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06-24-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 24, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Warren. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES A motion was made by Council Me~nber Caputo, seconded by Council Metnber Ash, and carried unanimously to approve the minutes of the Regular Council Meeting, heM June 10, 2003. REPORTS City Manager Saunders City Manager Saunders requested to schedule several workshops to discuss the proposed budget for the upcoming fiscal year. Dates selected were 7/14, 7/16 and 7/21. All workshops will be held at 6:00 P.M. at the Police Department Community Room. City Attorney Guthrie - None Council Member Ash - Council Member Ash stated she had attended the Lake County Board of Con~nissioner meeting and advised that the Hartle Rezoning will be heard on 8/26/03. Council Member Caputo - None Council Member Renick - None Council Member Mullins - None Mayor Turville - None CONSENT AGENDA Mayor Turville asked if anyone wished to pull any item of the Consent Agenda for discussion. Item - 1 National Softball Association State Tournament Clenuont Girls Softball League request for use of Hancock Park, July 4-6, 2003, with reduced fees Item - 2 Trail Lighting Purchase Approval to purchase lampposts City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 2 A motion was made bv Council Member Caputo, seconded by Council Member Ash, and carried unanimously to approve Items 1 and 2 of the Consent Agenda. NEW BUSINESS Joint Planning Agreement City Manager Saunders stated that the proposed Joint Planning Agreement (JPA) is a product of the joint efforts of the City of Clem~ont and Lake County to ensure that the areas included in the JPA will be developed in a consistent manner and provide for logical urban expansion. Lake County Planning and Zoning Commission will review the proposed agreement on July 7 and the Board of County Commissioners will hear the proposal at July 22 meeting. Mayor Turville opened the meeting to public discussion. Mrs. Peggy Cox, a County resident, stated she had serious concern with the language of the proposed agreement and further suggested that the agreement favors development, specifically City development, rather than protecting the future development of the County. Mrs. Cox specifically referred to page 2 of the proposed agreement, line 11, regarding "areas likely to be annexed". Mrs. Cox asked for a definition of "pre-urban", as stated on page 7, and also requested further explanation of future and current responsibility of private and City utilities in the JPA. Mrs. Cox stated she and most of the residents in her neighborhood are opposed to the JPA. Mrs. Nancy Fulle.rton, citizen of Clermont and property owner in the Green Swamp area, agreed with Mrs. Cox's concern and expressed her disapproval of including the Green Swamp area in the JPA. Mrs. Fullerton stated she supports approval of the JPA, but requested that Council review the inclusion of the Green Swamp. Mrs. Fullerton suggested that the JPA be revised to be more of an instrument of protection than development. Mrs. Crystal Seidel, of Winter Garden, stated she was concerned about the rate of development in west Orange County and asked what are the plans for the property in the JPA that is adjacent to Orange County. Mrs. Seidel stated the agreement appears more of a plan for development rather than conservation. Mrs. Cox pointed out that the JPA map on display and the map being utilized on the overhead viewer were different. The boundaries to the west appeared to be different. City Manager Saunders pointed out an additional area on the map, not shown on the overhead. Planning Director Brown apologized and corrected the overview to show the correct boundaries. City Manager Saunders stated the JPA does not provide specific future pla~ming of the area, but provides the mechanism for the City and County to work together regarding these areas. City of Clermont '~' MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 3 City Manager Saunders stated it appears that the proposed agreement does not adequately express the City and County's concern for the Green Swamp area mad emphasized that it has always been the intention of the City and County to provide additional protection for the area. Mr. Greg Welstead, Director of Planning for Lake County, in an effort to clarify the intent of the JPA, suggested referencing protection standards offered by statute. Mayor Turville asked what was the pleasure of Council and suggested tabling consideration of the JPA to a date certain, in order to allow for a review of the document, and to ensure that the intent of the City and County is clearly presented. Council Member Caputo concurred. Council Member Renick suggested the following changes; page 1, line 25, change "ensure continued growth" to "logical growth"; and page 3, line 8, change "may" to shall. Council Member Renick referred to page 2, line 11, "and areas likely to be annexed become a part of the City during the life of this agreement". Council Member Renick pointed out the life of the agreement is only for 5-years and suggested that language could be interpreted as very aggressive. Council Member Renick also stated that the approval of the JPA does not give the City any additional control, but it does put in place a mechanism that provides the opportunity for the City and County to work together for the betterment of Lake County. A motion was made bp Council Member Renick, and seconded by Council Member Mullins, carried unanimously for approval, to table consideration of the JPA to date certain of Ju!¥ 22,2003. CHAMPION INN VARIANCE REQUEST Planning Director Brown advised the applicant is requesting a Conditional Use Permit (CUP) to allow the construction of a hotel with convention facilities and a restaurant. The applicant is Bob Riddle, the owner is Nacoochee Corporation. The parcel is located on the north side of Hwy 50 between Citrus Tower Blvd and Hancock Road. This project is appropriately located, as well as being situated across from the South Lake Hospital and the National Training Center. A CUP for this project was originally approved on January 23, 2001. Construction plans were approved on February 2, 2002. Both the CUP and construction plans have expired The Planning and Zoning Commission heard this request on June 3, 2003 and recormnended approval. Staff also recommends approval with the conditions as stated in Resolution No. 1315. The applicant is also requesting the following four variances: 1) To allow for a building height of 72' rather than the 45' allowed and a building height of 55' for habitable areas rather than 35'; 2) To be relieved from providing a required landscape buffer along a retaining wall on Legends Way; 3) To allow for the project to be landscaped according to previous code; 4) To allow construction plans approved April 4/17/02 to be valid for 2 yrs. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 4 Planning Director Brown advised the first 2 variances were previously approved and have expired. Staff recommends approval of the first 2 variances. subsequently Planning Director Brown referring to the 3rd variance advised current code requires wider landscape buffers and larger landscape islands. Staff recommends approval of this variance with the provision that the landscaping material required meet the current code. Referring to variance request 4, Planning Director Brown advised he does not reconmaend approval of this variance and would like to request that the applicant submit a new site plan. Planning Director Brown advised the project is being submitted in conjunction with roadway improvements, utility relocations and other various concerns and requested a new site plan in order to ensure the project will work with the site and surrounding areas. Mayor Turville read Resolution No. 1315 by title only. A ResolUtion of the City Council of the City, Lake County, Florida, granting a Conditional Use Permit to allow the construction of a hotel with convention facilities and a restaurant. City Clerk Warren swore in the following individuals: Rick McCoy, McCoy Engineering 713 West Montrose Street. Mr. Bob Riddle, Owner Paula Zalm, 11400 Alameda Sandra Road, Clenuont, Todd Whitlock, 3773 Westwood Drive, Clermont, Becky Monroe, Champion Hotel Dr. Vernon Jensen, Director of UCF Academic Progran~s Mr. McCoy, referring to Planning Director Brown's request for a new site plan, asked if there was something specific that the City was concerned about. Ms. Paula Zahn, representing the South Lake Economic Development Council, stated she felt it was an important project that would have a positive economic impact on the conm~unity, as well as providing an additional hotel, which is needed in the City. Mr. Todd Whitlock stated the Champion Inn would provide a quality project and suggested having a facility like Champion Inn would ensure that the City would be prepared to accommodate future special events. Dr. Vernon Jenson stated his strong support for the project. Dr. Jenson stated he felt the hotel would be an enormous benefit for the students in the sport mad fitness program, as well as the means to bring athletes to the community and house them close to the campus. Ms. Monroe advised that financing for the project, which was a previous problem, is now ill place and emphasized they would like to be on the site within the next 7-10 days. Ms. Monroe stated the site plan had been submitted to the City several weeks ago and was under the impression it had been accepted. Ms. Monroe emphasized a delay would be catastrophic to the project. O City of Clermont 0 MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 5 Mayor Turville stated if the project was delayed a week in order to allow the City Engineer to review the plan; he did not feel that would be catastrophic to the project. Mayor Turville advised it would be prudent for staff to review the plans at this time as a precaution to avoid future unforeseen problems. Ms. Monroe stated she was concerned that the Site Review Process could take up to 90 days. City Manager Saunders stated it is not the City's intent to take the project through'a formal review. An informal review could be completed in a couple of days, as long as the plan is consistent to what was previously submitted. Mr. McCoy requested that the plans currently on file with the City, be used for review. City Manager Saunders stated staff wants to check for any minor changes that may be needed and again reiterated he felt staff could work with the applicant in a timely mmmer. City Manager Saunders asked what was the status of the pennits from the County. Ms. Monroe advised the permit application has been submitted for initial review. Ms. Monroe requested that Council allow the applicant to move forward with site work, in light of the amount of preparation that has taken place in anticipation of approval this evening. Planning Director Brown advised Council that the City could allow the applicant to start construction grading on the site. Mayor Turville asked what would happen if site work is done and then there is a problem with the project. Ms. Monroe stated if a problem did arise, work on the project would have to be delayed until the problem has been resolved. Council Member Caputo asked Planning Director Brown what harm could be done by allowing grading? Planning Director Brown advised he did not know what problems could arise, but stated City Code does not allow for grading to start prior to receiving approved construction plans. City Attomey Guthrie advised grading, as being requested, is not part of the variance as advertised and would be a matter for concern. Council Member Ash expressed concern regarding the hotel starting construction and not completing the project, thus leaving the City with an uncompleted building. Mr. Bob Riddle, Atlanta Hotel Group, stated his company very much wants to be a good partner with the City of Clermont. Mr. Riddle, alluding to the bid for the Olympic Trials, stated he understood the need for the project to be completed in a timely manner. Mr. Riddle also advised Council that lenders put a time value on their money and a significant delay could affect the cost of the project for the applicant. City of Clermont ~ MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 6 Mr. Riddle stated he was hoping to reach an agreement with the City that would allow the project to move forward in 5-7 days. Council Member Ash asked Planning Director Brown if there were any specific concerns with the plans. Planning Director Brown advised he needs to see a revised plan showing the landscaping. Council Member Ash asked that a slab survey be part of the Conditional Use Pemfit. Don Ballard, 5526 Westerham Drive, stated he did not understand the delay in approving the project, since it is the same plan as present and approved before. Mr. Ballard stated the City desperately needs the project and it should be approved. Council Member Mullins asked if the road was going to be a right-in, right-out access on SR 50. Planning Director Brown advised that was correct. Council Member Renick stated it was her understanding if the applicant submits new plans in the next couple of days, there .would not be a need for the fourth variance. City Managers Saunders advised that would be correct if Council approves variance #3, which allows for the applicant to utilize the previous landscape code. Council Member Renick asked if larger landscape islands would infringe on the required parking. Planning Director Brown advised that the applicant is currently at the minimum number of parking spaces. City Manager Saunders pointed out that staff recommendation is to allow the applicant to utilize the previous landscaping standards for required areas, as long as they use current code for required planting material. Mr. McCoy stated it would not be possible to have the landscaping plan submitted within the next 48 hours. Mr. McCoy requested Council to approve the plans previously submitted and allow the applicant to proceed, with the understanding that the new plans provide new water and sewer detail and that the landscaping would be approved and completed prior to a Certificate of Occupancy being issued. City Manager Saunders stated the CUP could stipulate that the applicant would have to meet any standard detail, required by the City, thus allowing the applicant to proceed. City Manager Saunders also advised Council could modify the current CUP Section 1, General Conditions, item #3, require the applicant to resubnfit construction standard details, and; Section 3, item 5, to require a slab survey be completed and; landscaping and utility standards shall be subject to approval of the Planning & Zoning Department. A tnotion was made bp Council Member Caputo, seconded by Council Member Mullins and carried unanimously to approve Resolution No. 1315 as amended. A motion was made bp Council Melnber Caputo, seconded bp Councd Melnber Mullins to approve variances 1,2,3,and 4. Mayor Turville asked Council if there was any discussion regarding the motion. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 7 Mayor Turville asked City Attomey Guthrie if the variances should be handled individually. Attorney Guthrie advised they could be considered collectively. City Manager Saunders advised that variance #3 needs to be modified to include plant size and material be consistent with current code. Council Member Caputo anaended the motion accordingly. Council Member Caputo asked Mr. McCoy what was the build out time. Mr. McCoy advised approximately 12 months. Motion was carried unanimously to approve Resolution No. 1315 as amended. Council Member Renick requested that slab surveys be reco~mnended in future CUPs. Council Member Caputo requested that landscaping around back flow preventors also be recon~nended in future CUPs. Resolution No. 1316 Wal-Mart Super Center Conditional Use Permit Mayor Turville read the Resolution by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a structure greater than 20,000 square feet and to allow a business establishment to occupy more than 20,000 square feet of floor space. The business is a Wal-Mart Super Center that will include general retail sales, garden center, grocery, pharmacy, personal services, professional offices, restaurants, gas station and Tire and Lube Express. Planning Director Brown advised the applicant is Wal-Mart Stores East; the owner is Lost Lake Reserve. The applicant is proposing to construct a Wal-Mart Super Center that will include uses of general retail sales, garden center, grocery store, pharmacy, personal services, professional offices, restaurants, a gas station and Tire and Lube Express. The project is appropriately located at the intersection of US 27 and Johns Lake Road. The surrounding roadway network was designed to support commercial uses at this location and would support the planned Wal-Mart. Planning Director Brown referred to a traffic impact analysis provided by Traffic Planning and Design, Inc., which indicated that when US 27 and John's Lake Road intersection is signalized, the southbound left turn lane will operate at a level of service "F". The study presents 2 alternatives. One is to construct two left turn lanes and the other being to go north to Steve's Road and construct a tuna lane that would allow access to the frontage road. If the dual southbound lanes are constructed on US 27 at Johns' Lake Road, one additional eastbound lane must be constructed on John's Lake Road. Currently John's Lake Road is a two-lane road and could not support two lanes merging into one eastbound lane. Alternative 2, which is constructing a tuna lane on Steve's Road, would take some pressure offthe intersection at Johns' Lake Road and US 27, but both the frontage road and Steve's Road would have to be constructed prior to Wal-Mart being issued a Certificate of Occupancy. City of Clermont '~' MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 8 Planning Director Brown stated he felt there was a need for dual southbound turn lanes on Johns' Lake Road and expressed concern for vehicle stacking to capacity in ttie turn lanes and cars being stopped in a thru lane on US 27. In the memo to tJae Planning and Zoning Commission, Section 4, Condition 5 required that the planned improvements to John's Lake Road shall be completed prior to the issuance of a Certificate of Occupancy and the dual south bound left-mm lanes from US 27 shall be constructed prior to the issuance of a Certificate of Occupancy. At the Planning and Zoning Commission meeting the applicant requested that Condition# 5 be deleted because they were not aware of any planned improvements to that road and did not want to be constructing southbound turn lanes as outlined in Condition #8. The Planning and Zoning Commission agreed to delete Condition # 5 and to revise the language in Condition #8 to read that dual southbound left mm lanes from US 27 onto John's Lake Road or an alternate design as approved by DOT, the City and the County be provided prior to the certificate of occupancy. Planning and Zoning Commission agreed to those requests. Plarming Director Brown recommended that the CUP call for the construction of dual southbound left tums onto John's Lake Road and additionally requested that the CUP call for a minimum of one additional eastbound lane on John's Lake Road. The applicant is also requesting the following variances at this time: 1) To provide 1000 parking spaces rather than the required 1094; 2) To be relieved from providing wheel stops; 3) To allow for outdoor storage that is not screened from a public street. Planning Director Brown advised staff recommended approval of variances 1 and 2. Plamfing Director Brown advised Wal-Mart is requesting this variance in order to allow for the parking of trailers for the purpose of storing seasonal inventory. City Code requires all outdoor storage be screened. Planning Director Brown advised the location of the proposed storage area would be buffered from public view. Staff recommends approval. Mayor Turville opened the discussion to the public. Deputy Clerk Warren swore in the following individuals: Harry Lerner, Westshore Development Group, Inc. Peter Such, CPH Engineering. Boyd Rau, architect for Wal-Mart. Mr. Ayman Saidi, Traffic Planning & Design, Inc. Council Members Ash mad Caputo disclosed that they had met with Mr. Lerner to discuss the design of the store only. Attorney Hal Kantor, representing the applicant, advised Council that the applicant has agreed to the improvement of the roadways as outlined by Planning Director Brown. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 9 Mr. Such gave a visual presentation of the site and construction of the project. Mr. Such pointed out much of the site will be screened by slopes and trees, and buffering and landscaping on the site will exceed code requirements. Mr. Such listed the uses as retail, grocery, garden center, and a Tire Lube Express, which provides tire mounting, lube and battery installation. There will be no bodywork or auto repair. Mr. Such addressed variance request 2, stated that wheel stops are strictly a liability issue, and proposed to provide curbing around all landscaped areas, which will be 6" in height and will effectively provide a wheel stop. Mr. Such advised trailer storage would be used for seasonal merchandise and layaway. The areas will be located on the west side of the building and screened from public view. If additional buffering is needed the applicant is willing to comply with the recommended requirement. Mr. Such addressed the 1st variance, requesting 1000 parking spaces rather than 1094 required by code. A survey was provided of several Wal-Mart Super Centers in the central Florida area, utilizing a square foot average, which provides 4.71 spaces for 1000 sq. ft. of building area. Parking for the Clermont site is a ratio of 4.89 per 1000 sq. ft. Mr. Such stated the traffic study shows that all the affected roadways operate at an acceptable level of service. Boyd Rau, architect for Wal-Mart gave a detailed description of the elevation of the site as well as a review of the modifications that have been proposed to the architectural design of the building. Mr. Rau advised, as requested by the Planning and Zoning Commission, the signage has been changed by eliminating the blue background behind the central sign and removal of"always" from signage. In addition to the previous mentioned changes, Mr. Such stated the applicant agreed that there would be no outdoor display within the parking lot. Mayor Turville invited any interested parties to speak for or against the proposed project. Mr. Don Ballard, 3526 Westerham Drive, Clermont, was present, expressed his support for the project, and questioned Council's reason for previously delaying the project. Mr. Jerry Badalamento, of DJ Auto, 12635 US 27, stated his support for the Wal-Mart project. Ms. Nancy Fullerton, of Clermont, stated she had concerns about the project and pointed out the damage done by carts pushed into the landscaped areas. Mayor Turville closed the public aspect of the hearing. Council Member Caputo asked if emergency vehicles had unobstructed access of the rear of the building? Mr. Such stated as the building is designed, there is complete access to the rear of the building. Member Council Caputo requested that Fire Chief Bishop be contacted in order to ensure there is proper access to the rear of the building. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 10 Mayor Turville also expressed concern regarding the possible fire hazard these units could be, especially with not knowing the contents of the containers. Mr. Such stated he felt containers housing hazardous material would have to adhere to established regulations. Planning Director Brown advised that Deputy Chief Paul Anderson has reviewed the current site plan. Mayor Turville asked if there were going to be 5 parking slips designated for seasonal storage. Mr. Such advised there would be six slips, and each could hold 2 or more containers. Mayor Turville asked for clarity regarding "seasonal storage". Mr. Such explained "seasonal" typically refers to the Christmas Holidays, usually beginning in October and ending in January. There may be some seasonal merchandise, such as mower and lawn equipment. The need will vary due to the needs of the community. Mayor Turville stated his concern was that the "seasonal storage'Tsemi trailer storage would turn into a large un-permitted warehouse, that could be year round. Council Member Ash also expressed her displeasure with seasonal storage on site and alluded to the possibility of year round storage that would cater to all holidays and special events. Mr. Such stated Council could restrict the months of storage to a specific time frame and suggested storage be allowed from October to January. MayorTurville asked if there was anyone present to address traffic issues. Mr. Ayman Saidi, Traffic Planning & Design, Inc. was present. Mayor Turville pointed out that the presentation, other than a few remarks, does not show the service station that is planned for the southwest corner o£ the site. Mayor Turville asked for the number of parking spaces that would be lost to the service station area. Mr. Saidi stated the total number of parking space excludes the service station. Council Member Renick asked Planning Director Brown if the City had adopted "C" as the acceptable level of service. Planning Director Brown advised the City does not have a level of service adopted for intersections. The level of service adopted for arterial and collector roadways is "C". Council Member Renick, referring to the traffic analysis, stated the study shows 5 intersections below the level of"C". Planning Director Brown pointed out that intersections are rated differently than arterial and collector roadways. City of Clermont 0 MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 11 Mayor Turville, referring to variance #2, stated it was his understanding that wheel stops in a parking area reduced the damage to landscaping as well as reducing traffic incidents in the parking lot. Mr. Such stated it was his understanding that the wheel stops are there to protect the landscaping. Mr. Such pointed out there will be curb and gutter throughout the parking lot, thereby protecting all the landscaping. Council Member Ash suggested a total number of wheel stops needed throughout the site would be a maximum of two wheel stops per lane. The only exception would be at the two main islands, which will require additional wheel stops. Council Member Ash also expressed concem for the reduced landscaping at the ending of parking areas. Mr. Such suggested instead of reducing the landscaping area, move the curb out two feet. City Manager Saunders and Planning Director Brown advised the above proposed solution would work on the site. Mayor Turville asked someone from the design team to advise when the equation for the proposed parking standard does not work. Mr. Such advised that he is not aware of a site that has experienced parking inadequacies or problems. Mr. Such stated parking could reach capacity at Grand Opening events, which usually are for one or two days. Mr. Such, referring to the parking standard, pointed out City Code allows for large scale developments, having diversity, to submit a parking study with the developers proposal to identify the necessary parking requirements. Mr. Such indicated that was the applicant's intent by providing the previously reviewed parking survey. Council Member Ash stated since Wal-Mart is the sole occupant of the site, the above was not applicable. Council Member Mullins stated that he has visited numerous Wal-Mart Stores and has never experienced a parking problem at any of them. Council Member Ash stated it appears as if the applicant proceeded to develop their proposal based on what they felt was a sufficient number of parking spaces, rather than consulting the City. Mr. Such stated the project was not developed without reviewing City codes and requirements. Council Member Ash pointed out that previous projects have been required to meet the current parking standard. Council Member Caputo stated he did not feel parking would be a problem and shared with the Council that he had visited several Wal-Mart Super Stores in Lake and Orange County, during peak hours, and did not find parking to be a problem at any of them. Referring to the Traffic Impact Analysis, Mayor Turville stated in his opinion, it is very difficult to have an accurate assessment when a study is conducted in March, which does not reflect the traffic impact during our peak months of seasonal residents. Council Member Caputo requested that the cart corral areas not have advertising. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 12 Mr. Such advised advertising would be eliminated. Council Member Caputo asked for clarity on the outdoor display. Mr. Such advised that there would be no outdoor display within the parking lot. Council Member Ash expressed concern with truck deliveries (unloading) and trash removal in the early morning hours, and requested both be restricted. Mr. Such advised most of the deliveries would be during the daylight hours. The exception would be grocery/produce deliveries and advised that the truck well area for delivery is facing US 27 and the reverse frontage road. Both will be walled and landscaped in order to abate the noise. Mayor Turville requested that Planning Director Brown review Resolution No. 1316, with the proposed changes that had been suggested. Planning Director Brown reviewed the following changes: Transportation Improvement The dual southbound left turn lanes from US. 27 on J~hn's Lake Road shall be constructed before occupancy. In addition, an additional eastbound lane with appropriate turn lane on Jolm's Lake Road between US 27 and Citrus Tower Blvd will be constructed. Outdoors Display Outdoor Display shall be located in the Garden Center only Miscellaneous No advertising will be allowed on the cart corrals. Outdoor Storage of semi-containers will be restricted to the 6 spaces shown on the site plan, and can only be utilized during the months of October thru January. Council Member Renick questioned the assumption of approval of the 24 hours operations and stated she was not in favor of a 24-hour operation. Council Member Mullins and Council Member Caputo stated they were not opposed to the 24 hours of operation. Council Member Mullins pointed out Kash and Karry is a 24-hour operation. Council Member Ash, referring to transportation issues, expressed her concern for the volume of traffic at the John's Lake Road intersection and suggested that only one left turn lane be constructed from US 27 onto John's Lake Road. Council Member Ash suggested traffic impact be evaluated at the time of the construction of the commercial area. Council Member Renick pointed out this study clearly shows the need for the suggested improvements. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 13 Council Member Mullins suggested it would be better to make the improvements at this time and be prepared for the future impact associated with this project. Mr. Lemer stated the applicant went thru the DRI process, which requires that various intersections and roadways be evaluated. This process requires input from DOT, Regional Planning Council, Lake County and the City of Clermont as part of the final analysis. Mayor Turville asked if the impact of the future South Lake Connection was a part of that study. Mr. Lerner advised it was. Mayor Turville called for a vote on the variances. Council Member Renick ask if was appropriate to vote on the variances before the CUP. City Attorney Guthrie advised there was not a problem with voting on the variances before the CUP. A motion was ~nade by CouncilMember Caputo for approval of the variance request to allow 1000 parking spaces as opposed to 1094, required b_¥ code, second Council Member Mullins. Mayor Turville pointed out the request reflects a 9.5 % reduction to the current parking standard. Council Member Caputo stated he has visited several Wal-Mart Super Centers and did not find parking to be a problem. Mayor Turville called for a vote on the motion. Motion failed by a 3-2 vote. Council Members Ash, Renick and Mayor Turville were opposed. Council Members Caputo and Mullins voted in favor on the variance. A motion was made by Council Member Mullins to approve variance request for relief from providing wheel stops, seconded by Council Member Caputo, approved by 3-2 vote. Council Member Renick and Mayor Turville voting to deny. A motion was made by Council Member Mullins to approve variance request to allow outdoor storage, as amended in Resolution 1316, seconded by Council Member Caputo and approved by 3-2 vote. Council Member Renick and Mayor Turville voting to deny. A motion was made by CouncilMemberMullins to approve Resolution No. 1316, as atnended. Mayor Turville stated he was aware that the process has been timely and rigorous for the applicant, and suggested that the current proposal is much improved from the original concept. Council Member Ash stated the development team has made exceptional efforts thru the process to work with staff and was very appreciative of all their efforts. Motion was approved by a 3-2 vote. Council Member Renick and Mayor Turville voting to deny. Mayor Turville called for a brief recess. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 14 When the meeting reconvened Council Member Renick stated she wished to clarify, given the outcome of the vote on the Resolution, if the Resolution had been considered first, she would have voted differently on the variances. Mr. Lerner requested that the items be reconsidered and suggested it was appropriate to re-address the request, since the public heating had not been formally closed. Mr. Lerner asked City Attorney Guthrie for his opinion. City Attorney Guthrie stated items on the agenda could be reopened as long as the meeting was not closed. Mayor Turville stated he would not re-open the Wal-Mart Super Store request because essentially all of the people who attended concerning this matter had left, and he did not feel it would be appropriate to proceed without their presence. Mayor Turville advised Mr. Lerner that a process is available for the applicant to re-apply and address any concerns they might have regarding recommendations that were made this evening. South Lake Hospital Sign Variances Planning Director Brown advised the applicant is South Lake Hospital and the request is for an off-site sign with variances to enable South Lake Hospital to have a directional sign on SR 50. The request is a matter of public safety and will enable motorists to locate the hospital and direct them to emergency services. The applicant is requesting the 5 following variances 1) To allow for an off-site sign on a developed parcel; 2) To allow for an off-site sign to be 100 sq. ft. 4) To allow for 2 signs per street frontage on an out parcel; 5) To locate sign 5' from front property line; 6) To allow for a sign to be 25' from the intersecting r-o-w lines of SR 50 and Citrus Tower Blvd. Staff recommended approval of the requested variances with the requirement that the sign meet the standards of a typical out parcel sign for size and height. Mr. John Moore, South Lake Hospital, advised the reason for the request is for public safety and to allow the public/motorist a visual point of reference especially when responding during emergency situations. Council Members Mullins asked where the CVS pharmacy would be located. Planning Director Brown advised the CVS location would be at the east side of the property. Council Member Mullins asked if CVS would be limited to 64 sq. ft. Planning Director Brown advised CVS would be limited to 100 sq. ft. Council Member Caputo asked Planning Director Brown when the new Sign Ordinance would be presented to Council. City of Clermont MINUTES REGULAR COUNCIL MEETING June 24, 2003 Page 15 Planning Director Brown advised the proposed ordinance should be ready in July. motion was made by Council Member Mullins, seconded by Council Member Renick and carried by unanimous vote, to approve the variances as presented Oakley Seaver Drive Interlocal Agreement City Manager Saunders advised that City Council and Lake County previously entered into an Interlocal Agreement for the City to achninister the engineering and construction of Oakley Seaver Drive from Citrus Tower Blvd. to North Hancock Road. This is a Lake County Road Impact Fee project and the cost of the project will be reimbursed to the City by Lake County Impact Fees. The County is requesting to amend the Agreement to include the design and construction of a multi use trail along a portion of Oakley Seaver Drive. Recommendation is for approval. motion was made bp Council Member Renick, seconded bp Council Member Caputo and carried bY unanimous vote to approve the proposed amendtnent to the Oakle¥ Seaver Drive Interlocal ,4greement. Ordinance No. 470-M Introduction City Manager Saunders advised that the City will be in position to start providing reuse water in the near future. It is necessary to establish a rate schedule for the reuse water that will be produced at the East Plant located on Hancock Road. Resolution 470-M establishes a rate of thirty cents per 1000 gallons of reuse water. City Manager Saunders gave an explanation of the proposed fee. City Manager Saunders stated that this Ordinance is for introduction only and the public heahng will be held at the July 8, 2003 meeting. A motion was made by Council Member Caputo, seconded by Council Member Ash and carried unanimously for the approval of the introduction of Ordinance No. 470-M. There being no further business, the meeting was adjourned at 11:45 P.M.