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01-23-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 23, 2001 at Jenkins Auditorium. Mayor Turville called the meeting to order at 7:30 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. 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 MacLauchlin, seconded by CouncilMember Biddle, and carried unanimously to approve the minutes of the Council Meeting hem Januar~ 9, 2001. CITY MANAGER SAUNDERS' REPORT City Manager Saunders welcomed Teresa Studdard as the new Deputy City Clerk. He gave the City Council Members a reminder that there would be a Council Workshop meeting on Thursday, January 25, 2001 at 6:00 p.m. at the Police Department. FINANCE DIRECTOR VAN ZILE No report. CITY ATTORNEY GUTHRIE No report. MAYOR TURVILLE Mayor Turville had no report and asked if any Council Members had reports. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 2 COUNCIL MEMBER BIDDLE Council Member Biddle stated that there are a lot of things on tonight's agenda that will change Clermont, no matter what decision is made. Last week, Lt. Danny Cheatam resigned after over 12 years of service to Clermont. Unfortunately, when you work with the criminal element you find some people who don't like how you do that. He stated that his opinion was that a couple of people decided to make it personal. Mr. Cheatam did a lot of for the community and did a great job. When a group went to Orlando to apply for Clermont's Main Street designation Officer Cheatam took a personal vacation day to drive the bus for them. While a lot of things will happen to affect Clermont, what happened to Danny Cheatam is the kind of thing we really need to protect against in Clermont. Acts like that hurt this town more than a Target or a tattoo parlor ever will. 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 - Garbage Carts Item No. 2-Bid Award - Computer Server for Fire Station Item No. 3-Bid Award - Water Quality Grant motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Items one through three on the Consent ,4genda. City Manager Saunders stated that the first four items of unfinished business of the agenda are related to the same issue. UNFINISHED BUSINESS Skytop, Inc./Impact Agreement Applicant is Wade Boyett, Vice President, Skytop, Inc. Planning Director Brown gave the background on the rezoning and explained the site impact agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 3 Mayor Turville explained that the land use is for a hotel with restaurant capabilities on site. City Attorney Guthrie recommended opening the public hearing on all related issues at this time because he felt that people who speak will mix the issues. Mayor Turville then opened the hearing to the public on the first four agenda items. City Clerk Van Zile swore in the following: Jimmy Crawford, P.A., legal representative for The Atlantic Hotel Group and Orlando National Travelers Hotel gave a description of the project. Mr. Crawford stated that the hotel would not be your typical roadside hotel for travelers but a part of the campus environment between the hospital, the National Training Center, UCF and Lake Sumter Community College. The facility would benefit the campus and 65% of rooms would be dedicated to the athletes. Traffic would be kept to a minimum due to the onsite services. Mr. Crawford requested that the words 'up to' be inserted prior to the "80 feet right of way". He stated that Planning & Zoning recommended denial because they were unable to prove that the reverse frontage road would be constructed concurrently with the hotel. As a result there was a postponement. Now all neighboring businesses are in agreement that the road will be built before the hotel receives a certificate of occupancy, which is a condition of the Conditional Use Permit. Bob Riddle, 1500 Parkwood Circle, Atlanta, GA 30350, planner for the project, gave a presentation of proposed hotel. He reinforced Mr. Crawford's statement that this hotel would be built primarily for the athletes at the complex, thus limiting traffic concerns. He described the building as four stories of guest quarters with banquet and meeting space as well as limited food service (as in limited to breakfast but also for catering meetings, banquets, etc.). The first three stories would accommodate the needs of the national training center with the design being primarily two bedroom suites. The fourth floor would be an upscale, or four-star level of suites. The meeting/banquet space would also be on the first floor. He described special features in some suites designed specifically for athletes such as high altitude environment. He concluded by stating that the hotel would work with the college as well, and would provide jobs for the area. Mayor Turville opened the public hearing: City Clerk Van Zile swore in the following: Harold Barry, 439 Can'oll Street, voiced concerns regarding the height request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 4 Bob Wade, 1363 W. Lake Shore Drive, voiced concerns regarding traffic and offsite retention. Shannon Elswick, 12903 Magnolia Point, spoke in favor of the project and about the possibility of using impact fees to construct the road and stated that CLIP needs to be contingent upon the new road as well. Mr. Elswick also spoke about the benefits of offsite retention. Jeff Duke, 11634 Audubon Lane, Administrator, USA Triathalon, spoke regarding the importance of the relationship between the hospital, college and hotel and expressed support for the project. Frank Caputo, 3917 Scarborough Lane, voiced concerns regarding offsite retention and traffic issues. Rick McCoy, 713 W. Montrose St., Project Engineer, addressed stormwater and height issues. Mayor Turville then stated that the building elevation showed that the actual elevation would be three stories on one side, 54 feet to peak. On the back side, because of grading issues, it is 55 feet to the highest living area. Mr. Crawford spoke again regarding traffic issues and addressed concerns spoken bypublic. He also stated that Mr. Wade's concerns were related to being a competitive hotel owner and that he has a monetary interest in the project. Mr. Wade rebutted that his traffic and offsite retention concerns were real due to the fact that there are other properties available that he feels would be better suited. Mayor Turville closed the public hearing and asked if the Council Members had any questions regarding the issue. City Attorney Guthrie stated that, since there had been discussion about Ordinance 409-M, it should be brought into the record at this time. Mayor Turville read Ordinance 409-M by title only. Council Member Renick stated that she had discussed the issues with several involved parties and asked Mr. Crawford how the City could be assured that the road would be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 5 finished before the Certificate of Occupancy would be issued and, if not, how either party could allow the hotel to sit unopened? Planning Director Brown stated that the Site Impact Agreement does not address the frontage road issue, but that the Conditional Use Permit will when it comes up later on the agenda. Council Member Renick then asked Mr. Darrell Carter, 908 S. Delaney Ave., Orlando to be swom in. City Clerk Van Zile swore in Mr. Carter. She stated that she had previously discussed with Mr. Carter and his father this issue as it relates to the outcome of their own request on the agenda. She stated that she had asked the elder Mr. Carter if they would still be willing to dedicate the roads if their Target project was turned down and he had said that they would be very reluctant, she then asked Darrell Carter if this was true. Mr. Carter stated that it was true. Mayor Turville stated that having the Certificate of Occupancy tied to the completion of the road would be the very best guarantee the City could have, if the applicant would be willing to do so. He then asked if the road could still go through due to the situation of Mr. Carter's property in relation to the road. Mr. Crawford stated that they would do whatever necessary to get it done and there were alternative routes, if necessary. Mr. Carter came back and stated that his father's statement was true, but that he had made a separate commitment to help to complete this project and he would stand behind it. Council Member Mullins questioned whether the request to change the wording of up to 80 feet regarding the right of way in the agreement would mean that it would also need to change in the other documents. Planning Director Brown stated that that was correct. Mayor Turville then asked if anyone had any other question or comments, there were none. He said that they should consider the Site Impact Agreement with amendments as requested, City Attorney Guthrie stated that the amendment should read 'up to 80' of right of way dependent upon amount dedicated by adjacent property owners along the frontage road'. ,4 motion was made by Council Member Biddle, seconded b¥ Council Member Mullins, and carried unanimously to adopted the Site Impact Agreement as amended. c~rr¥ or CLF,~tMOlVr MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 6 ORDINANCE 409-M- FINAL READING Mayor Turville stated that Ordinance No. 409-M had been read earlier by title only. Planning Director Brown explained that this will rezone the hotel property fi:om residential to commercial. Mayor Turville asked for any other comments. A motion was made by Council Member Mullins, seconded by Council Member Biddle and carried unanimously by roll call vote to adopt Ordinance 409-M as amended. RESOLUTION NO. 1169 Mayor Turville requested that Planning Director Brown explain this resolution and the variances associated with McCoy & Associates as well. Planning Director Brown stated that the applicant, Jimmy Crawford, requests a Conditional Use Permit to allow construction of a hotel, conference center and restaurant. He explained the Conditional Use Permit and stated that Staff recommends approval with the conditions outlined in said document. In conjunction with the Conditional Use Permit, there are also two variance requests. The first is for a building height of 72 feet as opposed to code height of 45 feet. The second is a request to use offsite storm water retention as opposed to storm water being retained onsite. Director Brown stated that Staff recommends approval with conditions outlined. Mayor Turville opened the public hearing on this issue: City Clerk Van Zile swore in the following: Harold Barry, 439 Can'oll Street, expressed concerns regarding height of the structure. Jimmy Crawford asked that his comments and those of Mr. Riddle, Mr. McCoy, Mr. Eldrige and Mr. Duke be reincorporated into the record. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 7 Nancy Fullerton, 368 Montrose St., spoke regarding continuous changes on restrictions or codes as well as the aesthetic aspect as it reflects on a small town image and asked why the original height restriction is not enforced. Mayor Turville explained that updating the height restriction code was discussed at the last workshop meeting of the Council. City Manager Saunders stated that the original restriction was partly due to limitations regarding the ability to fight fires, which is no longer an issue. He concurred with Mayor Turville that the code was being looked at. It will be' brought back to the Council when research is complete for possible change for the ordinance. Mayor Turville asked for questions or comments from the Council. Council Member Mullins stated that the same changes regarding the up to 80 feet right of way should be incorporated into Resolution 1169 as well. He also noted that the requirement of the frontage road being complete prior to issuance ofa C/O to the hotel was already in the Resolution. Mayor Turville asked Mr. Crawford if he would agree to a condition that the construction will be consistent with drawing presented. Mr. Crawford agreed. Council Member Renick stated that although she had not been initially receptive to the idea, after she looked at the site she had no problem with the plan, and managing to allow the water to flow the way it should while preserving the site as much as possible had resolved all of her doubts and misgivings about the site. Mayor Turville read the Resolution by title only. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin,, and carried unanimously to approve Resolution 1169 as amended. MCCOY & ASSOCIATES - VARIANCE REQUESTS Mayor Turville asked if there was any further discussion regarding the variance requests associated with the Hotel project as discussed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 8 A motion was made by Council Member MacLauchlin, seconded by CouncilMember Biddle, and carried unanimously to approve both variance requests. ORDINANCE 411-M - FINAL READING Mayor Turville read the Ordinance by title only. Planning Director Brown explained that the applicant, Mr. John Adams and Mercator Properties, Inc., are requesting a rezoning from R1 to C2 for approximately 15 acres located north of Citrus Tower Boulevard, east of U.S. 27. Staff supports approval. Mayor Turville opened the heating to the public. City Clerk Van Zile swore in the following: Bob Shaker, 230 Mohawk Rd., spoke in support of approval. He stated that the dedication of additional fight of way will help to square off the curve. Council Member Mullins questioned whether the road would ever be extended to the north, to serve as a connector from Citrus Tower Blvd. to Grand Highway? Mr. Shaker stated that there was not a need for such a road. City Manager Saunders stated that the City has not received any development requests for the property, but that a Conditional Use Permit would be required and when that does occur the roadways will be looked at during that review. Council Member Renick asked if Planning & Zoning's requirements regarding right of ways had all been met? Planning Director Brown stated that they had been. Mayor Turville closed the public hearing. A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously by roll call vote to adopt Ordinance 411-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 9 LENNAR HOMES, INC. - VARIANCE REQUESTS Planning Director Brown stated that there were two variance requests from the applicant, Lennar Homes, Inc. He explained that the first variance request was for 101 parking spaces rather than the 108 required by code. The second variance request was for grass and paved spaces rather than all paved. Staff recommends approval of both requests. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: John Aaron, Evans Group, N. Orange Ave., Orlando, FL, spoke on behalf of the project and explained the layout of the course and the variances requested. He explained that the goal was to separate car traffic from cart traffic coming from residents. Dwayne Booth, Vamer, Barley & Associates, Tavares, FL, spoke on behalf of the project regarding the course as it applies to the number of spaces needed for car and cart parking. Mayor Turville asked if the land not used for parking would be used for something else. Mr. Booth stated that this would be the maximum number of spaces ever created. Council Member Renick questioned whether grass was better than paved due to erosion? City Manager Saunders stated that he had met with Mr. Booth at length and it was decided that there was a need for paved spaces due to the daily use causing maintenance problems on grass, including a continual use of the paved golf cart spaces. Mr. Booth stated that they did indeed anticipate more cart parking than car at this point, and that they would be looking at it to determine of the grass spaces would need paving due to erosion. Mayor Turville closed the public hearing. A motion was made by Council Member MacLauchlin, seconded by CouncilMember Biddle, and carried unanimously to approve both variance requests. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 10 RESOLUTION NO. 1170 Mayor Turville read the resolution by title only. He stated that it was a land use issue that had been tabled from the last Council meeting. Planning Director Brown stated that the applicant is Brian Harper and the owner of the building and land is Margie Robbins. He explained that the applicant's request is to open a tattoo business in a C 1 light commercial zoning district. He gave the location of the property and stated that the area is currently experiencing successful revitalization due to the efforts of the City and residents. The area is changing from residential to professional business and the comprehensive plan states that redevelopment activities should include elimination of uses inconsistent with the community's character and proposed future land uses. It is believed that a tattooing business is not consistent with the continued redevelopment of the area and is not in keeping with the neighborhood, with a church across fi'om the location. Parking may not be adequate for both businesses in the building and would require more in the furore. Staff recommends denial of the Conditional Use Permit. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Brian Harper, 840 S. Grand Hwy., the applicant, presented his request and provided information regarding his business. Frank Caputo, 3917 Scarborough Ct., Planning & Zoning Commission member, stated that the decision of the Planning & Zoning Commission was based on land use, not problems with the criminal element. Rev. Rex Anderson, 37435 Holiday Ct., Dade City, FL, Pastor of New Life Baptist Church, spoke against project and presented a petition to the Council. Dale Ladd, 13741 Canal Drive, spoke against project. Wayne Harrell, 1041 Harbor Hills Cr., owner, stated he has been approached by a large professional medical group about purchasing his land nearby to build office building. He stated that the tattoo business would negatively affect this and all other professional building projects. Tiffany Messerli, 455 W. Minneola Ave., spoke against project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 11 Mr. Harper spoke again to address concerns voiced by public. Mayor Turville closed the public hearing and asked if staff, Council Members or applicant had questions or comments. Mayor Turville stated that in his opinion the whole reason the request falls into the Conditional Use process is because this is not a permitted use in this area. The area is enjoying current revitalization and the request is not typically associated with this and would even be contrary to it. He stated that this location is not the right spot for this business. He stated there would be an upcoming meeting to discuss changes in the Comprehensive Plan and the applicant was invited to attend. Council Member Biddle stated that the applicant deserves to have this issue discussed by the Council within a reasonable amount of time. Mr. Harper asked if he would have to come before the Council if he found an existing retail location and how soon the workshop would be? Mayor Turville stated that a Conditional Use Permit would be necessary in any zone. City Manager Saunders stated that the Comprehensive Plan was an ongoing process but that it would occur later this year. Council Member Biddle stated that he felt the Council owed the applicant some guidance as to what limitations will be set regarding location and what will be approved. Mr. Harper stated that he will continue to pursue a location that can be ideal and that he is in the hopes that he is not just being put off by the talk ora meeting later in the year. He also stated that the Council could not stop him from bringing his business to the City. Council Member Renick stated that she had initially been concerned about what the City could or could not do in a legal aspect. She did some research and found that all cities have rules regarding how many feet this type of business can be from a school or church, therefore Mr. Harper would need to keep this in mind in looking for a new location. Mr. Harper stated that he felt he was leaving with some things he had learned to help him in his search for the new location such as what pushes some people's buttons in the community and so on. He stated that he did not want this to drag out like some other cases have in court, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 12 he really did not want to get into all that. He really wanted to find a place that would fit everyone's needs. By law, he feels the City cannot stop him and he will come to Clermont. Mayor Turville apologized to Mr. Harper for the necessity of coming before the Council twice, and stated that if the City found an area that they felt was suitable they would let him know. He also advised Mr. Harper that Lake County recently adopted an adult ordinance that will cover the City of Clermont, unless the City chooses not to be or makes changes. He repeated that the Council will have to review how this issue relates to that, and again invited Mr. Harper to attend. Council Member Mullins stated that his opposition was for land use and said that the Council as a courtesy, should go ahead and attempt to agenda the issue sooner than six months. Council Member Biddle concurred, along with a review of the rules. City Manager Saunders stated that a workshop could be scheduled for discussion only at any time, but that the Comprehensive Plan process could not change and would take approximately 6 months. Council Member Renick stated that it seemed that the Council was bending over backward to accommodate this applicant when there are others denied without a big deal made over it. Council Member Mullins stated that Mr. Harper is an artist, and as such has a fight to perform his craft. motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to deny Resolution No. l170. VISITORS WITH BUSINESS SUMMIT GREEN - VARIANCE REQUEST Planning Director Brown described the request and stated the applicant was George Hovis, legal representative for Levitt Homes and explained that the variance is to allow grading greater than the 15 feet allowed by code. The purpose of the variance was to allow the applicant to develop the property as originally planned. Staff recommends approval of the variance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 13 Mayor Turville opened the public hearing. City Clerk Van Zile swore in the following: George Hovis spoke on behalf of the proj eot, explaining that the proj eot was master planned with the golf course already constructed. Now the residential area is to be constructed and grading must conform to the golf course. Harry Sleek, Senior Vice President, Levitt Homes, 7777 Glades Rd., Boca Raton, FL, spoke on behalf of the project. Council Member Renick asked if approval was already obtained in the original request. Mr. Hovis stated that Planning & Zoning recommended applying for variance but in his opinion it was not needed. Levitt Homes had approval of the entire subdivision prior to the grading ordinance going into effect. Mayor Turville closed the public hearing. A motion was made by Council Member Renick, seconded bv Council Member Biddle, and carried unanimously to approve the variance request. RESOLUTION NO. 1174 Mayor Turville read the Resolution by title only. Mayor Turville abstained due to being involved in a business relationship with the applicant. Council Member Biddle acted as Mayor Pro Tern in his absence. Planning Director Brown stated that the applicant, Hope Lamb, has applied for a Conditional Use Permit to operate a boardinghouse in the R3 zoning district. He gave the general location of the property and stated that Staff recommends approval with the conditions as stated in the Resolution and that the property be m-inspected by the Fire Marshal. Mayor Pro Tern Biddle asked if any members of the public wished to speak and asked the Council and staff if they had questions or comments. Council Member Mullins asked for clarification on the issue of food being served. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 14 Mayor Pro Tem Biddle stated that, for a boardinghouse, the code described it as "food may or may not be served". Mayor Pro Tem Biddle closed the Public Hearing. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously, with Mayor Turville abstaining, to adopt Resolution No. 1174. RESOLUTION NO. 1175 Mayor Turville read the Resolution by title only. Planning Director Brown stated that the applicant, Phillip Russo of Teng & Associates requests a Conditional Use Permit to allow the construction of a fiber optic relay booster station. He gave the general location and details of the request. Staff recommends approval with conditions as listed. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Scott Henry, 205 N. Michigan, Chicago, IL, spoke as representative for applicant and explained their request. Bob Shaker, 230 Mohawk Rd., spoke for the project, representing the owner of property. Mayor Turville asked where the generator on the property is located in relation to the closest residential area? Mr. Shaker indicated the location on the proposed site plan. City Manager Saunders requested Planning Director Brown to project the layout showing the project in relation to the residential area on the overhead display. Mr. Shaker stated that, in reviewing the site plan, they had already moved the generator to the south side of the building in order to lessen the noise factor as suggested by Planning Director Brown. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 15 Mayor Turville suggested that a condition be put into effect restricting testing of generator only to the hours of 10:00 a.m. to 4:00 p.m., Monday through Saturday, and that, under no circumstances, it be tested at night. A motion was made by Council Member Biddle, seconded bY Council Member MacLauchlin, and carried unanimously to approve Resolution No. 1175 as amended. RESOLUTION 1176 JAYSON A. STRINGFELLOW - VARIANCE REQUEST City Manager Saunders stated it had been requested that these items be tabled until the Council meeting of February 13, 2001 (time certain). A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to table Resolution No. 1176 and the Jayson Stringfellow variance request until the February 13 council meeting (time certain). RESOLUTION NO. 1177 Mayor Turville read the Resolution by title only. Planning Director Brown stated that the applicant, Dan'ell Carter, requests a Conditional Use Permit to allow the construction of a shopping center of up to 202,500 square feet of retail space and five out parcels. Director Brown gave the general location of the property and stated that the requested use is allowable in this district and at this location. It is the consensus of Staff that the applicant has met the intent of the grading ordinance to the greatest extent possible with the existing site conditions, and that the proposed grading plan and requested variances will allow reasonable development of the property while minimizing the loss of natural topography. He stated that the two variances requested were for a wall height of 10 feet as opposed to the six feet per code and that a single retail establishment may occupy 186,500 feet as opposed to the maximum 100,000 square feet per code. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in the following: Dan'ell Carter, 908 S. Delaney Ave, Orlando, applicant, spoke on behalf of the project. He requested the following changes to the Conditional Use Permit: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 16 1. Eliminate the prohibition of a gas station/convenience store as one of the five out parcels. 2. Dedicate a 20-foot right of way easement for the trail. 3. Dedication of right of way at Hancock Road and Oakley Seaver Blvd. be contingent upon the issuance of Certificate of Occupancy rather than commencement of construction. 4. Grading plan be approved in conjunction with Conditional Use Permit. 5. Add as a preamble to section regarding architectural design: "The following standards described in section 7 herein shall apply unless otherwise approved by the City of Clermont Site Review Committee." Scott Gentry, 1600 E. Robinson St., Orlando, spoke as engineer for the project and reviewed the overall project and grading plan. Linda Abrahamson, Minneapolis, MN, representative for Target Stores, spoke on behalf of project. Dick Tegen, 2292 Twickingham Ct., spoke in favor of the project. Elaine Tharp, 2322 Twickingham Ct., spoke in favor of the project. John Telsie, 1401 W. Hwy. 50, spoke in favor of the project. Frances Bramante, 1401 W. Hwy. 50, spoke in favor of project. Dale Ladd, 13714 Canal Dr., spoke in favor of project. Darryl Ladd, 11835 Hull Road, spoke in favor of project. Kelly Jo Williamson, 781 W. Osceola St., spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Eric Kelly, 1114 Windy Bluff, spoke in favor of project. Ken Norquist, 925 W. Minneola Ave., spoke in favor of project. Amy Moriarty, 16438 Lake Shore Drive, spoke against project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 17 Joe Heinzmann, 3618 Evanshall St., spoke in favor of project. Claude Smoak, 8810 CR 561, spoke in favor of project. Glen Wade, P.O. Box 37, Bushnell, spoke in favor of the project and gave a recommendation on behalf of Dan'ell Carter. Nancy Fullerton, 368 Montrose St., spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Kristy Clark, 12928 Lakeview Ave., spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Gail Ash, 3912 Pagan Ct., spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Gene Crossley, 1730 Sunset Dr., spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Larry Hardy, 920 Brogden Dr., spoke in favor of project. Bob Shaker, 230 Mohawk Rd., spoke in favor of project and about grading and roadways. Jose Acebal, 13426 Lotlolly Lane, spoke in favor of project but had concerns about traffic. Ann Dupee, 389 Division St., spoke in favor of project and stated that roads in that area should be completed. George Hovis spoke in favor of project. Gene Cantwell, 1953 Brantley Circle, spoke against project due to size. David Lofgren, 696 Shady Nook Drive, spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Hope Lamb, 519 Mamemar, spoke against the project and at length about 'big boxes' and the possibility of going dark and the negative impact on the community. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 18 Howard Barry, 439 Can'oll St., spoke against project. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition to the variance request for a single retail establishment of 186,500, but in favor as a 100,000 foot store. Also expressed concern about the store 'going dark'. John Moore, 1984 Brantley Circle, spoke in favor of project. Jeff Duke, 11634 Audubon Dr., spoke in favor of project. Shannon Elswick, 12903 Magnolia Pt. Blvd., spoke in favor of project. Mr. Carter addressed concerns and issues of the public and made final comments. Mayor Turville questioned how many Super Targets there are in the country, and how many 'dark' Targets there are in the country. Linda Abrahamson of Target stated that there are thirty Super Targets in the country and she does not know how many Target stores are currently 'dark'. She stated that in a lot of cases they tear down the old Target to build the new Super Target. Mayor Turville stated that his concern is that Target may at some point close the store but allow it to remain 'dark' to avoid competitors coming into the area. Council Member Renick asked Ms. Abrahamson why Target refused to sign a 'no dark' agreement. She stated that she does not understand the reluctance to sign if Target is saying this will not occur. Ms. Abrahamson stated that she was not sure what the City would have with this agreement, particularly since she had not looked at any research regarding this issue. Council Member Renick stated that it seemed contradictory to her not to sign such an agreement if Target was so confidant that they would stay. Ms. Abrahamson responded by asking what 'going dark' means in terms of a guarantee. Mayor Turville stated that, typically, there is a time frame involved and that the major concern was that the building not sit dark without a new retailer coming into it. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 19 Ms. Abrahamson stated that there were alternatives such as breaking the building into smaller retail spaces. Mayor Turville asked if Mr. Carter would explain the data in their traffic analysis since the Super Target would operate between the hours of 8:00 a.m. and midnight but the analysis data is for a 24 hour operation. Mr. Carter stated that the five out parcels would also generate traffic and this was taken into consideration. Mayor Turville outlined the traffic analysis to the public and stated that, based on the entrance to the shopping center at Highway 50, his concern was that the number of trips per hour based on the data would create an unacceptable backup of traffic at the light because there is not enough stacking capacity in the Target lot. He also stated that the idea of diminishing traffic in that area as a result of not going to Orlando to shop was false because the traffic will still travel to that area to shop at the Super Target center. He voiced concern about the out parcels and the traffic generated them, and that the reason Staff did not want a gas/convenience store as one of the out parcels was to reduce traffic flow. He then stated that almost half of the traffic would be associated with the out parcels and it was unclear how this would affect traffic flow in the area, and stated that the Department of Transportation had rated the traffic at the light as a 'D' and asked if anyone could clarify the rating. Mr. Gentry stated that 'D' is an acceptable level of traffic and that you have to see 'E' or lower to see a significant backup of traffic at the light. Mayor Turville said that he felt it would be comparable to the light in Ocoee in front of the Walmart shopping center. Council Member Renick stated that it still was a progression downward as far as time spent at the light. Mr. Gentry stated that, typically you see lights start out with a high 'B' at best and go downward from there. Mayor Turville asked how the traffic suggested in the analysis was going to get through that light at a normal rate. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 20 Mr. Gentry stated that they had padded the analysis somewhat in order to give a worst-case scenario of the traffic in the area. Mayor Turville asked if they only threw the convenience market in to add to the traffic count. Mr. Gentry said that they had wanted to cover every possibility. Mayor Turville asked if they really did want to maintain a convenience/gas market in their plan. Mr. Gentry stated that this type of store shows as a higher traffic area than others and they wanted to make sure to look at the worst case scenario. Mayor Turville stated that it was not possible for him to use the traffic analysis provided to determine the peak traffic issue because the hours of operation were different than the hours used to compile the data for the study and asked how he could determine what the peak traffic would be. Mr. Gentry stated that he could not answer the question, but that a great deal of the traffic generated in the area already existed. Mayor Turville stated that he is not happy with the location of the proposed shopping center, being situated between an upscale residential neighborhood with golf course and a college campus. He stated that the capacity of the intersection was full. Mr. Gentry stated that the Council should also look at the fact that there would be a variety of services offered in the one center, so that residents of the area could make one stop as they are driving home for their needs instead of several. Council Member Renick stated that the Council should bear in mind that the commuters who work outside of town will have to deal with the congestion around this new shopping center. Council Member Biddle stated that other routes had been and were being developed to deal with that issue, if he understood correctly. Mayor Turville stated that his concem is that those alternative routes may not be sufficient in the near or far term. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 21 Council Member Mullins asked the purpose of changing the timing of the dedication of the right of way fi:om prior to commencement of construction to prior to issuance of Certificate of Occupancy. He stated that, to his way of thinking, the sooner the dedication occurs the sooner the roads get built. Mr. Carter stated that, at the request of City Manager Saunders and City Attorney Guthrie during the break, he would withdraw his request for that change. Council Member Mullins asked for confirmation from Mr. Carter that there would be five entrances/exits in the shopping center. Mr. Carter confirmed that number. Council Member Biddle stated that he would prefer to see the gas/convenience market option removed. Mr. Carter stated that he would remove that request as well. Mayor Turville asked how many square feet of the Target store would be for grocery and for garden center. Ms. Abrahamson stated that grocery portion would be approximately 30,000 square feet and the garden center approximately 10,000 square feet. Council Member Renick stated that she is not against the site being commercial or having a Target there, but asked if as much as fifty feet would have to be filled in order to build on this site and if so why there has been no request for variance in order to do this. City Manager Saunders stated that the grading ordinance states that commercial property is limited to 15 feet of cut or fill unless otherwise approved by the Council. It is not a variance requirement but requires a Council approval of the grading plan. The applicant did submit the grading plan, which was received by the Council Members about two weeks ago. Council Member Biddle stated that he did meet with Nick Conderuso of Levitt and Darrell Carter last week to look at the property. He stated that at first glance it appears that the topography makes it impossible to put anything there, but when you look at all angles you realize that it is possible to build on the site and use a 'terracing' effect to preserve as much of the land as possible. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 22 Mayor Turville asked if the whole project would be 20 acres set on the 40 acre site. Mr. Carter stated that 25 acres would be more realistic. Mayor Turville also asked if the out parcels would have their own parking. Mr. Carter confirmed that they would. Mayor Turville stated that his decision tonight must relate to the land use as well as the objectives and goals of the City but that he hopes that Mr. Carter would understand that, no matter the outcome of tonight, he is greatly appreciated by the City for all of his good works. City Manager Saunders recommended that the language regarding the trail and its right of way should be amended to read 'up to SO feet', as agreed to by Mr. Carter and the City. Council Member Mullins stated that he is in favor of the project and feels that if there is a need for a store that size then it should be built rather than have it be inadequate in 5 years. He also feels that he is convinced that the project in its current state is the best it's going to get. He stated that towns must grow and we should stop driving to Orlando to shop, and as an overall picture it would benefit Clermont to have shopping and more jobs here. Council Member Biddle stated that he was glad that design restrictions would not permit the big box look, but force conformation to the restrictions. He also feels that the city must have some commercial growth in the area to survive. Council Member Renick stated that the super center cuts down on variety. She also commented that, if approved, this project would be almost double the size allowable right now and that we cannot go back once this decision is made. She stated that every major 'big box' would be coming to the area. Mayor Turville stated that the City should make developers stick to the plan that they feel is best for the growth of commercialism as it applies to the City. He stated that if the public wants diversity in shopping, then he feels that approving this project will prevent rather than further that goal. City Manager Saunders recommended that there be no change to the language regarding prohibition of a gas/convenience store and the applicant withdrew the request. Mr. Saunders recommended the Resolution be amended as follows: Change to the language regarding the trail, stating 'a piece of land up to 30 feet' rather than 20 or 30 feet and state that 'the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 23 applicant has submitted a grading plan in conjunction with the Conditional Use Permit and the grading plan is hereby accepted by the City Council'. Also amended will be the portion regarding architectural design standards, adding: 'the following standards describe and hereby shall apply unless otherwise approved by the City Council'. These standards apply to the Super Target and the out parcels. Council Member Mullins stated that the 'going dark' issue and the 100,000 square foot rule had recently been discussed at a workshop by the Council and the consensus was that it was an interesting tool at the time it was created but it no longer really applied. It was decided that it would be left in place so that developers would make variance requests in order to build over that size. Mayor Turville stated that he is not interested in violating the 100,000 square foot rule and he has grave concerns regarding the traffic issue. Council Member Renick stated directly to Council Member MacLauchlin that her fears were that if we allowed this to pass we would have no leverage with the other big retailers who come in. She fears that the smaller retailers would not want to come in after that and that she feels we are not ready to make that decision. A motion was made by Council Member Biddle, seconded bp Council Member Mullins and carried by a three to two vote, with Mayor Turville and Council Member Renick as the opposing votes, to accept Resolution No. 1177 as amended. MAYOR PRO TEM motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to elect Council Member Jeff Biddle as Mayor Pro Tem_for the 2001-2002 term. PLANNING & ZONING COMMISSION Mr. Saunders stated that the following individuals were discussed as possible appointees at the previous workshop: Joseph Bonjom David Lange Richard Tegen Gene Crossley John Carlson David Pape CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 2001 Page 24 A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to appoint these individuals to the Planning & Zoning Commission for twoyear terms with the exception of Mr. Bonjorn serving a one year term. CODE ENFORCEMENT BOARD Mr. Saunders stated that the following individuals were discussed as possible appointees to the Board at the previous workshop. Vem Schneider Elaine Tharpe Frank Caputo A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to appoint these individuals to the Code Enforcement Board for three year terms. Mayor Turville stated that the remaining appointments should be considered at the next meeting. There being no further business the meeting was adjourned at 2:50 a.m. Harold S. Turville, Jr. Mayor Attest ~k