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02-25-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 25, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: jCouncil Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, Planning Director Brown, City Attorney Guthrie and Deputy City Clerk Studdard. "~ INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance by all present. MINUTES Council Member Renick requested that the discussion in paragraph six on page nine be amended to reflect approved rezonings. She further stated that the motion made on page ten regarding Regency Center should be amended to reflect a vote of four to one since she voted against approval. A motion was made bY Council Metnber Caputo, seconded bp Council Me~nber Mullins, and carried unanimously to approve the tninutes of the Regular Council Meeting held Februa~_ 11, 2003, as amended. REPORTS City Manager Saunders City Manager Saunders invited everyone to come out this weekend to the Pig on the Pond at Waterfront Park. Council Member Caputo Council Member Caputo stated he had spent an hour and a half in jail today at the Diamond Players Club after being arrested by the MDA. He stated that he raised $1,641, enough to send three children to camp at no cost, and thanked everyone who helped in this worthy cause. He stated that the MDA goal was to raise $16,000 and that they had reached $18,000 at around 3:30 p.m. PROCLAMATION Mayor Turville publicly proclaimed the month of February as American History Month and read the Proclamation into the record. PRESENTATION Ray Gilley, President of the Metro Orlando Economic Development Council, gave an update of recent EDC activity. He introduced Dereth Sutton as the South Lake County representative and spoke regarding the goal of providing high wage employment opportunities close to where we live. He spoke regarding the new colleges and the developing research abilities available there and regarding sports medicine. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 2 He spoke regarding the focus being to bring new businesses to the area that will help create a healthy economic environment for the Metro Orlando area so that the citizens of the region can prosper. He thanked the City of Clermont for their continuing support of the effort to create a higher quality of life for the region and a better sense of community. Mayor Turville and the City Council thanked Mr. Gilley for the presentation. CONSENT AGENDA Mayor Turville asked if anyone wished to pull this item of the Consent Agenda for discussion. Item 1 - Agreement Approval Interlocal Agreement with Lake County regarding Geographic Information Systems A motion was ~nade by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve Ite~n 1 of the Consent Agenda. UNFINISI:[ED BUSINESS Ordinance No. 323-C - Final Reading Mayor Turville read the ordinance by title only. CODE ORDINANCE NO. 323-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT PURSUANT TO CHAPTER 180, FLORIDA STATUTES (2000), REESTABLISHING THE CLERMONT UTILITIES SERVICE DISTRICT; EXPANDING THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL UTILITIES WITHIN THE DISTRICT; REQUIRING ALL PERSONS OR CORPORATIONS LIVING OR DOING BUSINESS WITHIN THE DISTRICT TO CONNECT TO THE CITY WATER AND WASTEWATER SYSTEM WHEN AVAILABLE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Martin Friedman of Rose, Sundstrom & Bentley, LLP, 600 S. North Lake Boulevard, Altamonte Springs, FL, spoke as legal representative for Lake Utilities, Inc. He spoke in opposition to the proposed ordinance. He stated that the proposed southernmost expansion area south of the City and west of U.S. 27 is in Lake Utilities' Lake Grove certificated service area. He stated that Lake Utilities has established service in this area. He stated that Chapter 180 prohibits construction of duplicate or adjacent facilities. Mr. Friedman then stated that Lake Utilities filed application to serve areas that the City did not wish to serve. Council Member Renick asked the status of Lake Utilities' Consumptive Use Permit. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 3 Mr. Friedman stated that Lake Utilities' was renewed last year but that Lake Groves' is pending for the service area south of Clermont. Council Member Mullins asked if the City has authority to adopt the expanded service area. City Attorney Guthrie stated that the City has home rule power and is willing and able to serve this area. He spoke regarding the current litigation in objection to Lake Utilities' application for expansion and regarding service issues. Discussion followed regarding a recent decision by the Public Service Commission that did not remove the power of the City to serve. A tnotion was tnade by Council Member Caputo, seconded by Council Member Mullins, and carried unanitnously by a roll call vote to adopt Ordinance No. 323-C. Resolution No. 1298 - Orlando Christian School RESOLUTION NO. 1298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRAINTING A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF 3,500 SQUARE FEET OF MODULAR CLASSROOMS Mayor Turville read the resolution by title only. Planning Director Brown stated the request is to amend the existing Conditional Use Permit to allow the addition of two modular buildings to be used as classroom space at the existing school located at the southwest comer of Citrus Tower Boulevard and Grand Highway. He stated that the City Council had previously tabled this request in order to allow time for the applicant to provide a revised site plan to eliminate the need for a variance for off site landscape buffers and that the revised site plan has been submitted. He stated that the property owner to the north had expressed concern regarding the proximity of the modulars to the out parcels of the neighboring shopping center and stated that the property boundaries remain the same with or without the expansion since the 500 foot distance would begin at the same line. He stated that a condition could be added to the Conditional Use Permit prohibiting them from contesting alcohol consumption within close proximity. He further stated that this may not preclude future opposition of a variance to serve. Deputy City Clerk Studdard swore in the following: Dane Wren, Wren Engineering, 302 Bent Way Lane, Lake Mary, FL, engineer for the project, offered to answer questions. Dr. Lloyd Meyer, 100 S. Grand Highway, the applicant, stated he had no objection to the condition being added regarding alcohol consumption. Bob Shakar, 230 Mohawk Road, spoke in support of the request and encouraged the addition of the condition regarding alcohol. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 4 Mayor Turville closed the public hearing at this time and asked the parking requirements for space outside of classrooms. Planning Director Brown stated there are none for private schools. He stated the condition regarding no opposition to alcohol within 500 feet of the subject property can be added as Condition #9 in Section #1. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unani~nously to adopt Resolution No. 1298, as a~nended. Request for Water & Sewer Service - Bill Seidle's Chevrolet-Oldsmobile Planning Director Brown stated that the applicant is requesting water and sewer service to the existing dealership on State Road 50 contingent upon execution of the accompanying agreement. Bob Seidle of Bill Seidle Chevrolet-Oldsmobile spoke regarding the facility expansion and their need for water and sewer service. A motion was tnade by Council Member Mullins, seconded by Council Member Renick, and carried unanbnously to approve the request for water & sewer service. Ordinance No. 467-M - Final Reading Mayor Turville read the ordinance by title only. MISCELLANEOUS ORDINANCE NO. 467-M AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND DEVELOPMENT REGULATIONS ACT OF 1985, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR A SEVERABILITY CLA USE; AND PROVIDNG AN EFFECTIVE DATE Planning Director Brown stated this is a request for a Small Scale Comprehensive Plan Amendment to change the Future Land Use of 854 West Avenue from NED-6 to EBD-1 and to change the classification from Residential to Central Business District. He stated that the applicant is proposing to convert the bottom floor of the residence into an electrolysis office and reside in the upper floor. Planning Director Brown then stated that this use is allowed in the R-3 zoning district with a Conditional Use Permit. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 5 Planning Director Brown stated this item is related to the next two on the agenda. He explained that the applicant is also requesting a Conditional Use Permit to allow professional office use and a variance to locate the driveway 58 feet fi.om the intersecting right of way rather than the 67 feet required. Deputy City Clerk Studdard swore in the following: Jerry Butler, 1328 Bowman Street, the applicant, requested to speak after objections were heard. Charlene Forth, 939 W. Desoto Street, spoke in opposition to the request and provided copies of objection letters fi.om neighboring residents as well as a site map depicting the neighborhood. She spoke regarding the makeup of the neighborhood and stated that the residents fear losing their privacy if properties continue to be changed to Central Business District. Charles Forth, 939 W. Desoto Street, spoke in opposition to the request and regarding Code Enforcement issues. Susan Washuta, 830 West Avenue, spoke in opposition to the request and regarding an easement fi.om the subject property to hers. Paula Jolly, 963 W. Juniata Street, stated she wished the area to remain strictly residential. Eric Jones, 963 W. Juniata Street, requested that the City Council maintain the integrity of the neighborhood. Joe Washuta, 966 W. Juniata Street, spoke in objection to changing land use piece by piece and stated that the City should look at changing the whole area or not at all. He requested that the area remain residential. Linda Shillibeer, 966 W. Juniata Street, spoke in opposition to the request and regarding traffic problems in the area. Don Ballard, 3526 Westerham Drive, spoke in support of the request and stated that this business will not generate heavy traffic, the area is already considered a business district and the use is allowed with a Conditional Use Permit. Colleen Bums, 11418 Sunburst Drive, spoke in support of the request on behalf of the South Lake Chamber of Commerce. Mr. Butler distributed packets of information and letters of support to the City Council. He then spoke regarding neighbor concems and stated that a future property owner would not be allowed any use without a permit. Susie Gibson, 12310 Sunshine Drive, spoke in support of the request and stated that this use would enhance the property. She also spoke for the South Lake Chamber of Commerce and clarified their mission statement. Daryl Rath spoke on behalf of the Downtown Clermont Partnership in support of the request and provided a petition to the City Council. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 6 Mayssa Aziz Toppino, 1715 E. Highway 50, Suite A, spoke in favor of the request and spoke regarding traffic not being an issue for this business. She stated that the applicant would be a good neighbor. Diane Hood spoke as real estate associate for the sale of the property. She spoke regarding the area being marketed as resident/al/business because R-3 zoning allows business uses with a permit. She stated this is the best use for the property. Sharon Martin, 1198 W. Magnolia Street, spoke regarding the support of local residents and business owners. She stated that there are only two properties remaining on West Avenue that do not have Future Land Use designations other than residential and regarding the variance. Mayor Turville closed the public hearing at this time. Council Members Caputo and Ash requested clarification regarding the allowed use of the property. Planning Director Brown stated that R-3 zoning allows this use with a Conditional Use Permit but the controlling factor is the Land Use, which must change in order to grant approval. Council Member Renick stated that the residents' concerns are justified regarding changing the property land use to Central Business District. She suggested that the Conditional Use Permit address this issue to avoid changing the land use. Discussion followed regarding land use and Comprehensive Plan Amendment procedures. Mayor Turville stated his concern that businesses might continue to come in around the lake and stated the residents need some relief. Council Member Caputo stated that the City should consider a Large Scale Comprehensive Plan Amendment for this area since it is in a redevelopment area. He stated he could not support this request. Council Member Mullins stated this private business will have minimal impact on the residents and that the logical progression of business is outward from downtown as is the case with West Avenue. He stated there should be a simple way to allow this use without a land use change. Discussion followed regarding the timing of the next Large Scale Comprehensive Plan Amendment and changing the criteria of the NED-6 language at that time. Mr. Butler requested that the City Council table this request for 60 days. Mayor Turville stated that postponing the issue would only make matters worse. Discussion followed regarding neighbor concerns and the statute limitations. A motion was made by Council Member Caputo, seconded by Council Member Ash, and carried three to two bY roll call vote to deny Ordinance No. 467-11,[, with Council Members Mullins and Renick being opposed. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 7 NEW BUSINESS Development Agreement - Dewitt Enterprises, Inc. Planning Director Brown stated this agreement is for property located on the south side of State Road 50, west of Oakley Seaver Drive. He provided an overhead depiction of the commercial site and distributed recommended revisions to the agreement by Staff. He outlined the proposed changes. He then provided the applicants' response to the recommended revisions. Jimmy Crawford, legal representative for the applicants, spoke regarding the agreement being the culmination of their attempt to plan the entire commercial parcel versus one at a time. He stated that some usage and signage has been eliminated and additional landscaping is provided in this attempt to concur with the City's wishes. He spoke regarding the benefit of large scale planning for the site to the City and the owners versus spot planning and regarding the early construction of roadways. He then outlined the responses to the recommended revisions to the agreement and stated that DOT standards and the traffic study support the median cut. George Vealy, 301 Carolyn Drive, Oveido, spoke regarding the location and access to the project. He stated that the applicants are negotiating with Darden Restaurants in hopes of bringing Red Lobster and Olive Garden to the site. He stated that access is crucial to the success of the development. City Manager Saunders thanked the Dewitts for their patience in working with the City and for the quality of the proposed project. He stated that Staff supports the applicants' response on all issues except 3 (a) regarding the full median cut and 11 Co) regarding the directional cut. He further stated that since DOT has stated that the full median cut meets distance criteria and that they will permit then Staff would not object to the full median and signalization at Dewitt Boulevard but he still has concern regarding the directional cut on S.R. 50 at Lot 7 on the site plan. Brent Lacey of Glatting & Jackson spoke as engineer regarding the benefits of retaining that left turn between Dewitt Boulevard and Oakley Seaver Drive due to traffic being stopped at the signals. He stated this would be safer. Planning Director Brown and City Manager Saunders stated it would be safer without that turn. Council Member Caputo asked if retaining that cut would reduce the amount of stacking in turn lanes at the signals. Mr. Lacey stated it would. City Manager Saunders stated that marketing is more the reason for the need than safety. Mayor Turville spoke regarding level of service and stated that the cut should be left until a problem is demonstrated. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 8 City Manager Saunders stated that the City Council can request that DOT review this later for any problems. After discussion, Council Members Ash and Renick stated they would like language added to the agreement regarding this cut. City Attorney Guthrie stated that "The City Council reserves the right to petition the Florida Department of Transportation to have the directional median cut closed if justified by a FDOT safety study" should be added to the agreement under 11. Discussion followed regarding the construction of the frontage road prior to Certificate of Occupancy as discussed in the applicants' response to Staffproposed revisions. Mr. Crawford stated that the word "any" could be added before "Certificate of Occupancy". City Manager Saunders concurred. Planning Director Brown stated that 3(c) should state "12 months from U.S. 27 to Oakley Seaver Drive or from Citrus Tower Boulevard to Oakley Scarer Drive". Mr. Crawford stated the applicants agree to that change. Council Member Ash requested that a final copy of the agreement be provided to the City Council. A ~notion was made by Council Member Caputo, seconded bp Council Me~nber Mullins, and carried unanimously to approve the agreement with the recommended revisions, as amended. Warren Property Purchase City Manager Saunders stated that the City Council had looked at the possibility of purchasing the Warren property adjacent to the new City Hall and that Mr. Warren is now ready to sell. He recommended purchase of the property and requested that a site plan be done for parking and brought back to the City Council for approval to extend the parking area while the site is still under construction. He further requested that the City Council authorize him to sign closing documents for the sale. Discussion followed regarding the proposed site plan and the appraised value of the property. Mayor Turville suggested that the home value be considered before taking it down. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to purchase the proper_ty with City Manager Saunders authorized to sign closing documentation, and to have a site plan done _for parking. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2003 Page 9 Resolution No. 1306 Mayor Turville read the resolution by title only. RESOLUTION NO. 1306 A RESOLUTION OF THE CITY OF CLERMONTALLOWING FOR THE PLACEMENT OF SIGNS PROMOTING THE PARADE OF HOMES FOR A PERIOD THROUGH MARCH 10, 2003; PROVIDING FOR AN EFFECTIVE DATE Discussion followed regarding this event. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unani~nously to adopt Resolution No. 1306. Mayor Turville stated that the City Council had reached the end of the meeting agenda and asked if anyone wished to speak on any other issue. There being no further business, the meeting adjourned at 11:30 p.m. /A'~st: ~ -~oseph ~E. Van Zile,~ Clerk ~ H~ Turville, Mayor