was currently a plan to require additional right of way. He further stated that a driveway connection permit must be acquired from the Florida Department of Transportation. Council Member Renick stated that, after discussion with the involved county organizations, she found that Mr. Vincent would have to give up a large portion of land for a septic tank as well as incur a great deal of cost. She stated that 'she did not feel that the county was in a hurry to approve this project and that if the City did indeed provide the water and sewer it would be responsible for allowing development on the other side of Hartwood Marsh Road. She stated that she did not wish to see commercial development in that area. She stated that the Lincoln Groves annexation had originally occurred because the City had thought it would be a school site and that allowing this development would be adding to the mistake. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 7 Mr. Vincent stated that there is a Publix across the street with water and sewer fi:om the City, but that the development can get these services by other means if necessary. He distributed copies of a letter fi:om Lake Utilities regarding providing water fi:om the other side of U.S. 27 and stated that this method would be a little more expensive, but could be done. He further stated that the sewer could be permitted with a septic system. Council Member Biddle asked if the development would meet the City's landscaping requirements. Mr. Vincent stated that it would. Council Member Biddle stated that the reques{ tonight was for provision of water and sewer only, not annexation. City Manager Saunders stated that was correct, ~ontingent upon the Developer Agreement that will be coming before the Council if it votes to provide services. Council Member Biddle stated that he shares Council Member Renick's concern regarding taking development further south but feels that there are engugh septic tanks in South Lake County. He stated that as there is service already established'across the street it would not be wise to deny service and if sewer is provided it would be beneficial to the City to also receive the funds for providing water, rather than a private utility receiving them. He concluded by stating that it seems only fitting to provide service since everyone else on that corner is already receiving City water and sewer service. Council Member Renick stated that it was unknown at this time whether the project will go through without water and sewer. Council Member Biddle stated that he felt the project would be provided with water and sewer somehow. Mayor Turville stated that he felt Council Member Renick's point was whether the City wished to involve itself in moving development further south on U.S. 27 or east on Hartwood Marsh Road. Council Member Mullins stated that if the water and sewer are already supplied on Hartwood Marsh Road, it makes sense to supply it to both sides of the street but that he has no problem stopping commercial development past the south side of Hartwood Marsh Road. He stated that he does not like the idea of the developer spending extra money to install sewer when the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 8 service already exists from the City there nor does he like having duplicate servers to that area, therefore he has no problem servicing both sides of Hartwood Marsh Road with no more service south on U. S. 27. Mayor Turville asked Council Member Mullins if he was stating that he did not want further development south of this location. Council Member Mullins stated that was con'ect. Mr. Vincent pointed out that this location is already zoned commercial, is at an intersection and will be developed. He stated that he felt the City would be better off to provide service in order to retain some measure of control as to what develops there. Council Member Renick said to Council Member Biddle that she felt the Council had made progress on Friday in deciding to do some long range planning and eliminating the piecemeal type annexation. She stated that the Council should wait the 90 days until they knew what the Joint Planning results are and not do any annexation in the meantime. City Manager Saunders stated that the Joint Planning Area is extremely important but' it is fair to say that this area will be in the City's Joint Planning Area once it is adopted since it is adjacent to the current city limits and there a.r.,e city limits south of this site. Mr. Saunders stated further that the whole purpose of the Joint Planning Area is to identify areas outside of the city limits that can have Joint Planning and that under the county's future land use this type of development is allowed. City Manager Saunders stated that he feels if the City decides not to provide water then Lake Utility Services will extend their lines across to accommodate this new site, and that Lake Utility Services are ready, willing and able to expand around the City to prevent the City from expanding its lines. Council Member Renick stated that she felt that the only reason the Council was considering this site as commercial instead of rural was because the Walgreens had been approved in the area. She stated that she had found out just today that the Walgrcens had not met the county's criteria for a commercial site but that the City Council thought that it had and therefore kept control of it. Ms. Renick stated that the argument now is that since the Walgreens is there the City should allow commercial on the other comer. She stated that she did not feel that the City should compound their past mistakes by adding to the commercial in the area. Council Member Biddle stated he did not feel that any mistakes had been made and that he did not appreciate the implication as such. He stated that he concurred with City Manager Saunders statement that this site is a commercial comer and cannot be changed, therefore it is CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 9 just a question of whether the City controls it or not and that, regarding the JPA, the issue will come back to the Council eventually. A motion was made by Council Member Mullins, seconded bp Council Member Biddle, and carried b¥ a four to one vote, with Council Member Renick being the opposing vote, to approve the Request for Water and Sewer for the South Lake Center contingent upon the upcoming Annexation Agreement. Council Member Renick commented that the letter from Lake Utility Services that Mr. Vincent distributed to the Council Members states they will provide water only, which reinforces her point that Mr. Vincent will not be able to obtain septic. Council Member Biddle stated that there is an issue regarding Publix coming up on the agenda which he believes a great deal of the public was there to hear, and if the South Lake Center does not get annexed these people would have to go to the County Commission Meetings to discuss issues regarding this area, which would not be as accessible to these local residents in many ways. Mayor Turville stated that he understood the consensus of the Council was that there should be no more development south on U.S. 27 south of Hartwood Marsh Road. Resolution No. 1180 Mayor Turville read the Resolution by title only and asked Planning Director Brown To describe the request. Planning Director Brown stated that the applicants, Bart and Karen Sutherin, are requesting a Conditional Use Permit to allow the construction of a day'care facility on Lots 6 & 7 of Clermont Commons Business Park. The future land use district is UD5- Industrial and the zoning is M 1- Industrial. Staff recommends approval. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Bob Shaker, 230 Mohawk Road, representative of the owner, stated he was present to answer questions, if necessary. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 10 Bart Sutherin, 360 Mohawk Road, the applicant, stated that he was also available to answer any questions. Mr. Shaker stated that the day care facility will be located on the edge of the project in order to have easy access. Council Member Biddle asked if the landscaping was adequate as a buffer for the residential area. Mr. Shaker stated that it was already in place and had some maturity. ,4 motion was made bp Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimousl~ to adopt Resolution No. 1180. Resolution No. 1181 Mayor Turville read the Resolution by title only. Planning Director Brown stated that the applicant, Thomas Vincent, requests to amend the existing Conditional Use Permit to provide different access to the out parcels fi.om the parking lot driveway. At the time of the original Conditional Use Permit there was not adequate deliberation of the out parcels and it was decided that each of the out parcels would share a driveway access with the addition of a right in/fight out drive fi.om parcel 4 to Winsley Street. Mr. Brown stated that the Planning & Zoning Commission recommended approval with the exception of changing the right in/right out to a right in access only since Winsley Street would not be a through street but a dead end. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Thomas Vincent, 9133 N.W. 52"a Court, Coral Springs, FL, the applicant, spoke regarding the request and stated that the amendment to the drives was a better plan because of the alignment in relation to the internal drives and fire lanes. C.W. Graves, 4218 Chamberlain Way, spoke on behalf of the residents of the Whitehall community of Kings Ridge against allowing the right in drive from Winsley Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 11 Council Member Mullins asked Mr. Graves if the concern was the traffic between U.S. 27 and the access road or the traffic between the access road and the houses. Mr. Graves stated that his concern is all the traffic because it was his understanding that Winsley Street would not be used as an entrance to the shopping center. City Manager Saunders stated that the request was not to change the use or access of Winsley Street. The current Conditional Use Permit already allows for the right in/right out. Planning Director Browfi stated that this is the drive that Planning & Zoning had recommended making a right in. entrance only since Winsley was no longer planned as a through street. Council Member Renick asked if, since other changes are being made at this time, could an amendment also be made to cover this. Planning Director Brown stated that it had always been the intention of Staff to make this drive the major access from northbound U.S. 27 since Winsley Street had originally been intended to go all the way through, but that the developer had been allowed to close that off. Mr. Brown stated that if access is not allowed from this street then some right ins will have to be allowed offofU.S. 27 into the out parcels. Council Member Mullins then stated that it was his understanding that there was no access through to Kings Ridge from Winsley. Planning Director Brown stated that was correct and that there was another commercial parcel north of Winsley with a need to be served. Mr. Vincent stated that the right in only access that Planning & Zoning had recommended should actually read as a right in/left out in order to release the traffic from parcel four instead of congesting other areas. Duane Booth, Farner, Barley & Associates, 350 Sinclair Ave., Tavares, engineer for the project, stated that Winsley Street was now a dead end and that there is a commercial tract to the north on Winsley. Mayor Turville asked Mr. Graves if his concem was for the future residents adjacent to Winsley Street at the shopping center entrance. C~rT¥ OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 12 Mr. Graves stated that was correct and that those homes would deal with high traffic at what the residents of Whitehall at Kings Ridge had assumed would be an exit only. Mayor Turville stated that the proposed plan is better than what was in place. Dr. Robert Milkman, 2123 Braxton St., stated that, being on the same Board as Mr. Graves, he recalls allowing a drive out only from the shopping center onto Winsley Street to U.S. 27. Frank Caputo, 3917 Scarborough Ct., stated that the new Conditional Use Permit requests five driveways as opposed to the one in place having four. He spoke regarding his opposition of the additional driveway at Lot 1 due to its close proximity to Hartwood Marsh Road and a possible traffic problem as a result. Mayor Turville closed the public hearing at this time. Mayor Turville asked Mr. Caputo how many Kings Ridge residents he thought would use the intersection at Hartwood Marsh Road. Mr. Caputo stated, since Hartwood Marsh would be the only way they could come in, he thought it would be a fair amount but that carts could come in at Danbury Mills. He stated that he felt the drive at Winsley should be a right in only, not also a left out as Mr. Vincent requested. Council Member MacLauchlin asked if it would help at the Lot 1 drive to make it an exit only (right turn) with no entrance there at all. Mr. Caputo stated he felt any traffic at that particular location was bad, but that would be better. Mayor Turville asked Planning Director Brown how may feet of stacking capacity there was between the entrance Mr. Caputo referred to and the one at Hartwood Marsh Road. Planning Director Brown stated there is 120 feet from the middle of the driveway to the intersection. Council Member Mullins stated the access at Winsley was already set and that the recommendation of Planning & Zoning was to make that a right in only, therefore the concems addressed did not relate to this. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 13 Mr. Vincent stated that all issues of this shopping center were discussed with the homeowners and that the discussion that occurred regarding the access at Winsley Street never included the possibility of restricting that drive in any way. He stated that he feels the confusion lies with the track issue and how they would come in and out. Mr. Vincent stated that the reason the access at Lot 1 was at that particular location is because they originally had it closer to Hartwood Marsh Road to align with the parking aisles, but Planning & Zoning Staff recommended they move it back to allow for stacking. He further stated that the 120 feet only starts at the right of way line and that there is still room for a couple more cars after that and that the traffic will flow continuously. Mayor Turville asked what business was proposed for this location. Mr. Vincent stated that it had been a 7-11, but that it had not gone through due to inadequate access, which is why they had come back to amend the drives rather than wait to do it when a business decides to go in again; but there was not anything proposed right now. Mayor Turville stated that he had concern regarding traffic backup at the drive discussed by Frank Caputo, particularly if it became a convenience store location and because traffic might not be aware of other drives available to the site. Mr. Vincent stated that this particular turn lane is an exclusive right turn lane that either the City or the County required and that he did not foresee a large amount of stacking at that entrance to the shopping center. Mr. Caputo stated that 20 to 25 stores, not including the out parcels, could very easily create the kind of traffic that the Mayor is concerned about. Council Member Renick asked Mr. Vincent if he is requesting these changes in order to market to higher volume users. Mr. Vincent stated that he had no ulterior motives in this request and the whole idea had been to make the plan better, but that it could be left as is and they would live with what they had if the Council felt otherwise. Council Member Renick stated that she had asked because she wanted to know what types of uses he had planned for the site. Mr. Vincent stated that Publix has expressed an interest in installing a new, experimental convenience store. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 14 Council Member Biddle asked the location of new homes in relation to Winsley Street. Planning Director Brown showed that on overhead display. Council Member Renick asked if the truck traffic would use the Winsley Street access. Mr. Vincent stated that in order to load the store properly the primary access is offHartwood Marsh Road. Council Member Biddle asked for clarification of the drive at Winsley Street. Planning Director Brown stated that it should be a full driveway access and the traffic will be allowed as a fight in/left out because of the dead-end road. Mayor Turville voiced concern about stacking capacity in relation to getting on U.S. 27 fi:om this access. Council Member Biddle stated that the traffic could stack back into parking lot because that was the only place traffic would come fi:om. Council Member Renick asked Planning Director Brown if the Council would have more control on a user to user basis regarding these out parcels if it turned down this request tonight and waited for them to come back versus granting these changes tonight and possibly allowing users to come in without the need to come back before the City Council to request any needed changes. Council Member Biddle stated that gas stations/convenience stores, restaurants, etc. all have to come back to the Council anyway because they require a Conditional Use Permit. Council Member Mullins stated that this plan is for four sites and if this isn't approved tonight then every time a site is sold the Council will have to decide on driveway issues which results in spot planning instead of master planning. Council Member Renick stated that the Council is not looking at a master plan because it doesn't know who all the users are. Council Member Mullins stated it is a traffic plan. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 15 Council Member Renick stated she would like to know how high volume the comer at Hartwood Marsh Road will be, dependent upon who the user is, and thinks it wouldn't be a big problem to have them come back on a parcel to parcel basis. City Manager Saunders stated there is access on the other side of the drive aisle every 65 feet and that there will be a lot more traffic entering and leaving the drive aisle on the other side of the road than from the four accesses proposed to the out parcels. He further stated that this is internal cimulation routing that the developer is working on with their site planners, traffic analysts, etc. and that they are not going to build anything to negatively affect their business. He stated that the Council should concentrate on how to get in or out of the site but once in, it is more the developer's responsibility and that this plan has much less traffic from the out parcels than what is on the other side of the road. Mayor Turville stated that he felt a potential buyer of one of these out parcels may come before the Council to request changes to these drives. City Manager Saunders stated this request was generated because once the project got further along the original plan was not adequate. Mr. Vincent came to Staff and asked how to come up with a better plan for internal access to the out parcels and this request is the culmination of those discussions between Staff and Mr. Vincent. He stated that a specific user may indeed come back with a new request and a convenience store or restaurant would have to come back anyway, but that the idea was to have a fairly good plan in 'place that had been thoroughly looked at so that the user could build their site around it. Mr. Vincent stated that the two driveways on out parcel one will not affect who buys that site. He stated that the driveways relate to the success of how the intemal driveways work. .4 motion was made bp Council Member Biddle, seconded bp C~>uncil Member Mullins, and carried bp a vote qf three to two to adopt Resolution No. 1181 as amended to allow for a full driveway at Winsle¥ Street, with Mayor Turville and Council Member Renick being the opposing votes. Resolution No. 1186 Mayor Turville read the resolution by title only and asked Planning Director Brown to explain the request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 16 Planning Director Brown stated that this request is for a Conditional Use Permit for a Planned Unit Development for a Mixed Use Development known as Lost Lake Reserve and that the applicant is Lost Lake Reserve LC. Mr. Brown gave the general location of the property and stated that the total acreage is approximately 425 acres. Mr. Brown stated that on September 24, 1999 the development entered into a Preliminary Development Agreement with the Department of Community Affairs to allow development of the portions of the development that are not zoned commercial prior to the DRI approval. He stated that the property will be in the UD9 Land Use District and that the existing zoning is R1 Residential. Mr. Brown explained that Lost Lake Reserve is a Mixed Use Development consisting of residential, commercial, professional office and recreational land uses. Mayor Turville opened the public hearing at this time. Mayor Turville asked all who planned to speak to stand and be sworn in and then give their names and addresses prior to speaking. Finance Director Van Zile swore in those standing. Cecelia Bonifay, legal representative for the applicant, spoke on behalf of the project and stated she would address issues after the public had spoken. City Attomey Guthrie asked Ms. Bonifay if the conditions that were made tonight would be seen by the DCA. Ms. Bonifay responded that it is not required but they would keep DCA apprised of any conditions. City Attorney Guthrie stated that a condition should be added to allow the City the right to modify conditions of development. Robert W. Smith, 17204 Fosgate Road, Montverde, spoke at length regarding the CDD (Community Development District) form of financing for roadways and voiced strong opposition to it. Mayor Turville spoke regarding the controversy over CDDs. Nancy H. Fullerton, 368 Montrose St., Clermont, spoke on behalf of the Save Our Lakes Committee and requested an update of the restoration of Eagle Lake and Lake Felter due to actions of the previous developer in 1999. Ms. Fullerton also spoke regarding the grading and asked who would provide water and sewer to this project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 17 Ms. Fullerton then spoke as a resident and stated that she felt this project should go forth with the proper conditions and asked how zoning was being decided. Jim Legge, 13211 Paloma Road, requested information regarding the sizes of the extensions of Citrus Tower Boulevard and Steve's Road in this project. Mr. Legge' also asked if he would have driveway access to either road and if a buffer would go in between this project and his property. Gerald Smith, 706 Sunset Cove Dr., requested that the City Council carefully consider the CDD option and stated that he felt it could be a good thing for South Lake with the proper restraints. Ms. Bonifay addressed the restoration of the lakes and requested Mr. Saunders speak before the applicant. City Manager Saunders stated that on page 4, section 3, item no. 3 of Resolution 1186 it states that the Eagle Lake restoration plans have been submitted to St. Johns River Water Management District in accordance with the consent order issued by St. Johns River Water Management District. In accordance with the consent order of Eagle Lake, restoration must be completed prior to development north of John's Lake Road. All activities in the flood plains and wetlands require permit. Mr. Saunders stated this means no development can take place north of John's Lake Road until restoration is completed to the satisfaction of the St. Johns River Water Management District. Harry Lerner, 2901 West Busch Boulevard, Tampa, the applicant, stated that the consent order requires restoration along the edge of Lake Felter and that work is now complete but that some replanting will be required due to the drought. He further stated that they had submitted a plan for planting at Eagle Lake and will be meeting with St. Johns River Water Management District soon to discuss cluster plantings versus total area coverage plantings. Ms. Bonifay addressed concerns of the public and began by stating that the City will supply the utilities for the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 18 City Manager Saunders stated that the 1100 residential units in this project are part of the total of 6400 homes that have been discussed now for several months and that have been used in the City's projections regarding capacity needs. Mr. Saunders stated that there are three new wells in this year's budget for additional capacity and that this project was a part of the overall planning for the additional wells. He further stated that one of the conditions of the Conditional Use Permit for this project requires that a well site is provided to the City for an additional well in the future. City Manager Saunders stated that the zoning issue is not your typical 'rezoning' in this case but that a PUD is a zoning classification that identifies the uses in that area. Ms. Bonifay addressed Ms. Fullerton's question by stating that the project currently is R1 and an Annexation Agreement was given by the City with commercial on U.S. 27 being allowed at that time. She stated that they would be looking at the whole unit versus each given use. Mayor Turville stated that discussion would delve into various aspects of the project as well and that, in response to Ms. Fullerton's question, the Council could either deny the request, table it, make amendments to it or approve it as is. Ms. Bo~ifay stated since that Mr. Legge's property does appear to connect to the project but is in the general area she feels he will need to contact the county regarding the county maintained roads, but that Citrus Tower Boulevard would be a divided four lane roadway and Steve's Road would be a two lane roadway within the boundaries of the project. She stated that no buffer was planned and that the availability of access for Mr. Legge to one of these roads would be dependent upon where his property lies in relation to the new roadways within the boundaries of the project. Council Member Renick stated she understood that they were allowed four residential units per acre if they did not violate the grading ordinance but there were a number of areas in this project that she felt were in violation of the ordinance with fill of up to 25 feet. Ms. Bonifay stated that certain areas of this project were well under way prior to the grading ordinance being put into affect and that a final grading plan must be submitted for each phase of development. Rick McCoy, McCoy & Associates, 713 W. Montrose St., addressed the grading issue by stating that line of sight for the roadways is the big reason for the cut that has occurred (up to 25 feet) and that the roads will continue to dictate cut and fill (also up to 25 feet). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 19 Mayor Turville closed the public hearing at this time. Mayor Turville stated the language regarding gopher tortoises should be changed to insure that relocation occurs if at all possible rather than a take permit being obtained. Mayor Turville talked about the time periods involved to complete the road and the enhancement of time with CDD versus without. Harry Lemer stated that the project cannot go beyond the PDA unless Citrus Tower Boulevard is connected to Hook Street, therefore they will get that done as soon as they have commercial interest. Mayor Turville stated that 6 years is not an acceptable time period to get the roads.completed without CDD or County funding and asked the applicant if the number of years could be reduced. Mayor Turville commented to City Manager Saunders that he did not think anyone on the council anticipated the 6 year time period to get the roads completed. City Manager Saunders responded that Staff really didn't think there was a need for any number there because he doesn't feel it will apply. Mr. Saunders stated that since nothing can be done past the PDA until the road is completed they did not see a need for that road with only those residential areas being built. He stated further that requiring that Citrus Tower Boulevard be built 'all the way to Hook Street for just that part of the development went beyond what was demanded by just that PDA development and that Staff felt comfortable with the road being built in phases as the residential development continued as would happen with any other residential project until such time as commercial came about. Mr. Saunders stated that Staff anticipates the road progressing at a fast pace during this development and that this is the number one project on the County's list right now. City Manager Saunders stated that all references to 'Without CDD' should be changed to 'Without CDD or without County funding' and that this should apply to Citrus Tower Boulevard and Steve's Road. Council Member MacLauchlin stated that on page 8 the section regarding improvements not being completed prior to the 18-month period should be changed to by the end of the 18- month period. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 20 Mayor Turville asked if the 6 years to completion of the roads without CDD or County funding could be changed to 4 years. Council Member Biddle stated the City would have to work with the applicant to allow some leniency outside of the PDA in order to get the roads constructed sooner. City Manager Saunders stated that the roadway connection will be made as soon as the fight of way is there because of the conditions in place not allowing any commercial development until then, and that the commercial aspect of this development is the most important to the developer. Mr. Saunders suggested that four years could be agreed upon and, if a problem arose at a later date, it could come back before the Council for an amendment request if the Council saw there was not a need for the roadways at that time. Mayor Turville stated that this issue would continue after a 10 minute break to allow the developer time to consider the options. After the break, Mr. Lerner stated that he would be willing to change the projected number to 4 years but strike the words 'and the portion from the southern boundary to U.S. 27' from page 4, and on page 9 change the earthworks, ballfields and rest'rooms being in place before the issuance of the first Certificate of Occupancy to before the 25th Certificate of Occupancy. City Manager Saunders outlined the changes to be made: 1) 2) 3) 4) To be added: Section 11 - DRI Development Order Issues As to the real property subject to the Preliminary Development Agreement (PDA), these conditions of development shall govern to the extent development actually occurs, but the City reserves the right to modify any conditibns of development on the property as a part of adoption of a Development of Regional Impact Development Order by the City Council. Page 4, Section 3, #2, change the second sentence to read,' If relocation is not approved due to health reasons a take permit will be obtained fi.om the Fish & Game for tortoises that cannot be relocated due to health reasons.' Page 4, Section 4, under 1.A, 5t~ line down will strike the words 'and the portion fi'om the southem boundary to U.S. 27'. Page 5, Section 4, under I.B, change the phrase 'Without CDD' to read 'Without CDD or without County contribution'. Also change from six (6) years to four (4) years in the second line of Section B. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 21 5) 6) Page 6, Section 4, under2. A, change 'With CDD' to read 'With CDD or County contribution'. Change B fi.om 'Without CDD' to read 'Without CDD or without County contribution'. Also change fi.om six (6) years to four (4) years in the second line of Section B. Page 8, Section 7, under under 1.A, eighth line down, change 'if the improvements have not been completed prior to the 18-month period' to read' If the improvements have not been completed by the end of the 18-month period'. Also, on page 9, under B, change 'before the issuance of the first single-family certificate of occupancy' to read 'before the issuance of the 25th single-family certificate of occupancy'. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried by a four to one vote to adopt Resolution No. 1186 as amended, with Council Member Renick being the opposing vote. Ordinance No. 413-M - Introduction Mayor Turville read the Ordinance by title only and asked City Manager Saunders to explain the request. City Manager Saunders stated that this Ordinance is for introduction only and will rezone the property located at the northeast comer of Highway and Citrus Tower Boulevard. Mr. Saunders stated this was previously approved in the Small Scale Comprehensive Plan Amendment by the City Council and that this is the rezoning to accompany that. A motion was made b~ Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 413-M. Ordinance 416-M - Introduction Mayor Turville read the Ordinance by title only. Finance Director Van Zile explained that this Ordinance is to bring the investment policy into compliance with mandatory statutes that were changed in the past year. Mr. Van Zile stated that Staff had worked with the investment advisor over the last two months to accomplish this and it is recommended for approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 22 A motion was made by Council Member MacLauchlino seconded by Council Member Mullins, and carried unanimously to introduce Ordinance 416-M. Ordinance 417-M - Introduction Mayor Turville read the Ordinance by title only. Finance Director Van Zile stated that this Ordinance is to adopt a pension policy for the pension fund. He further stated that the City has never had a pension policy but that some of the changes to Florida statutes require that pension funds be added to investment policy. He stated that this has been approved by the City's Police Officers and Firefighters Board of Trustees as well. A motion was made bp Council Member Mullins, seconded bp Council Member Biddle, and carried unanimously to introduce Ordinance 417-M. Resolution No. 1182 Mayor Turville read the Resolution by title only. Finance Director Van Zile stated that personnel policy is reviewed annually to determine any changes or additions needed. The major changes are regarding intemet usage and leave donations and Staffrecommends approval. ,4 motion was made by Council Member Biddle, seconded by Council Me~nber MacLauchlin, and carried unanimously to adopt Resolution 1182. Resolution No. 1183 Mayor Turville read the Resolution by title only. Finance Director Van Zile stated the changes to the substance abuse police are primarily due to changes in drug testing regulations that occurred over the last year. Mr. Van Zile stated that they were discussed with the City Council at the last Workshop Meeting and recommendation is for adoption. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 23 A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to adopt Resolution 1183. Resolution No. 1184 Mayor Turville read the Resolution. Finance Director Van Zile stated that this Resolution is the result of some changes to the group medical plan that Staff feels are important. The changes are to benefit coverage and to group rates as discussed at the Council Workshop. /I m~tion was made bp Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to adopt Resolution 1184. Resolution No. 1185 Mayor Turville read the Resolution by title only. Finance Director Van Zile stated this provides for employees to pay for their deductions with pre-tax eamings. This includes some changes that have occurred in IRS regulations over the last year. A motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to adopt Resolution 1185. Mayor Turville asked if anyone wished to speak to the Council on any other issues. Nancy H. Fullerton presented a letter fi.om the Save Our Lakes Committee, Inc. and asked City Manager Saunders for an update regarding the scheduling of a workshop regarding Crystal Lake. Ms. Fullerton stated the letter is an appeal for Crystal Lake. City Manager Saunders stated that he has not received the Grant packet and a workshop will be scheduled when received. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2001 Page 24 There being no further business the meeting was adjoumed at 12:25 p.m. J~f~ic~dle, Mayor Pro Tem Attest: