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04-08-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 1 A regular meeting of the City Council of the City of Clem~ont was held Tuesday, April 8, 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, Council Member Renick was absent. Other City officials present were City Manager Saunders, Finance Director Van Zile and Deputy City Clerk Warren. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the minutes of the Regular Council Meeting hem March 25, 2003. REPORTS City Manager Saunders - None. City Attorney Guthrie - None City Finance Director Van Zile - None Council Member Ash reported she attended a meeting of the Alliance to Protect Water Resources last week. One of the topics of discussion was stom~ water drainage. Council Member Ash stated she had been informed that the City had received grants from the Lake County Water Authority (LCWA) to address the concerns at Crystal Lake and Center Lake. Council Member Ash asked City Manager Saunders for a progress report on the two projects. City Manager Saunders advised two (2) grants had been received. The first grant was for Center Lake for flood control and a storm water project. Shortly after receiving the grant for Center Lake, the City experienced a major drought. The Council decided at that time it was important to try to remove as much muck from Center Lake as possible. City Manager Saunders pointed out there had been several setbacks to the project due to permitting delays. An additional delay was due to the inability of one contractor to perform, thus requiring the City to repeat the hiring process for a contract for the project. City Manager Saunders informed the Council that the contract is due to expire at the end of May. City Manager Saunders stated he had been advised that the LCWA had concerns regarding progress on the project and therefore he submitted an Accomplishment Report to them, along with the City's intended schedule. City Manager Saunders stated he has been in contact with Mike Perry of the LCWA, regarding the progress of the project and to also seek advice regarding an extension on the project if needed. City of Cler~nont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 2 City Manager Saunders advised Council that he would be attending the LCWA meeting on April 23, 2003. City Manager Saunders also advised the Council advertising for the bids on the project will begin on April 17, and is scheduled to be submitted to the Council on May 7, 2003, for approval. City Manager Saunders advised that the Crystal Lake Grant is for storm water clean up. The engineering has started on this project. The grant expires in September 2004. City Manager Saunders shared that the LCWA had expressed concern because they had not received a signed contract from the City for the Crystal Lake Project. LCWA was informed that the original contract had not been received by the City and were requested to forward the appropriate documents to the City for execution. Mayor Turville stated he would like to cease discussion on this matter at this time, and revisit this subject after items on the published agenda had been heard. Council Member Caputo advised he had attended a meeting with sponsors associated with the National Junior College Athletic Association, Division I Women's Fast-Pitch Softball Tournament, which will be held in Clermont in May. Council Member Caputo stated the group is requesting "host families" to assist the players during their time in Clermont. A "host family" would only be required to help the players with transportation to and from the games and also providing information regarding restaurants, entertainment etc. Council Member Caputo requested anyone interested in being a "host family" to please contact him. 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 - Final Plat Approval Item 2 - Final Plat Approval Item 3 - Final Plat Approval Item 4 - Final Plat Approval Item 5 - Final Plat Approval Item 6 - Proposed Tangible Personal Property Policy Item 7 - Authorized Check Signatures Item 8 - EEO Plan East Lake Estates, Phase I East Lake Estates, Phase II Regency Hills, Phase 2 Regency Hills, Phase Replat of Lake Highlands Company, Tracts 8, 9 Policy to establish procedures for the control and safeguarding of tangible personal property Approval. of authorized Check Signatures Approved EEO Plan City of Clermont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 3 A tnotion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve Items I thru 8 of the Consent Agenda. UNFINISHED BUSINESS Lake County Action Agency Inc. Resolution No. 1307 Request for a Conditional Use Permit (CUP) to allow construction of a child development center on property located at the NW comer of Bloxam Avenue and DeSoto Street. Planning Director Browaa advised the applicant is requesting a CUP for a child development center in the C-1 zoning district, located at the NW comer of Bloxam Avenue and DeSoto Street. The child development center will provide comprehensive early childhood development services for children ages infant to 4 years old. The center will sevice at least 100 children and their families. Planning Director Brown advised staff reconmaends approval of this request, with an amendment to Condition 5, which would require, prior to occupancy of the building, all State and Federal regulations governing this use, will be met. Plamfing Director Brown asked the Council for input regarding the type of fence to be constructed on the site. Plamfing Director Brown raised the issue of constructing a chain link fence, coated chain link or an omamental fence. Mayor Turville opened the public hearing at this time. City Clerk Van Zile swore in James H. Lowe, Executive Director of Lake Community Action Agency, Inc., 501 N. Bay Street, Eustis, FI. telephone 352-357-3497. Mr. Lowe stated that Lake Conununity Action Agency, Inc., has been working on this project for the past 7 years, and he firmly believes the center will be a great asset to the community and requested Council's approval of the request. Mayor Turville stated, giving the nature of the project, the need for fencing is obvious. Mayor Turville expressed concern regarding green or black chain link fencing, stating the possibility of children not seeing the fence and running or riding into it. City Manager Saunders pointed out that Clermont Elementary School and Kehlor Park both have the uncoated chain link fence. City Manager Saunders stated a standard fence would be appropriate. Council Member Caputo expressed concem regarding traffic congestion and driveway access to the site. Council Member Caputo pointed out the likelihood of congestion in the area when the center is operating at the maximum capacity of approximately 100 children. Council Member Caputo suggested a right -in right-out driveway. Regarding the driveway, Mr. Lowe stated all 100 children will not be arriving at the same time; some neighborhood families might walk to the center, others may carpool. Mr. Lowe stated he did not feel the need for a right -in right-out driveway at this time. Mr. Lowe also pointed out the current site plan allows for stacking to occur on site City of Clermont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 4 Planning Director Brown also stated he felt stacking would occur on site. City Manager Saunders suggested as~ additional condition be added to require once constructed, if access becomes a traffic problem, the applicant would be required to provide a right-in right-out driveway. Council Member Caputo concurred. A motion was ~nade bp Council Member Caputo, seconded by Council Member Mullins and carried unanimously to adopt Resolutions No. 1307 as amended. Steve Richey Malik Family Limited Parmership Resolution 1308 Request for a Conditional Use Permit to construction of a Planned Unit Development to include personal service residential, retail, restaurants use for property located on the SW comer of Bloxam Avenue and DeSoto Street. Planning Director Brown advised the applicant is requesting a CUP to create a Planned Unit Development (PUD) to allow for the construction of a mixed-use development to include residential, retail, office, personal service and restaurant uses. The property is located on the SW comer of US 27 and Brogden Drive, north of the Harley Davidson Dealership. Planning Director Brown advised that Mr. Steven Richey, representing the owners, Malik Family Limited Partnership, met with the residents of Lakeview Hills Subdivision on February 26, and presented this project in an effort to inform the residents of his proposal. Mr. Richey advised that the residents were very receptive of the proposal. Planning Director Brown, stated the project is appropriately located and meets the criteria of the land use designation and zoning district. Staff recommends approval of this request with the following changes to the Resolution: 1) 2) 3) 4) 5) 6) 7) All signage for the project shall be monument signs Existing billboards and other signage not associated with the project shall be removed prior to occupancy; Sec. 7 Condition 1, all structures shall be designed and constructed in accordance with the pending Architectural Design Ordinance; Sec. 4, Transportation Improvements - The permittee shall contribute pro rata share to the cost of the future signal at US 27 and Steve's Road. The westbound left turn lane from Brogden Drive into the project shall be constructed prior to occupancy. Dumpster areas must be covered. Dumpsters cannot be located along the west boundary adjacent to Lakeview Hills subdivision. Parking field lights to be aimed straight down and shrouded. Planning Director Brown requested to also address the variances requested by the applicant. 1) To allow for 10' of the required 20' wide landscape buffer to be at a 3 to 1 slope; 2) To allow for a wall height to 10' rather than 6' 3) To allow for a change in elevation of 20' rather than the maximum of 15' City of Clermont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 5 City Clerk Van Zile swore in Chuck Hyatt of Famer Barley and Associates, Tavares, Fla., and Timothy Gaus, 934 Center Circle, Altamonte Springs, Fla. Mr. Gaus stated the project itself is a unique opportunity to make an architectural statement that is compatible with the residential character of the adjacent neighborhood and to address the environmental concerns of the site. Mr. Gaus emphasized that the design of the project is sensitive to the preservation of the residential neighborhood of Lakeview Hills Mr. Gaus also advised that the project has been designed to keep the more commercial uses closer to Hwy 27. Offices and retail uses would be constructed towards the center of the project and additional retail and residential uses would be on the final tier. Mr. Gaus also pointed out the highest row of parking, that would most likely be the least used parking area, was directly adjacent to Lakeview Hills. Mr. Hyatt addressed the variance request for a 10' retaining wall. Mr. Hyatt pointed out that the property has an approximate 80' of fall. A 6' retaining wall would not allow enough of an elevation to obtain the desired square footage for the project. Mr. Hyatt addressed the second variance request which is for a 20' grading rather than the 15' grading required. This is necessary in order to obtain the desired terrace effect of the project Mr. Hyatt also addressed the landscaping concerns by pointing out it would be difficult to maintain a 3 to 1 slope and a 20' flat area. Therefore they are proposing a 10' flat area of landscape with a retaining wall and then slope it 3 to 1 as required by the City. Mayor Turville, expressed concern regarding the feasibility of covered dumpsters. Mr. Richey advised that the Planning & Zoning Commission had assured him that the dumpsters could indeed be covered. Mr. Richey addressed the transportation improvements and advised that he has been working with the Property owners associated with Steve's Road, with the exception of the Church. Mr. Richey requested that if the future signalization is not funded by Impact Fees from the County, then contributions for funding should be on a pro rata basis by those affected. Mr. Richey advised that he had made a commitment to the residents of Lakeview Hills, that the lighting on the project would be positioned to project down. Council Member Ash expressed concern regarding the expansion of the Parcel A (Harley Davidson Dealership), pointing out the contrast in design between the two sites, especially if the expansion of Harley Davison is a metal warehouse. Mr. Richey, referring to Section 7, Architectural Design Standards, of Resolution 1308, pointed out that the Harley Davidson Dealership adjacent to the site was pre-designed for the current building to have a steel component. Mr. Richey suggested that the expansion of the Harley Davidson property is problematic only because of the existing pre-engineered steel building. Mr. Richey stated he would be involved in the future development of the Harley Davidson Dealership and he was very happy with the appearance as it is. City of Clertnont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 6 Council Member Ash stated the current showroom for Harley Davidson is very attractive, but expressed concern about a steel warehouse expansion. Mr. Richey stated the second phase of the Harley Davidson Dealership will be the same as the existing structure and will have the same fagade. Council Member Ash stated she was still concerned. Mi'. Richey also offered to add additional landscaping between the warehouse and the proposed development, if needed. Council Member Ash also pointed out that although the Site Plan is "Revised" it still does not show the 10' wall on the Master Plan or the grading plan. Mr. Hyatt acknowledged Council Member Ash's observation and produced a modified Master Plan, which shows the 10' wall. City Manager made a suggestion regarding the expansion of the Harley Davidson building that future expansion be required to extend current architectural design features into the new structure. Mr. Richey stated he concurred. City Attorney Guthrie referred to the proposed condition regarding billboard removal. Mr. Guthrie suggested that the developers voluntarily remove of the billboard. City Attomey Gurthrie advised that the last legislative session appears to shift certain responsibilities to local government regarding billboards removal. Mr. Richey stated he would remove the billboard. Council Member Mullins expressed concem about car lights flashing into homes of the subdivision as vehicles move up the terraces to the various parking areas. Mr. Richey stated the parking areas are designed so that would not be a problem due to the terracing. City Manager Saunders also pointed out that the existing vegetation will remain along the western boundary on top of the 10' wall. Mr. Mullins asked if the project called for a basement. Mr. Richey advised it would not. Mayor Turville complimented Mr. Richey on his effort to involve the residents of Lakeview Hills in planning of the proposed project and his efforts to produce a project that would compliment this unique site. Mr. Caputo asked Mr. Brown to clarify who would be responsible for the funding for the traffic light. Planning Director Brown advised the resolution should be amended to assess the applicant on a pro rata basis if the traffic light is not funded by Impact Fees from the County. City of Clertnont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 7 Mr. Caputo also asked staff for clarity regarding possible future development of parcel "A", the Harley Davidson property. Planning Director Brown advised the resolution should be amended to require that the parcel will be developed in a manner consistent with the existing structure and to ensure compliance with Architectural Design Standards of the City of Clermont. ,4 motion was made by Council Metnber Caputo, seconded bp Council Member Mullins and carried unanimously to recommend approval of Resolution 1308 as atnended. Aftab Qadir Resolution No. 1309 Request for a Conditional Use Permit to allow a professional office on property located at 154 Highland Avenue Planning Director Brown stated the applicant is requesting a CUP to allow for a professional office in the R-3- A zoning district, located at 154 Highland. This property is the last of several residential properties along the street. The applicant is proposing to convert the property into the office for Tri-County Psychiatric Associates. Planning Director Brown stated staff recommended approval of this request and advised the proposed use would be consistent with prior CUPs issued to adjacent property owners for similar requests. Mayor Turville opened the public hearing at this time. City Clerk Van Zile sworn in Robby Joshi, of Law and Associates, Inc. representing the applicant, Mr. Afiab Qadir Mr. Robby Joshi, architect for the project, was present and stated he was available for any questions the Council might have. ~1 motion was made bp Council Metnber Mullins, seconded by Council Member Caputo and carried unanimously to adopt Resolution 1309. South Lake Hospital Variance Request Request for a variance to allow landscape buffer to be placed on slope rather than on level ground as required. Planning Director Brown advised that South Lake Hospital is requesting a variance to allow for a landscape buffer to be placed on a slope rather than on level flat ground as required. Planning Director Brown advised the elevation of the property is much higher than the elevation of Citrus Tower Blvd. In order for the applicant to provide a level flat planting area for the entire required 20' buffer the site would have to be lowered more than is currently planned. Staff supports the provision of 10' level flat planting with the remainder of the buffer on a slope with a maximum of 3 to 1. Planning Director Brown advised this variance had been previously granted for other projects. Mayor Turville opened the public hearing at this time. City of Clermont MINUTES REGULAR COUNCIL MEETING April 8, 2003 Page 8 City Clerk Van Zile swore in Chuck Hyatt of Farner Barley and Associates, Tavares, Fla., representing the applicant Council Member Mullins asked what was the maximum was height of the wall. Mr. Hyatt advised the maximum height was 3.5 feet. ,4 motion was made by Council Member Mullins, seconded by Council Monber Caputo and carried unanimously to grant the requested Variance. Introduction of Ordinance 324-C Election Ordinance City Manger Saunders advised this ordinance would amend our election procedures to be consistent with the Lake County Supervisor of Election's schedule and the State of Florida schedule of elections. The most significant change is the new date for qualifying that will be in July. A ~notion was ~nade by Council Member Caputo, seconded bp Council Member Mullinsfor the introduction of Ordinance 324-C. Mayor Turville invited Nancy Fullerton to address the Council regarding the earlier discussion concerning the LCWA and grants awarded to the City. Ms. Fullerton advised the Council that it has come to her attention that the grant for Center Lake will expire in the near furore. Ms. Fullerton expressed her concern that the perception held by the LCWA, is that the City of Clermont has done very little work in terms of the grant. Ms. Fullerton stated it was her opinion that the grant would not be extended unless there is real show of effort by the City, prior to the May 23 meeting of the LCWA. City Manager Saunders advised there is some misconception on the work completed. Mr. Saunders advised there was a significant delay due to the muck removal. After the muck removal project was completed the next step was to do survey. An engineer was hired, completed the survey and proceeded with design. All of these efforts were very time consuming. City Manager Saunders also advised he will be attending the April 23 meeting to report to the LCWA on the progress made on the project. Ms. Fullerton handed out copies of the Alliance to Protect Water Resources, Inc. Newsletter Ms. Fullerton shared with the Council her concern regarding the proposed development of the Green Swanap area and strongly suggested that the City be aware of the impact that the proposed development of the Green Swanp area would have on the City of Clemaont. Ms. Fullerton requested Council Members to write Lake County regarding this matter. City of Clermont MINUTES REGULAR COUNCIL MEETING' April 8, 2003 Page 9 Mr. Herda was present and requested that he be placed on the next agenda to discuss parking on Highland Avenue. Mayor Turville approved this request and directed staff to schedule this matter for inclusion on the agenda of the next Council meeting to be held on May 22, 2003. There being no further business, the meeting adjourned at 8:50 p.m. Attest: