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02-13-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 13, 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, Principal Planner Barbara Hollerand and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Biddle, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES Council Member Renick requested that the term 'in favor of the project but as a 100,000 foot store' be replaced in the minutes with a stronger content of opposition to the variance request regarding the Target issue. She also stated that, regarding Resolution No. 1170, on pages 11 and 12 the applicant's name was incorrect. A motion was made bp Council Member Renick, seconded by Council Member Biddle, and carried unanimously to table approval of the minutes o_f the Council Meeting held Januar~ 23, 2001 to Februar~ 27, 2001 (time certain) in order_for changes to be made. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that it is now time to move to the plans and specifications phase of the downtown Streetscape project. This was started last year by contract with Hartman & Associates for the preliminary plan that was submitted to DCA for a grant, which was approved. City Manager Saunders recommended that the City negotiate to extend the contract with Hartman for the development of plans and specifications. A motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to negotiate extended services with Hartman & Associates for the downtown Streetscape. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 2 City Manager Saunders stated that St. John's Water Authority has imposed water restrictions of two days per week and the days they adopted for restrictions are the opposite of the days the City has imposed. He recommended that we change our restrictions to conform to St. John's Water Authority, which is even addresses on Thursdays and Sundays, odd addresses on Wednesdays and Saturdays in order to comply with St. John's restrictions. ~,1 motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to amend our water restrictions to conform with St. John's Water Authorit~. City Manager Saunders then stated that St. John's Water Authority has created a model ordinance that is being considered by several cities to help enforce these water regulations. Under this ordinance, the first offense would be a warning, second offense would be a $50.00 fine and it continues fi.om there. St. John's cannot enforce due to manpower but is asking cities and counties to look at the possibility of adopting either a resolution or an ordinance allowing the cities to enforce these fines. City Manager Saunders stated that currently the City Code Enforcement Officer is giving notices for watering violations either by telephone or in person but that until we adopt the ordinance we cannot fine for these violations. City Manager Saunders recommended that the introduction to the model ordinance be presented to the Council at the next Council Meeting. City Manager Saunders stated that he would like to schedule a Workshop Meeting to review administrative and personnel policy issues prior to the annual employee meeting to be held in March. It was decided by the Council that a Workshop Meeting of the City Council would be held Thursday, February 15, 2001 at 7:00 p.m. at the police station. Mr. Saunders stated that March 17, 2001 is the annual St. John's Water Celebration & Cleanup. He requested that the Council waive the parking fees at the waterfi.ont park for the volunteers. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 3 A motion was made b~¥ Council Member Biddle, seconded by Council Member MacLauchlin~ and carried unanimously to waive parkin£_fees at the water_front park on Saturday, March 17, 2001for the St. John's Water Celebration and Cleanup. Mayor Turville asked if the fines imposed regarding the model ordinance for water restrictions were forwarded to St. John's or if the City keeps it. Mr. Saunders stated that the local government would keep those fees. FINANCE DIRECTOR VAN ZILE No report. CITY ATTORNEY GUTHRIE No report. MAYOR TURVILLE Mayor Turville recognized and welcomed Boy Scout Troop//86. Mayor Turville stated that if Chief Bishop would like to issue any commendations associated with the accident and fire that occurred in front of the Citrus Tower he would be pleased to have him do that at future meetings because a great deal of people were involved in that. He also read a letter from the City of Cassleberry commending the efforts of our Fire Department Dive Team, namely Carle Bishop and Paul Anderson. He then asked if any Council Members had reports. COUNCIL MEMBER RENICK Council Member Renick stated that a group of 8 to 10 children &the 10 to 12 year age group, along with a Rachel Samples, cleaned up the litter at the waterfront park on February 3, 2001. Ms. Renick wanted to acknowledge them for cleaning up 300 yards of litter that day. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 4 COUNCIL MEMBER MULLINS Council Member Mullins stated that February 10, 2001 was the l0th anniversary of Boy Scouts. 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. 1-Bid Award: Item No. 2-Bid Award: Item No. 3-Bid Award: Item No. 4-Bid Award: Item No. 5-Refurbish Contract: Cleaning Services Sewer Main Cleaning Purchase of Turf Equipment Resurfacing of Palatlakaha Recreation Area Tennis Courts & Basketball Court (Denial Recommendation) 1990 Lodal Council Member Renick stated that she did not understand why the bid from Shotzie's Cleaning was significantly higher than the other two for cleaning services, therefore Item No. 1 of the Consent Agenda was pulled for discussion. City Manager Saunders explained that a detailed set of specifications was provided and each of the bidders visited all of the sites in a pre-bid meeting. `4 motion was made by Council Member Renick, seconded b? Council Member Mullins, and carried unanimously to approve the Bid Award for Cleaning Services as recommended. ,4 motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to approve Items Two through Five on the Consent ,4genda. UNFINISHED BUSINESS Resolution No. 1176 Mayor Turville read Resolution 1176 by title only and requested that Planning Director Barry Brown provide an explanation of the Resolution. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 5 Planning Director Brown stated that the applicant, Jayson Stringfellow of South Lake Center, Inc., requests a Conditional Use Permit to allow the construction of financial institutions, restaurants, professional office and/or up to 15,000 square feet of general retail space on the portion of the property zoned C2, and to allow 72,000 square feet of professional office space on the portion of the property zoned R3. Staffrecommends approval with stated conditions and changes. Mr. Brown stated that staff recommends limiting the office space to 48,000 square feet until such time that access is provided by an extension of Oakley Seaver Drive. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Bob Reese, 952 Lost Lane, Winter Park, FL, spoke as property owner on behalf of the project. Jayson Stringfellow, 11006 CR56 lA, Clermont, spoke as applicant on behalf of the project. ClifTate, Kimley-Hom & Associates, Inc., 1080 Woodcock Road, Orlando. Mayor Turville closed the public hearing at this time. Council Member Mullins questioned the use of the word 'may' instead of'shall' prior to the word construct in Section 4, item 9. Council Member MacLauchlin stated that in Section 1, Item 8 the word 'state' should be 'stated'. Council Member Biddle asked if the right of Way issue had been resolved. Mr. Stringfellow stated it had not. Mayor Turville stated that the applicant and the property owner, as well as himself, had attempted to resolve this issue with the adjacent property owner with no success to date. Council Member Renick stated that she had ex parte communication with Mr. Reese and also asked Mr. Brown if the project is going to be developed as a single integrated project, as stated in Section 2, #3. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 6 Planning Director Brown stated that the master plan does show the project design as an integrated project in order to have better traffic circulation. Council Member Renick stated that she understood that the project would not continue after a certain point due to the inability to obtain fight of way. City Manager Saunders stated that, given time, the neighboring property owner would probably come to the City with a request for development. At that time the City would obtain dedication for the right of way. Council Member Renick stated that in Section 6, parts 2 and 4, she fears that this would only force the applicant to comply with the current code, not the one the City is about to adopt regarding landscaping. Council Member MacLauchlin stated that the language should change to read 'City codes in effect at time of development'. Planning Director Brown stated that a change would be made to those sections to read' in conformance with City codes in effect at time of development'. Council Member Renick stated that the differences in the traffic study regarding reduced development compared to the full project was actually 500, rather than approximately 106, as stated by letter from the project traffic engineer. ClifTate, Kimley-Hom & Associates, Inc., spoke as traffic engineer and explained how he arrived at his number. City Manager Saunders stated that in Section 2, Item. 3, the language should be changed to read 'the parcel is to be planned and designed as a single, integrated project', and in Section 4, Item 9, the word 'shall' be replaced with 'may'. A motion was made bp Council Member Mullins, seconded bp Council Member MacLauchlin, and carried unanimously to adopt Resolution No. 1176 as amended. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 7 JA YS ON S TRINGFELLO W VARIANCE RE O UES T Planning Director Brown explained that the applicant is requesting a variance to use offsite stormwater retention as opposed to the code which calls for retention on site. This would allow the applicant to use an existing retention pond in conjunction with State of Florida D.O.T. Staff recommends approval on the condition that an agreement is executed assigning responsibility for the maintenance of the retention pond. The applicant and D.O.T. are cun'ently working to draft this agreement, as well as to enlarge and reconfigure the shared retention area. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Jayson Stringfellow, 11006 CR 561A, Clermont, the applicant, spoke about the retention area. He stated that this retention project involves Lake County, D.O.T. and a neighboring developer. D.O.T. owns the pond and Lake County is going to maintain it. The capacity is sufficient to hold the stormwater of both professional projects as well as the county and state road needs, including the increase to six lanes on State Road 50. Council Member Mullins asked if any if this retention area exists now. Mr. Stringfellow stated that the pond is already there and gave a general location. Council Member Renick asked what would happen if the off site retention was not approved. Mr. Stringfellow stated that Lake County and D.O.T. must have the retention area so it is very doubtful that this would happen, and that they are doing their part in order to accomplish this goal. Planning Director Brown stated that the square footage of the project would be reduced to accommodate the stormwater retention on site if the offsite retention project did not come about. Prompted by a question by Council Member Mullins, City Attorney Guthrie stated that if the retention project with D.O.T. fell through, the offsite retention approved would automatically revert to an on-site requirement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 8 Council Member Renick asked if there was any plan to revise the current code regarding off site retention because it was a constant issue. City Manager Saunders stated that a modification of that code will be brought to the City Council. Planning Director Brown stated it would be before the end of March. 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 approve the variance request. NEW BUSINESS COMPREHENSIVE PLAN AMENDMENT Mayor Turville stated that this is the Comprehensive Plan Amendment Transmittal Hearing and the proposed Amendment is comprised of many parts, therefore each part will be addressed and voted on separately. Mayor Turville stated this is a Public Heating and anyone wishing to speak regarding the Amendments may do so. Principal Planner Barbara Hollerand gave a brief explanation of this process. She stated that there were annexations, applicant requested amendments and administrative changes to be addressed. Ms. Hollerand began with the annexations by saying that there are three properties that were annexed in 1998 but were never assigned land use designations. Annexation -Lincoln Groves Ms. Hollerand gave the general location of the property and stated that the amendment is for a future land use designation of UD7-Residential (Undeveloped District, Other), which allows for single family detached residences, duplexes, townhouses, multi-family attached residences, tourist accommodations (excluding time-share operations), King's Ridge DP,/ and directly related land uses such as parks, utilities, streets, schools, churches and other such CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 9 activities whose primary purpose is to serve the residents of the area. The density is 4 units per acre. City Manager Saunders explained that this is not a zoning issue, but future land use only. An applicant would still have to request a zoning change in order to build many of the above. The current land use is UR (Urban Residential). The current zoning allows one residential unit per acre The City Council would have to vote to change that zoning designation. Mayor Turville asked if anyone would like to speak on the application of this land use. Nancy Fullerton, 368 Montrose Street, voiced concerns regarding annexation to the south and requested that the Council address any concerns they may have in regard to this application interfering with the urban boundary. Mayor Turville stated that he did not anticipate this land being developed at 1 to 1, yet the Council must bring this and other properties current, thus they are bringing the land use in at the lowest utilization possible. Council Member Biddle stated that he understood that the land must be annexed, and the designation of UD7 would be about the lowest applicable. Council Member Renick stated that she would like to remove the multi-family fi.om the UD7 category as it applies to this particular property. She stated that she did not want to see heavy density go in on the other side of Hartwood Marsh Road and that the Council could take this opportunity away by making a text change now. Ms. Hollerand stated that there is precedence in the descriptions of the districts where limitations have been placed on a tract by tract basis. Council Member Renick stated that the development of this piece of land on the other side of Hartwood Marsh Road could lead to numerous requests for the same type of development. City Attorney Guthrie stated that you cannot withhold some of the uses at this point. He stated that this was just a land use change, not a specific rezoning. The City Council would still have significant power when a request for rezoning comes in to articulate which among the various uses of UD7 it will confer upon this property. He stated that due to the location, it seems reasonable to assume that it will remain single family or something of that nature. Ifa need arises to have a different land use category to exclude multi-family or similar, then a text change would need to occur since this item has already been through the recommendation process and cannot be changed at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 10 Council Member Biddle then asked Council Member Renick to state the purpose of withdrawing this item. Council Member Renick stated that she understood that a text change to ensure that this land use remains 1 to 1 could not be done at this time, therefore her request is that it be pulled and done at a later time with the text change. Mayor Turville asked City Attorney Guthrie if he understood correctly that this item could not have a text change at this time due to advertisement and other reasons, but that it would have to be pulled. City Attomey Guthrie responded that Mayor Turville was correct and that it would have to go through a Comprehensive Plan Amendment change process, which would probably take six months to move it forward. Mayor Turville then stated that Council Member Renick's concern was that under the new land use developers would believe that it was possible to put 12 units per acre there. City Manager Saunders stated that, under this new land use designation, the property is limited to 4 units per acre. Mayor Turville stated that he was unsure if the City had ever rewritten site specific land use designations. Planning Director Brown stated that the City had been site specific in regard to certain tracts having a certain density in some of the land use districts, specifically the undeveloped districts, such as Undeveloped District 5, but in those cases it had been previously advertised. City Manager Saunders stated that one other option in order to keep the Comprehensive Plan Amendment Transmittal moving would be to go ahead and adopt the UD7 as is, but later this year do a text change during the second Comprehensive Plan Amendment Transmittal since the same Council Members would still be sitting during that six month time frame in regard to zoning. This would allow the City to keep the Plan moving forward and allow the Council to consider what text changes should be made. Council Member Renick asked if that would give developers opportunity to come forward with requests. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 11 City Attorney Guthrie stated that this phase of the Plan is not the final action, just moves it forward to the next stage of review. It will come back for ultimate adoption after the Department of Community Affairs makes comments, then the City will adopt as is or with modifications to be included. City Manager Saunders stated the City could not make zoning changes to the property during the review by DCA, therefore the uses under the new land use designation could not be considered until after the adoption stage. Dale Ladd, 13741 Canal Drive, Clermont, spoke as owner of property to encourage allowing this land use change. A motion was made by Council Member Biddle, seconded bY Council Member Mullins, and carried bY a_four to one vote to transmit this item as part of the Comprehensive Plan Amendment Transmittal, with Council Member Renick being the opposing vote. Annexation - Hubbard Principal Planner Barbara Hollerand described the Amendment and gave a general location. She stated that this item would require a new land use designation of UD5 Commercial with a change to the UD5 Item 10 text language regarding the allowable commercial uses. A motion was made bp Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to transmit this item As part o_f the Comprehensive Plan Amendment. Annexation - Hillar? Ms. Hollerand gave a description of this third and final annexation by giving a brief description and location of the property and stating that it requires a future land use change to UD2 Commercial. Council Member Biddle asked if the property to the right is zoned commercial, referring to the overhead display. Planning Director Brown stated that it was C 1 Light Commercial. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 12 A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to transmit this item As part o_f the Comprehensive Plan Amendment. Principal Planner Hollerand stated that she now would move.into the Applicant Requested Amendments portion of the Comprehensive Plan Amendment Transmittal Hearing. Daryl Carter #1 Ms. Hollerand stated that the applicant, Daryl Carter, is requesting a land use change from UD5 Residential/Professional to UD2 Commercial. She gave the general location and description of the property. A motion was made by Council Member Biddle, seconded b¥ Council Member MacLauchlin, and carried unanimously to transmit this item As part qf the Comprehensive Plan Amendment. Hills of Clermont Ms. Hollerand stated that the applicant, Bob Mandell, would like additional commercial and a text change for higher density. This would change approximately 17 acres from UD6 Residential to UD6 Commercial with a text change allowing 8 units per acre. Planning & Zoning recommended approval of commercial but denial of 8 units per acre. William C. Kercher, Jr., Planner for Glatting, Jackson, Kercher, Anglin, Lopex and Rinehart, Inc., spoke on behalf of the project. He stated that because they donated fight of way when the high school came into the area which divided their property, they now need this land use designation and text change from 4 units to 8 units per acre in order to utilize as much of the odd shaped property as possible. Council Member Renick asked if the right of way for the Hook street extension was finalized and if not will they withhold dedication of it if Council's decision is to deny the request. Bob Mandel, applicant, stated that the right of way had not been finalized and that there was a great possibility that they would withhold dedication of the right of way if denied tonight. He stated that the leftover property was unusable in its current state. Council Member Renick stated that she has no problem giving the commercial land use designation, but does not want to up the density. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 13 Mr. Mandell stated that it would become relatively unusable without this change and that they had also donated several acres for a retention pond. He stated that they had originally wanted all of it commercial, but at a Workshop meeting in August 2000 the Mayor and Council Member Biddle convinced him to ask for 8 units per acre instead. Mayor Turville asked how the property could be usable at 8 homes per acres but not at 4 homes per acre. Mr. Mandell stated that there are areas of the property that would only contain 2 homes per acre at the current designation because of the requirements, whereas giving a more lenient designation gives more room to build. Council Member Renick asked if the School Board purchased the site for the new school without obtaining a fight of way. Mr. Mandell stated that was correct. Council Member Mullins asked if 6 units per acre would help. Mr. Mandell stated that they wanted more than 8 to begin with. City Manager Saunders asked how many acres there were prior to the dedication of right of way and how many units were planned for that site, and how many acres were left now. Mr. Mandel stated 120 units were planned for 40 acres and 200 for the 25 acres left. The fight of way requires 9.2 acres. Frank Caputo, 3917 Scarborough Lane, Clermont, spoke against the project. Gerald Smith, South Lake Representative for the School Board, spoke about multi-family properties and the alternatives the School Board would have if the Council turned this down and asked the City Council to approve the project. Council Member Biddle stated that he felt that this was a good compromise and that 8 units per acre was not an extremely high density. He stated that this number had been considered after about half an hour at a Workshop meeting where the applicant had begun by wanting 16 units per acre. He stated that he felt this was about being a good partner, working with the School Board and the property owner to do what is fair and right. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 14 A motion was made bp Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to transmit this item As part o_f the Comprehensive Plan Amendment. Carter Amendment - Case 1 Principal Planner Hollerand described the request and gave the general location of the property. She stated that the applicant, Daryl Carter, was requesting that the 5 acres be changed fi.om UD5 Professional to UD2 Commercial. Daryl Carter, 908 S. Delaney Ave., Orlando, explained the water retention areas on the property. Council Member Renick stated that she wants to leave this property as Residential Professional, not change to Commercial to prevent excess grading. · Planning Director Brown stated that a large portion of this property had already been regraded as a retention area. A motion was made bY Council Member Mullins, seconded bY Council Member Biddle, and carried bY a_four to one vote, with Council Member Renick being the opposing vote, to transmit this item as part of the Comprehensive Plan Amendment. Carter Amendment - Case 2 The applicant withdrew the amendment request at this time. Carter Amendment - Case 3 Principal Planner Hollerand described the request and gave the location. She stated that the applicant, Daryl Carter, is requesting that the future land use be changed from UD5 Residential to UD5 Residential/Professional in order to develop offices. She stated that this would be an ideal location, being just north of the hospital. Stafffeels that additional medical facilities or multi-family would be appropriate here. Permission had previously been given to develop multi-family on a portion of this property but expired due to not commencing within one year. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 15 Mayor Turville stated that he recalled a discussion at a Workshop regarding the proximity of this property to the hospital and colleges for a basis to allow multi-family. City Manager Saunders stated that this was correct. The lack of a road was one issue that prevented commencement of the project. Council Member Renick stated that this is another project where she would like to do a text change to prevent multi-family. Nancy Fullerton, 368 Montrose St., asked what the allowed density would be with the change. City Manager Saunders stated that the UD5 area currently allows up to 12 units per acre in this area and the proposed land use allows this as well. Council Member Renick made a motion to withdraw this item from the Comprehensive Plan Amendment Transmittal. Motion died due to lack of a second. Daryl Carter spoke about the project and stated that he hopes to develop offices here. ,4 motion was made bp Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to transmit this item As part of the Comprehensive Plan Amendment. Cunningham Amendment Principal Planner Hollerand described the request and stated that the applicant desires the property to be consistent with the surrounding parcels with a change from UD5 Residential to UD5 Residential/Professional. ,4 motion was made bp Council Member Mullins, seconded bp Council Member Biddle, and carried unanimously to transmit this item As part of the Comprehensive Plan Amendment. Don Casto Organization Amendment - Case 4 Principal Planner Hollerand stated that the applicant, Drew Smith, is requesting a land use change from UD5 Residential to UD5 Residential/Professional in order to construct professional offices and/or multi-family and gave the general location. She stated that the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 16 applicant requests a text change to strike the words 'not to exceed 4 units per acre' and to add the use of professional office. Council Member Renick asked if striking the text regarding 4 units per acre would leave it open-ended. Planning Director Brown stated that the applicant did not request a certain density and that could be discussed. City Manager Saunders asked what density would it revert back to if you remove the 4 units per acre. Planning Director Brown stated that, in this area, it would be lef~ open. Drew Smith, 7045 Tamiami Trail, Sarasota, the applicant, explained the request. Council Member Mullins asked what density thc Villages at East Lake has, just north of this property. Ms. Hollerand stated the density was l0 per acre. Council Member Renick stated that she did not want to eliminate the density requirement from the text. Council Member Mullins stated that he would be comfortable with 8 units per acre, but not leaving it open. City Manager Saunders stated that a density should be assigned. City Attorney Guthrie stated that this would be best for both the City and the applicant. Council Member Renick asked if density could be assigned tonight. City Attorney Guthrie stated that it must be dealt with in some way now. He stated that it should be added now and discussed at adoption stage. Planning Director Brown stated that Staff's intent was to assign density tonight and that the applicant requested it be presented in this manner. He stated that, in terms of appropriate density allowances, the area includes densities of l0 to 12 units per acre. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 17 Mr. Smith stated that they have approximately 6 acres devoted to the ALS facility, with the remaining 17 acres being available for professional office or multi-family development. City Manager Saunders asked Planning Director Brown how to calculate density as it relates to an assisted living facility and could the applicant build the facility under the Comprehensive Plan as it reads today, without any changes. Mr. Brown stated that his belief is that it could be built under the existing Comprehensive Plan today because the applicant had acquired prior approval for the facility. City Manager Saunders stated that his opinion was that the Council co~tld either remove the statement regarding density completely or leave it as is. He stated that he believed a different density could not be assigned tonight. He stated that a text change regarding density could be accomplished later in the year with the next Amendment process. Mr. Smith asked why the City Council was comfortable with the density as it applies to the assisted living facility but not on the remainder of the property. City Manager Saunders stated that there were differences between assisted living and multi- family living. Mayor Turville stated that assisted living is a service and multi-family is residential housing. He stated that he was uncomfortable with the applicant's open-ended request, whereas he felt the Council would be much more comfortable if they knew the details of the proposed project. City Manager Saunders stated that he felt that this is a prime location for this use but that the problem lies in the process. A future land use text change would be required in order to change the density allowed as it pertains to the portion of the property, but since there was not a request for a certain density cap but a request to remove any cap the Council must either leave the requirement as it reads now, remove the requirement, or remove this item fi:om the transmittal. Bob Wade, 1363 W. Lakeshore Drive, asked the difference between this request and the Item 3 request of earlier located directly across fi:om this property. City Manager Saunders stated that the difference is in the process and how the request was made and advertised. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 18 Council Member Biddle asked if they could approve one part but not the other. City Manager Saunders stated that they could include the land use change to Professional Residential and leave the density cap at 4 per acre. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to transmit the portion of this item To allowProfessiona/Residential but to leave the densi~_ requirement at 4 per acre as part of the Comprehensive Plan Amendment. Council Member Renick voiced concern that the applicant will be forced to wait due to how this request was handled. Planning Director Brown stated that the applicant requested this be brought before the Council in this format. Wade Amendment - Case 6 Principal Planner Hollerand stated that the applicant, Bob Wade, would like to have a future land use change fi.om UD5 Residential to UD5 Commercial in order to construct a hotel. This would require a map and text change. The text change would be to extend commercial beyond the 1300 feet currently allowed. Staff recommends that the commercial use be limited to hotel only. Ms. Hollerand gave the general location and explained the reason for the text change. Bob Wade, 1363 Lakeshore Drive, the applicant, stated that he would like the property to be commercial without the stipulation of hotel only, as Planning and Zoning recommended. He stated that the Council recently approved a hotel with a much higher density, and that the property behind and across were already commercial with the property adjacent to it already being an assisted living facility. Mayor Turville stated that he did not want to bring commercial up Citrus Tower Boulevard but keep it on State Road 50, if possible. Council Member Mullins asked if the intent is to put a hotel there. Mr. Wade said yes, but that he did not want any limitations. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 19 Planning Director Brown stated that Mr. Wade had brought this before the Council at a Workshop and the Council had been receptive to allowing the construction of a hotel only. Mayor Turville asked Planning Director Brown if the City currently has any commercial development that exceeds the 1300 feet. Mr. Brown stated that there were none. Mr. Wade stated that he felt this project would blend well with the area and that they could set limitations as needed. Mayor Turville stated that he was adamantly against making this property commercial due to its location. He stated that putting commercial up a road designed to take traffic away from the commercial area of State Road 50 was not a good idea. Mr. Wade argued that he already has 3 acres of commercial property and could put whatever would fit there tomorrow. Council Member Mullins stated that it made no sense to leave this small parcel residential, that while he sees that there may be too much business and professional it shouldn't be left the way it is. Mayor Turville stated that it has been advertised as a commercial request. Mr. Wade stated that he felt that this is the ideal place for a commercial project. Frank Caputo, 3917 Scarborough Ct., spoke against project due to its location. A motion was made by Council Member Biddle, seconded by Council Member Renick, and carried unanimously to remove this item As part o_f the Comprehensive Plan Amendment Transmittal. Mr. Wade asked how long he must wait to request a change after this decision. Mayor Turville stated that he believed it could come back with the next Amendment process in approximately 6 months. City Manager Saunders stated that a second Comprehensive Plan Transmittal will occur later this year. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 20 Mr. Wade asked if he could go ahead and accept the change to commercial but hotel only. City Manager Saunders stated that the Council had the option of approving the request with the stipulation of a hotel only, but that they had voted unanimously to not include the item at all. Mr. Wade asked again if he could accept the change as commercial but hotel only. Mayor Turville asked if he could poll the Council if they understood the motion that was made. City Attorney Guthrie stated that he could ask them that and if they would like to reconsider. Mayor Turville asked the Council if there was any reconsideration on its part. None was spoken. Ladd Amendment - Case 9 Principal Planner Hollerland gave the general location and stated that the applicant, Dale Ladd, requests a land use change from UD3 Residential to UD3 Commercial. She stated that this would require a land use and text change to include commercial in the UD3 language. Mayor Turville asked Planning Director Brown to explain the uses of the properties adjacent to Highway 27 across fi.om the professional offices and asked if this was done to serve as a buffer. Mr. Brown pointed out commercial and multi-family approved in the area. Mayor Turville asked for clarification as to the location of the professional offices he remembered and the commercial areas Mr. Brown spoke of. Mr. Brown indicted the location of the offices and stated that a South Lake Feed commercial project has been approved. Mayor Turville asked Planning Director Brown if his opinion was that it was a good idea to start having curb cuts from US 27 on that hill. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 21 Mr. Brown stated that there would be no additional curb cuts, since the only access to the property would be from an existing median on Highway 27. An easement exists from Tower Groves to come in by way of the South Lake Feed store and, once on the property there would be an uninterrupted driveway connecting all parcels. His opinion regarding curb cuts on the hill is that there should be as few as possible. Council Member Renick stated that this would be the first time commercial would be allowed south of Hunt Street. Dale Ladd, 1135 East Ave., the applicant, spoke on behalf of the project and stated that he would be doing improvements to the existing easement as well as extending it for cross access. He stated that commercial property on Highway 50 is too expensive for local merchants and that they are looking at this area because of this. He would like to provide this commercial property for those local merchants. Council Member Renick asked for clarification as to the location of the Boyett townhome project to this property. Planning Director Brown stated that it was located across the street. ,4 motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried bY a three to two vote to transmit this item As part of the Comprehensive Plan Amendment, with Mayor Turville and Council Member Renick being the opposing votes. Administrative Changes to the Comprehensive Plan Principal Planner Hollerand explained that there are four different areas in this section to be amended. Future Land Use Map Changes Council Member Biddle excused himself from this portion of the Comprehensive Plan Amendment Transmittal Hearing as a property owner under this section. Principal Planner Hollerand explained that areas west of West Avenue in the Central Business District had been rezoned but the land use changes had never been changed from NED6 Residential to EDB 1 Commercial. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 22 A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to transmit this item As part of the Comprehensive Plan Amendment. Council Member Biddle abstained. Future Land Use Element - Appendix C Principal Planner Hollerand stated that there are parts of Appendix C that are being amended in this transmittal, such as road names that have been changed or items such as roads that had recently come into existence. She stated that this also includes the recommendation to change the words 'permitted uses to 'allowable uses' in the district language and some changes to make the land use language more consistent with the zoning language such as adding personal services to some districts and others to other districts. A motion was made by Council Member Mullins, seconded bp Council Member MacLauchlin , and carried unanimously to transmit this item As part of the Comprehensive Plan Amendment. Transportation Element Principal Planner Hollerand explained that the Florida Department of Transportation has requested that the City show the future 6-1aning of State Road 50 and Highway 27 on its maps because it causes an annual problem when D.OT. has to show that their program is not in conflict with the City's Comprehensive Plan. Mayor Turville asked how this relates to applicants and the traffic problems that their proposed projects may cause. City Attorney Guthrie stated that under state law designating a future improvement does not constitute the standard, but that the improvement has to be at a certain stage of funding or construction so that by the time the development that is relying on that concurrency gets a building permit the improvement will be there. Council Member Renick stated that she felt that the level of service standards for State Road 50 were outdated. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 23 Ms. Hollerand stated that they used the language from the EAR and that is all they have at this time. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin , and carried unanimously to transmit this item As part of the Comprehensive Plan Amendment. Capital Improvements Element Principal Planner Hollerand explained that this includes proposed improvements as it pertains to the annexations and we are required to include some analysis showing level of service, as well as a schedule of capital improvements. City Manager Saunders stated that there are changes to be made to the last page (schedule) pertaining to sanitary sewer. It reads 'expansion of east side wastewater plant by .849 ', it should read 'by 1.25'. Also, change the one pertaining to the west side plant from '.75' to '.5'. Also,the cost of 9 million for the west expansion should read 4 million. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to transmit this item As part qf the Comprehensive Plan Amendment. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to submit the package as approved and transmit the Comprehensive Plan Amendment. This concludes the Comprehensive Plan Amendment Transmittal Hearing. SHELTER LEASE AGREEMENT City Manager Saunders stated that this Agreement is to allow AT&T to co-locate on the existing Nextel tower and to allow AT&T to lease ground space in the compound for $1,200.00 per month with an escalator of 4% per year after the first year. City Attorney Guthrie reviewed proposed changes to the Agreement. Kent Dennis, 4432 Bonnet Lake Drive, Haines City, the applicant, spoke about the two changes the City requested and stated there was no problem accepting these changes. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 24 A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously approve the Shelter Lease Agreement with changes as presented by City Attorney Guthrie. RESOLUTION NO. 1158 City Manager Saunders stated that this Resolution establishes the new meter fee schedule that had been discussed at a Workshop with the Council and would go into effect March 1, 2001. A motion was made by Council Member Biddle, seconded by Council Member Renick, and carried unanimously to adopt Resolution No. 1158. RESOLUTION NO. 1164 City Manager Saunders stated that this Resolution establishes the new cemetery fees that had been discussed with the Council earlier and would go into effect March 1, 2001. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1164. RESOLUTION NO. 1178 City Manager Saunders stated that this Resolution establishes various fees that the Planning & Zoning Department will assess for different types of inspections. He stated that the Fire Department fees will be coming at a later date. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously to adopt Resolution No. 1178. ORDINANCE 412-M - INTRODUCTION Mayor Turville read the Ordinance by title only. Planning Director Brown stated that this is a request for a Small Scale Comprehensive Plan Amendment. The owner has one parcel in the central business district and another adjacent to this one but not designated the same. They would like to have both parcels in this district so as to develop the entire parcel as one project. Staff supports their request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 25 A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to introduce Ordinance 412-M. ORDINANCE 304-C - INTRODUCTION Mayor Turville read the Ordinance by title only and and acknowledged that Ordinance 305-C is the same with the exception that 305-C is for Firefighters. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to introduce Ordinance 304-C. ORDINANCE 305-C A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance 305-C. COUNCIL LIAISON APPOINTMENTS Cooper Memorial Library A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to appoint Marilyn MacLauchlin as the Liaison to the Libra~_ . A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve the following appointments. South Lake Area Chamber of Commerce Liaison Lake Co. League of Cities Representative Pension Board Member St. Johns River Water Management Liaison JeffBiddle Keith Mullins Richard Bell Elaine Renick CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 26 BEAUTIFICATION COMMITTEE Mayor Turville appointed the following to the Beautification Committee: Joe Janusiak Percy Coleman Charles & Ruth Monzillo Michael D. Lausier Oakley Seaver Alan Heinrich Robert Lewis Heather Morgan Nancy Davis Joe Fleming Patricia Conklin-Cerf Carol Harrison PARKS & RECREATION BOARD Mayor Turville appointed the following to the Parks & Recreation Board: Dr. A1 & Basha Schlazer JeffDuke Joe Janusiak Robert Beasley Loretta Lynn Tara Shaver Curt Hall Larry O'Shaughnessy Byron K. Ritman There being no further business the meeting was adjourned at 11:30 p.m. Attest FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA~ S.T...~N?ME--FIRSTd.d L~..NAME--MIDDL%NAME, I '"~""~'~ "~"r" ~ q' MAILING ADDRESS C~l DATE ON WHICH VOTE OCCURRED 2__- ~ 5-c3 1 COUNTY NAME OF BOARD. C,J~UNCIL. COMMISSION. AUTHORITY, OR COMMITrEE THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: [3 COUNTY [3 OTHER LOCAL AGENCY NAME_OF POLITICAL SUBDIVISION: MY POSITION I~: ~[. ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. , '. Your responsibilities under the law when faced with voting on a measure in which you have'a conflict of' interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acrs, one-vote basis ars not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A ~business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you ars abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. ^ copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,___~_~_~._r_.~.~_ '~.1' C{ 4 ~' hereby disclose that on (a) A measure came or will come before my agency which (check one) ~_ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, ___ inured to the special gain or loss of whom I am retained; or ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 20 c3_L_: by , which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,t REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 13, 2001 Page 21 Mr. Brown stated that there would be no additional curb cuts, since the only access to the property would be from an existing median on Highway 27. An easement exists from Tower Groves to come in by way of the South Lake Feed store and, once on the property there would be an uninterrupted driveway connecting all parcels. His opinion regarding curb cuts on the hill is that there should be as few as possible. Council Member Renick stated that this would be the first time commercial would be allowed south of Hunt Street. Dale Ladd, 1135 East Ave., the applicant, spoke on behalf of the project and stated that he would be doing improvements to the existing easement as well as extending it for cross access. He stated that commercial property on Highway 50 is too expensive for local merchants and that they are looking at this area because of this. He would like to provide this commercial property for those local merchants. Council Member Renick asked for clarification as to the location of the Boyett townhome project to this property. Planning Director Brown stated that it was located across the street. A motion was made bp Council Member Biddle, seconded bP Council Member MacLauchlin, and carried by a three to two vote to transmit this item As part of the Comprehensive Plan Amendment, with Mayor Turville and Council Member Renick being the opposing votes. Administrative Changes to the Comprehensive Plan Principal Planner Hollerand explained that there are four different areas in this section to be amended. Future Land Use Map Changes Council Member Biddle excused himself from this portion of the Comprehensive Plan Amendment Transmittal Hearing as a property owner under this section. Principal Planner Hollerand explained that areas west of West Avenue in the Central Business District had been rezoned but the land use changes had never been changed from NED6 Residential to EDB 1 Commercial.