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11-23-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 The Clermont City Council met in a regular meeting on Tuesday, November 23, 2004 in the Council Chambers'at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Ash, and Goodgame. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders reminded everyone Light up Clermont will be held December 3 with the parade at l:00pm on December 4. Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame - No Report Council Member Mullins - No Report Mayor Turville - No Report CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item - 1 Home Depot Request for an Open Air & Tent Permit to sell Christmas Trees in the Parking area adjacent to the Garden Center beginning 11/24-12/26/04 Item - 2 First United Methodist Church Request for an Open Air & Tent Permit to sell Christmas Trees at the corner of Hwy 50 and Seventh Street Item - 3 Event Request Request use of Palatlakaha Park Tennis Courts by the South Lake Girls Tennis Team for a tournament on December 11, 2004. Council Member Mullins moved acceptance of the consent agenda; seconded bY Council Member Goodgame. The motion passed with all members present voting "ave ". UNFINISHED BUSINESS Ordinance 497M- Final Hearing Ordinance 484M - Final Hearing Ordinance 498M - Final Hearing City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Mayor Turville informed the audience Ordinance 497M, 484M and 498M will be pulled from the agenda. City Manager Saunders stated the Council did not introduce the ordinances because the applicant failed to properly post the property. The introductions will be at the December meeting with the final public hearing on January. Variance Request. Jimmy Crawford Planner Henschel advised the Council of the applicants request for six variances. The owner is Bill Lindemann and the applicant is Jimmy Crawford of Gray, Harris & Robinson, P.A. The parcel is located on the north side of 50, between Tenth St. and Linton Ct. and south of Broome St. The requests are to allow for 10 ft. wide buffer along Tenth, Linton and Broome Streets; to locate a driveway 37 ft. from the intersecting right-of-way lines for Tenth St and Broome St.; to locate a driveway 42 ft. from the intersecting right-of-way lines for Tenth St. and Broome St.; to construct a building 15 ft. from the rear property line; to construct a building 15 ft. from the Broome St. right-of-way; and to allow for the absence of a landscape buffer adjacent to a retaining wall as required by Section 118-40. In May 2003, the owner was previously approved for the variance request. The variance was voided after one year because the owner did not start construction. The owner would like to move forward with the original project with one change. The change includes moving the retaining wall out to the property line adjacent to Linton St. This will allow the full landscape buffer to be placed at the parking lot level. Staff supports the request. In addition, staff recommends approval of the requested setback .variances and driveway location variances. The requested variances if granted should apply to office use only and to this site plan specifically. Jimmy Crawford, applicant, was present on behalf of the owner. He advised Council that ownership of the property had changed since the previous request was approved. Staff asked for a change in the retaining wall on the west side. The property is zoned C-2 and acknowledged there would not be a problem if Council would like to limit it to professional office only. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Ash inquired about number of variances requested for one site. Jimmy Crawford addressed the question with the site being unusual in that it is one surrounded on four sides by rights of way. Under the current setback in landscape buffers, only 40% of the property is build able. The plan has been amended 4 times to address staffs concerns. Council Member Goodgame suggested a right turn only on the exits out of the property. City Manager Saunders noted that section of Broome Street has very little traffic which is the reason why staff was not concerned about the distance from the intersections. Furthermore, this is the only site with rights of ways on all 4 sides. Mayor Turville concurred with staffs request for the additional variance. Council Member Mullins moved to grant the variances as requested; Mayor Turville passed the gavel to Council Member Ash to second the motion. City Manager Saunders remarked the site is zoned commercial and the applicant is doing a good job with the offices on this property. If this project were to end, we could be in a situation of not having an opportunity to apply restrictions on this site if someone else were to come along and meet the requirements without asking for a variance. In reference to the additional variance, code requires landscaping in front of a retaining wall; however in this situation, with the variances requested before, it placed a small landscape buffer above and below the wall. Staff recommended an improvement to provide more room for landscaping by requesting an additional variance of moving the wall to the adjacent sidewalk. 2 City of Clermont MINUTES REGULAR' COUNCIL MEETING November 23, 2004 Council Member Ash reiterated her concern for the number of variances requested. Jimmy Crawford explained the original request was larger and worked with staff on making changes. This lot was not created under the current code. Council Member Mullins stated the position of the Council is to grant variances if justified and concurs with staffs recommendation. Mayor Turville called for the question. The motion passed 3 to 1 with Council Member Ash voting "nay". Variance Request - SOuth Ridge Planner Henschel introduced the request located at South Ridge Subdivision located at the southwest corner of Hook and Hancock Road. The applicant/owner is Greater Construction Corp. The variance request is to allow for a 27 ft. driveway and apron instead of 20 ft. for all parcels within the subdivision. The lot sizes, proposed models, and front setback (20 ft.) of the lots within the subdivision do not provide sufficient lot depth for the driveway to be flared from 20 ft. wide at the lot line to 27 ft. wide at the garage entry. Without the 27 ft. width from the edge of the road to the lot line, homeowners that select a 3 care garage will likely encounter problems with driving over the curb and right of way landscaping strip to utilize the driveway. The 27 ft. width will provide a much cleaner look to the subdivision and require less maintenance of the right of way. However, staff does not see that having a 3 car garage creates a hardship. Staff does not support the variance request of 27 foot driveways. Bob Mandell, CEO of Greater Construction Corp., requested approval of 3 car garages to'be an asset to the community. Mayor Turville opened the public hearing. There were no comments. Mayor Turville dosed the public hearing. Council Member Mullins asked the minimum and maximum of a driveway. City Manager Saunders answered the code allows for a 20 ft. maximum and there is not a minimum. Council Member Mullins questioned the reason staff opposes the request. City Manager Saunders stated a standard has been set by the Council at 20 fi. wide and it would reduce the green area on the right of way. The applicant stated the homes are averaging 2,600 sq. ft. and there is a demand for 3 car garages. Also, there is at least an 18 ft. separation between driveways. Council Member Ash questioned the difficulty of putting a 3 car garage in a 20 ft. wide driveway. Mr. Mandell responded with the reason is the rear yard set backs require the houses to be pushed forward a lot. The person needs to be able to back their car out of the driveway and turn it around before pulling out onto the street. Council Member Mullins mentioned the size of vehicles are larger and suggested considering the allowance of wider driveways for 3 car garages to accommodate larger vehicles. Council Member Goodgame moved to accept the variance as presented; seconded by Council Member Mullins. The motion passed 3 to 1 with Council Member ~4sh voting "nay". 3 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 NEW BUSINESS Utility Agreement - Imagine Schools Darren Gray, Assistant City Manager, informed Council this agreement is a request for water and sewer services to a charter school. The applicant is Bouma Corporation, Imagine Schools and the owner is Ladd Development Group. The property is located south of Highway 50, north of Hartwood Marsh Road and north of the Hartwood Pines subdivision. The school will consist of 3 buildings and house 700 students grades K- 5. City Engineer has determined we do have the capacity to serve the project and it is in our JPA area. Staff recommends approval of the agreement. John Vanderley was present to represent Imagine Schools. The reason for the request is a time constraint which is for the school to begin next August. He noted they will be proceeding with the zoning application in Lake County with the understanding to annex into the City of Clermont. The Lake County School Board is in favor of the project as it will relieve pressure from other schools in the area. Bernadette Duboss, 2086 Dobson Street, Kings Ridge, voiced concern with traffic safety having a school in the area and suggested a traffic impact study. Louis Blanchard, 2412 Twickingham Court, Kings Ridge, stated that he has no objections with a school but would prefer another location. Hancock Road already has 2 schools on it. Jim Purvis, 4206 Hammersmith, Kings Ridge, expressed concern with the safety of children on Hancock Road and stated the road was not planned for these developments. If there are improvements to Hancock Road, he will support the school. Furthermore, asked Council to place constraints on approving the request. Mayor Turville stated that we can provide water and sewer. The questions raised by the residents are not in our jurisdiction. Mr. Purvis suggested considering the application when providing a better egress than what was going to be there. Mr. Vanderlay informed Council the traffic study is underway and agreed to work with staff. The school board has requested input on the school population. He requested proceeding to the next point to review the traffic impact study and discuss in cooperation with the City of Clermont. Council Member Ash mentioned the study will not show the future development of Lennar that will start being built the beginning of next year which is approximately 1400 homes. At this point, we can only address whether to provide sewer and water. She asked the Council compose a letter to the County, since it has not yet been finalized in the County, stating that we strongly object to the location of a school due to a dangerous traffic situation. Council Member Ash moved approval of Utilities Agreement for Imagine Schools; seconded by Council Member Mullins. Council Member Mullins stated if the school is denied, we will not provide utilities. Mayor Turville asked to the total acreage on this site. Mr. Vanderlay replied that it is 9 acres. Council Member Goodgame recommended a traffic light for the intersection and is opposed to the school location. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Council Member Mullins is not opposed to the school site location. Mayor Turville questioned the Council do we think differently on providing water and sewer if they already had approval from the county City Manager Saunders added that if it is in the JPA, the city is the provider and this is in the JPA area. Also, this is the first step then they will be going through the zoning then the site plan review which requires the traffic study. City staff will be involved with those reviews and making recommendations for traffic improvements. That study will have to take into account the planned Lennar project which may show a need for a traffic signal. Council Member Ash encouraged everyone to attend the county meetings then called for the question. The motion passed 3 to 1 with Council Member Goodgame voting "nap". Utility Agreement- Galleon Bay Landings Darren Gray, Assistant City Manager, informed Council of the request for water services to a residential subdivision. The applicant is Robert Holston, Galleon Bay Landings LLC, and is requesting water service to a 73 lot residential subdivision named Galleon Bay Landings. The site has been identified as an E.D.B. site by the State of Florida. The State has encouraged the property owners to talk with Utility providers to supply potable water to the site. The property is located north of the Florida Turnpike, south of Gourd Neck Springs and west of the Lake County/Orange County line. The property is located within the Town of MontVerde's Utility Service area however, they cannot serve the project. According to our City Engineer, to provide potable water to the project, a new water line, approximately 10 inches in diameter must be installed under the Florida Turnpike. The Florida DOT requires the City of Clermont own and maintains all pipes crossing their right-of-ways. Therefore, the City could potentially be responsible for repairs of the Florida Turnpike in the event of a water main failure. This request is only for water service. The project is planning the use of septic tanks on individual lots. Staff recommends denial due to the project being outside of the City of Clermont's Utility Service Area and outside of the JPA. Randy June, 232 S. Dillard Street, Winter Garden, representing the project requested the City of Clermont provide water service. Mayor Turville advised that the water should come from Ferndale. He expressed no interest in providing water service. Council Member Ash expressed concern with the lines under the Turnpike and the maintenance of lines. Council Member Mullins voiced concern with the Consumptive Use Permit and is not comfortable with providing water service. Council Member Mullins moved to deny request for water service outside the ci~_ service area; seconded bY Council Member Ash. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 825pm; the meeting reconvened at 8:45pm. Variance Request- Behnken Planner Henschel explained the applicant, Ronald Behnken, is requesting a permit to construct a seawall within the 100 year floodplain at 1900 Lakeshore Drive. The recent rains and flooding have created shoreline problems requiring immediate attention. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Mr. Behnken has discussed the seawall and reclamation plan with the Department of Environmental Protection. He has obtained verbal permission from the department and recently submitted an application awaiting approval. He is afraid of further damage if he waits much longer. Staff recommends approval of the variance request based on hardship to the applicant. Ron Behnken showed pictures of the property before and after the storm and asked Council for the seawall to protect his property. Mark Macrafie was present to represent the Macrafie trust as the adjacent property owner to the east of Mr. Behnken. He suggested the Council approve the request for a seawall. If approved, he stated his intention to apply for a variance to construct a seawall. Mayor Turville asked City Manager Saunders of any concerns of constructing seawalls that would create a problem for neighbors. City Manager Saunders stated the walls shown on the site plan were for the purpose of protecting the adjacent property. Mayor Turville inquired how long we have had the 100 year flood plain. Mr. Saunders stated there is a section in the code allowing encroachment in the flood plains of single platted lots that is undeveloped. Council Member Goodgame asked for a drawing of what is being planned to build. City Manager Saunders explained that he will have to submit plans to the city and county for approval to meet the engineer's specifications. Council Member Ash moved approval o]: the variance request ]:or Behnken; seconded by Council Member Goodgame. The motion passed with all members present voting "ape ". Transmittal Hearing- Tuscany Village Planner Hollerand advised Council this is a transmittal hearing for a proposed large scale amendment to the Comprehensive Plan. It has been heard by the Planning & Zoning Board and will be reviewed twice since it is a large scale. It will be sent to DCA should Council choose to approve for transmittal. Also, it will go to a review agency then will return with an ORC report which advises us of any changes to be made. Then, it will come back to the Council for adoption. This will be the first of 2005 Comprehensive Plan amendments and would likely hold it to not use it so early in the year since we are allowed two. She advised the audience to sign up for the mailing list, if there is any interest, to be advised from the Department of Community Affairs of the Notice of Intent for this amendment should it proceed through the adoption process. It is a 60 acre parcel located on both sides of 27 between Kings Ridge and Lost Lake Reserve. It would require both a map and text amendment to allow for a project that has commercial/professional office use. It will be at the intersection of the proposed South Lake Connector/Citrus Tower Blvd. extension. The applicant is proposing a commercial project therefore a map change is required to change to commercial throughout the parcel. For the text amendment, item 7 is language the applicant has proposed adding to the UD-7 District language to describe the property and to allow commercial land use and professional office as a PUD on the west side and, on the east side, to allow commercial and/or professional office. Staff suggested, on the last sentence of number 7, only restaurant uses be allowed and no other commercial uses on the east side. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 City Manager Saunders clarified that professional office would also be allowed on the east side. The only difference is staff recommends not allowing any type of commercial use, on the east side of Hwy. 27; it would be restricted to professional office, restaurant use or residential use. The Planning & Zoning Board did recommend approval of the application as submitted by the applicant. Mr. Saunders added when this returns for the final approval, it does not approve the project. This is just the land use that will be a Planned Unit Development as stated in item 7; therefore, the details would return to the Planning & Zoning Board and the Council as a Planned Unit Development. Currently, this only allows residential and this will allow, under the Comprehensive Plan, these other uses to occur, then when it returns, the Council will be able to determine the appropriate types of uses. Cecelia Bonifay, representing the applicant, was present to discuss the proposal of a PUD for a 60 acre site. If transmitted, she indicated they will be filing a rezoning application. A traffic study has been conducted since it is required with the Comprehensive Plan. Upon returning to Council for final approval, they will have a detailed grading plan, landscaping plan and the specificity with the site plan of the overall layout of the center. In meeting with staff previously, Ms. Bonifay explained their intentions of trying to create a unique focal point of the area where the South Lake Connector crosses Hwy 27. Of which will be brought back to Council when they do the entire site plan. It will be named Tuscany Village. Ms. Bonifay asked the Council for transmittal of this and to have flexibility of allowing commercial and office professional on the east and west side. Also, requested text and map change from UD-7 to Commercial. Mayor Turville Opened the public hearing. Jim Purvis, 4206 Hammersmith, inquired about parcel C as to whether it would be filled into the existing lake. City Manager Saunders responded there will not be any fill out due to a rule regarding flood plains and the wetland area does not allow any fill or mitigation in that area. The proposal showed the platted ownership but it does not represent the area to be developed. Mayor Turville expressed concern with traffic at that intersection in regards to this project overloading the roads and the capacity to handle the traffic. Cecelia Bonifay stated the impacts have been reviewed with a traffic study. This project is destined to serve those already on the roadway going to and from homes and work. There are additional retail centers to serve those other surrounding areas. City Manager Saunders addressed the concerns of the roadway. He agreed with the importance to not inhibit the bypass route. In discussing this project with the property owner, staff asked for limited access points to this road onto those parcels to not create too many curb cuts along that section. Upon receiving the final development plan, they will be required to have an internal roadway system on those parcels with limited access to the 4 lane highway to not inhibit flow of traffic. Council Member Ash questioned the reason staff recommended a restaurant on the east side. City Manager Saunders replied that the original recommendation on the east side was residential/professional only without any types of commercial due to meeting commercial needs on the west side. However, after reviewing, staff felt that restaurant type commercial on that side would not create the type of problems like a convenience store/gas' station would or other general commercial type located there. City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Council Member Goodgame questioned the types of uses in parcel A of the project. Ms. Bonifay answered they will not know the specific uses until the return with a PUD. Mr. Saunders reminded Council at this point they are only to consider transmittal of this change that would allow uses at a future date. On the current comprehensive plan, the only use allowed is residential. The applicant will return with their request for uses. Mayor Turville stated his concern to ensure viability of that route is maintained. Jane Caldera, Avid Engineering, informed Council she is a traffic engineer working on this project for 4 to 6 months. The constraints of the topography along with the access management regulations the County and State has, it will have good internal connections to move traffic. There will be no traffic lights along the connector and potentially a traffic light at Hwy. 27 at the church and this project which would be a decision by the DOT, City or County. Council Member Mullins moved to transmit as submitted by staffs recommendation; seconded by Council Member Goodgame. The motion passed with all members present voting "ave ". Resolution 1414 Mayor Turville read Resolution 1414 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for the construction of a retail center that will accommodate eight (8) businesses. Planner Henschel explained the Conditional Use Permit request by KRV Clermont Corporation. The applicant is Steve Kelly. The request is to allow for a retail shopping center with more than four (4) users. The parcel is located on Highway 27, north of Hartwood Marsh Road. The parcel is zoned PUD as part of the overall Kings Ridge Development. It is in an area designated for commercial development as part of the master development plan. In July 2004, the developer obtained approved plans by the city to build the shopping center as presented on the site plan. Four (4) users were planned for the building, not requiring a Conditional Use Permit. Now, the developer has eight (8) proposed users. The site plan and building will remain unchanged from the approved shopping center. The request is for additional users; not an increase in space. On section 2 of the land use, number one'(l) the statement of"Restaurants are not permitted" should not have been listed. If they were to have restaurants, the developer would have to prove parking would be sufficient for restaurant space. With that correction, staff does recommend approval of this Conditional Use Permit with more than four (4) users on the commercial site. Steve Kelly, KRV Corp., was present and available for questions. He commented the site plan has been reviewed by staff several times with revisions. The building will be consistent with Am South Bank which is located next to the proposed site. Mayor Turville stated if the applicant chooses to have a restaurant, the parking calculated does not include that use. Mr. Kelly noted he has no intentions of having a restaurant. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Jim Purvis, 4206 Hammersmith, questioned the expansion of the shopping center. He asked if this area is hooked up to the irrigation provided by Kings Ridge to the Publix shopping center and to the Fire Department. If so, he voiced concern of maintenance to the irrigation system and hours of operation of the stores. Louis Blanchard, 2412 Twinkingham, suggested Council table the motion until the type of business is known. Mr. Saunders clarified the project is not an expansion of what the City Council has already approved. The only difference is the building will be divided into eight (8) spaces instead of four (4). All of the same requirements approved initially are still intact with this project. It will be served by an irrigation well instead of the central system. Mr. Kelly addressed the concerns by stating hours of operation will not be 24 hours a day but possibly ll:00pm weekdays and midnight on the weekends. The dumpsters were addressed at the last public hearing with restrictions in place. There were restrictions placed on the types of uses outlined in the master agreement. Mayor Turville asked for those restrictions to include in the Conditional Use Permit. The material was not on hand to provide. Therefore, he recommended tabling until Council could review the document to add to the CUP. Council Member Mullins moved to table to December 14; seconded by Council Member Goodgame_ The motion passed with aH members present voting "aye ". Resolution 1415 Mayor Turville read Resolution 1415 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1377 to remove the condition that Grand Highway be reconstructed as a three (3) lane roadway from Highway 27 to Bloxam Avenue prior to the issuance of a Certificate of Occupancy. Planner Henschel introduced the Conditional Use Permit for the Progressive Development Group. The request is to amend Resolution 1.377 which was to allow a gas station and/convenience store at the corner of Hwy. 27 and E. Grand Hwy. The specific request is to remove a condition (Section 3, number 5) within the existing Conditional Use Permit requiring the applicant to construct intersection improvements prior to issuing a Certificate of Occupancy. After consideration, staff feels the intersection improvements are essential for the project to function properly. Therefore, staff recommends denial of the requested amendment. Cecelia Bonifay was present on behalf of BP. She distributed a chronology of the development of the site and briefly summarized beginning in February 2004 to present. Ms. Bonifay asked Council to consider removal of the condition to allow BP to have temporary access to proceed with opening the site. There have been delays in completing the intersection improvements. Also, the recent hurricanes have affected the area causing the unavailability of Progress Energy to accomplish work on the site which must be completed prior to construction. Joe Roggiero, Senior Transportation Planner, worked on the original FDOT study for this site. He evaluated the project impact on the improvements proposed at Grand Highway. It was determined there would be a capacity increase of 17.3% with an additional lane as traffic approaches the intersection at Grand Highway and Highway 27. He also assessed the safety requirements along the roadway and access to this development for the construction improvements at Grand Highway. The Department of Transportation requires the development of a maintenance and traffic plan allowing businesses to continue to operate safely. City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, voiced concern with the intersection request from BP and safety. Louis Blanchard, 2412 Twickingham Court, requested a vapor recovery system. City Manager Saunders stated the intersection improvements are necessary for staffto support any development on this corner. He commented that Mr. Shaker could have completed the improvements that were approved then BP would have had to completely rebuild it. It was discussed that it would be a financial benefit for BP to develop a solution to eliminate the original plans and incorporate the new changes to only have to build once. Mr. Saunders agreed it has been difficult with unexpected situations however the road improvements were discussed in the beginning. It was a significant condition of the Conditional Use Permit. Furthermore, he commented on the water line delay. Staff submitted comments on the first set of plans received for road improvements when staff noticed there was a sectional pipe that would have to be relocated. The engineer, who is no longer with BP, was made aware at their first formal meeting. Then, staff realized a DEP permit would have to be obtained and notified BP over a month ago. Staff received the permits for signatures today. Mr. Saunders strongly recommended keeping the condition in the CUP with the improvements to be made prior to the Certificate of Occupancy being issued. Ms. Bonifay stated that BP has been diligent in the process and asked for a temporary use of Hwy. 27 until the improvements are completed. City Manager Saunders clarified a statement made at previous Council meeting with regard to if Mr. Shaker moved ahead and built it with original planned configuration, the C, ity would have to rebuild it at some point. The idea is if the County builds it as planning, then some project comes along and provides the right of way needed to construct correctly, then the city would see to it that it was constructed correctly which was the intent of. Mayor Turville noted that all efforts have been well intended. He asked if the temporary access proposed on Hwy. 27 will be the finished access when given temporary Certificate of Occupancy. Leslie Bachelor, representing BP, confirmed the access on the approved site plan will be built as the temporary then once Grand Highway is completed, it will become permanent. Mayor Turville asked City Manager Saunders as it relates to Grand Highway, not sure how the safety factor changes if someone is doing the work with the station closed or doing the work without letting anyone go to an open station. Mr. Saunders stated they have other options in traffic management. He gave an example at Hancock Road and Hwy. 50 with intersection improvements prior to construction of the 7-11. They were. able to use part of the site to detour traffic while they had to close a lane to make improvements on the roadway. Council Member Mullins clarified the request in asking to open the facility with one entrance instead of two with the second entrance being built as quickly as possible. Both sides have worked hard but circumstances have intervened. Council Member Goodgame questioned the time frame of the project. Leslie Bachelor anticipates 90 days from now to obtain the DEP permit if all goes well and 60 days for the station to be open with one (1) entrance as a best case scenario. Mayor Turville was uncertain in having the station open or closed while working on Grand Highway. If ready to open, he does not mind them using Hwy. 27. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Council Member Mullins asked when they would be ready for a Certificate of Occupancy. Andy Mulligan, BP Project Manager, answered they would ready by December 31st. Mayor Turville asked for language, that would not eliminate the provision to have the road work done to get the Certificate of Occupancy. The intent was to have it open then and due diligence with the exercise to ensure that it was done as promptly as possible. City Attorney Mantzaris stated it is important to be dear that the Council is not reconsidering a condition that was approved in May 2004. That condition was an appropriate part of the Conditional Use. They are asking for relief based on that condition. He proposed adding the following language after the current condition set forth on Section 3, paragraph 5, on page 3 of the prior CUP: "Provided, however, in the event the aforesaid intersection improvements have not been completed at the time of application for a Certificate of Occupancy, a Temporary Certificate of Occupancy shall be issued under the following conditions: A. access to the site shall be limited to US 27; B. the Temporary Certificate of Occupancy shall automatically expire ONE HUNDRED AND TWENTY DAYS from the date of issuance it is issued unless the above-referenced intersection improvements have been completed; and Council Member Mullins so moved with 120 days; seconded by Council Member Ash. City Manager Saunders expressed concern with allowing a Certificate of Occupancy to be issued prior to the improvements. He suggested additional language for a bond on the improvements in case we reach the 120 day mark and the improvements have not been completed. Cecelia Bonifay agreed with the bond proposal and further commented they previously discussed the idea of a bond with Planning & Zoning. Mr. Saunders suggested 150% of the estimated construction cost. Council Member Mullins moved to amend the motion; seconded by Council Member Ash. The motion passed with all members present voting "ave ". Resolution 1416 Mayor Turville read Resolution 1416 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1383 to remove the condition that Grand Highway improvements must be complete at the time of issuance of a Certificate of Occupancy. Planner Henschel advised Council of the Conditional Use Permit by Progressive Development Group; owners are Sebastino and Antonia Poma. The request is to amend an existing Conditional Use Permit Resolution 1416 whifih allows for a gas station/convenience store to be located at Highway 50 and Grand Highway. The request is to remove a condition in the Conditional Use Permit requiring the applicant to construct intersection improvements prior to issuing a final certificate of occupancy. In section 3C, the language states that the Grand Highway improvements must be completed at the time of Certificate of Occupancy. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 City Manager Saunders suggested language similar to the previous request relating to a bond with a time limit. Cecelia Bonifay, Esq., representing the owner, reviewed the chronology of the proposed pr6ject. The difference at this intersection is to be able to have temporary access on Grand Highway. She agreed to work with the same language approved by Council on the previous request. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Dr., disagreed with this request being different from the previous intersection request. Council Member Mullins asked for clarification on the request is to open with a completed entrance on Hwy. 50 and a temporary entrance on Grand Highway and inquired about a timeline. Cecelia Bonifay estimated the completion is approximately 8 months. She added that BP is working with the City's requests. The original CUP required BP to be responsible for 3 lanes at that intersection however, when meeting with staff, it was determined that a larger intersection was needed consisting of 4 lanes with an additional turn lane. Council Member Mullins suggested a one (1) year time frame. City Manager Saunders opposed the connection to Grand Highway without the road improvements. Council Member Ash prefers to table this request until they know more of a realistic time frame of the progress of the project. Council Member Mullins inquired about the possibility of a temporary left turn lane by widening the road to the west during construction. Joe Roggiero, Senior Transportation Planner, stated the improvements proposed for this section of road will have to be done in an incremental basis. During that time, there will be congestion due to having to close some lanes during the construction period but there will always be two (2) through lanes of traffic. By allowing the access to the rear, it will not increase the amount of congestion. City Manager Saunders stated his concern is the lack of a south bound turn lane into that connection on Grand Highway. A temporary widening of the road, as suggested by Council Member Mullins, would create that left turn lane to get into the site. Council Member Goodgame inquired about a north bound entrance off of Grand Highway. Mr. Saunders agreed to possibly restrict that connection at Grand Highway as a right in only. Leslie Bachelor, BP Representative, stated the issue is the timing and 8 months is a long time with restricted access. Council Member Goodgame noted the only restriction is the left turn off of Grand Highway going south. Leslie Bachelor suggested a temporary left turn by widening the pavement to install the turn lane until the road improvements are complete. City Manager Saunders suggested only agreeing to the turn lane designed for the site. He proposed the south bound lanes and turn lanes be constructed then come back to do the north bound lanes. Furthermore, he would not recommend allowing BP to come in without the left turn lane. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING November 23, 2004 Mr. Saunders concurred with the recommendation of Council Member Ash to table this request. This will allow City staff and the BP engineer an opportunity to look at what temporary improvements could be made to the road that would be acceptable prior to the permanent improvements being made. Cecelia Bonifay agreed with the recommendation as long as staff could meet prior to the next Council meeting. Council Member Ash moved to table Resolution 1416 to December 14; seconded bY Council Member Goodgame. The motion passed with all members present voting "aye". Resolution 1410 Mayor Turville read Resolution 1410 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the · City of Clermont for Fiscal Year 2003-2004 City Manager Saunders explained this resolution summarizes the changes in order to close out the fiscal year budget. Council Member Mullins moved adoption of Resolution 1410; seconded by Council Member Ash,. The motion passed with all members present voting "aye ". Mayor Turville stated this is the end of the published agenda and opened the floor for any comments. ADJOURN: With no further comments, the meeting was adjourned at ll:40pm. APPROVED: 13