Loading...
01-28-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 28, 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, 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 A motion was made bP Council Member Caputo, seconded bY Council Member Ash, and carried unani~nously to approve the minutes Of the Regular Council Meeting hem Janua~_ 14, 2003. REPORTS Council Member Renick Council Member Renick stated that today the Lake County Board of County Commissioners placed a hold on all rezoning for 90 days by a vote of three to two. She stated that County Commission Chairman Cadwell had asked for Lake County cities to support this effort. Mayor Turville recommended that this item be advertised for an upcoming City Council meeting. Council Member Renick stated she had discussed the City and County Land Development Regulations with County Staff and discovered that Lake County is revising its landscaping codes. She stated she has asked City Staff to contact Lake County to review the new proposed Lake County guidelines for conformity. Mayor Turville Mayor Turville stated that the City and Lake County met last Friday in a joint workshop session to discuss joint planning. He stated that the meeting was very productive and future joint meetings are planned after Staff has had the opportunity to review their respective Land Development Regulations in an effort to make them more uniform. CONSENT AGENDA Mayor Turville asked if anyone wished to pull any of the items of the Consent Agenda for discussion. Item 1 - Resolution No. 1301 Approval of Budget Amendment to General Fund Item 2 - Resolution No. 1302 City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 2 Approval of Budget Amendment to Infrastmcture Fund Item 3 - Resolution No. 1303 Approval of Budget Amendment to Community Development Block Grant Fund Item 4 - Resolution No. 1304 Approval of Budget Amendment to Public Improvement Bond Fund Item 5 - Final Plat Approval North Ridge Phase III Item 6 - Rate Approval Group Medical Insurance Rate Adjustment Item 7 - Bid Award Hancock Pavilion A motion was made by Council Member Caputo, seconded by Council Metnber Mullins, and carried unanimously to approve Items 1 - 6 of the Consent Agenda. UNFINISHED BUSINESS Resolution No. 1294 Mayor Turville read the resolution by title only. CITY OF CLERMONT RESOLUTION NO. 1294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1186 INCLUDE AN ALLOWANCE FOR A REVISED GRADING PLAN; TO ALLOW FOR MASS GRADING; AND TO ALLOW FOR A SINGLE RETAIL ESTABLISHMENT TO BE OVER 100,000 SQUARE FEET. Planning Director Brown stated the request is to amend the existing Conditional Use Permit for the Lost Lake Reserve Planned Unit Development to allow a revised grading plan, mass grading, and to allow a single retail establishment to occupy over 100,000 square feet of retail space. He stated the property is located at the intersection of IJ.S. 27 and Johns Lake Road. City Manager Saunders stated that several amendments included in the proposed Conditional Use Permit are necessary in order to comply with the Development Order previously approved by the Council. Mayor Turville opened the public hearing at this time. Deputy City Clerk swore in the following: City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 3 Harry Lerner, Westshore Development Group, 3434 Hallwell Avenue, Tampa, FL, the applicant, spoke regarding the history of the request and stated that the two main issues of the request are the 100,000 square foot variance and the grading. He stated that a contract has been entered into with Wal-Mart as the user for the retail space and that representatives were present to provide details of the proposal. Don Macintosh, Macintosh & Associates, 2200 Park Avenue, Winter Park, FL, spoke regarding the grading for the site and regarding the constraints imposed by road restrictions and City Land Development Regulations. Peter Such, CPH Engineering, 500 West Fulton Street, Sanford, FL, spoke regarding Wal-Mart's history in the City and the various road alternatives offered by this site as opposed to the first one. He stated that Wal-Mart would apply for a specific Conditional Use Permit to build the store. He provided an overhead display of the site and spoke regarding traffic impacts and compliance with the DRI Order. He stated that this user is projected to generate approximately 10% less traffic than anticipated in the study done for the DRI Order. Mr. Such then provided an overhead display of the preliminary grading plan and spoke regarding the changes necessary for the proposal. He stated that their intention is to fill the southern part of the site from 30 to 50 feet to raise the level above the roadway in order to obscure it from sight. Mr. Such then stated their intention to ensure that the architectural standards of the building will match current City Code or better. He then presented a video presentation of the approach to the site from different roadways and stated that the grades of the driveways will be up to 8% to lessen the cut of the hill in back of the store. He presented still shots of the existing sites and superimposed the proposed site over them. He spoke regarding gas sales on site and landscaping and walls, then provided a display of the proposed architectural aspects of the center. Mr. Lerner provided a photograph of the site as viewed from traffic headed southbound on U.S. 27 and stated that one large user with one out parcel is a better plan for the site. He stated that the Wal-Mart would create 450 positions, 315 full time and 135 part time, with an annual estimated payroll of $6.5 million. Dale Ladd, 1135 East Avenue, spoke in support of the proposal and spoke regarding the South Lake Connector roadway construction in this area. Jerry Jones, 611 West Highway 50, spoke in favor of the proposal and spoke in protest of a Code Enfomement lien being placed against his property by the City. Mayor Turville requested that discussion remain on the current issue. Mr. Jones spoke again regarding being fined improperly. Gerald Turner, 4322 Hammersmith Drive, spoke in opposition to the proposed grading of the project. Nancy Fullerton, 368 Montrose Street, asked if the development on the hill above Wal-Mart would be designed to avoid rooftops being visible in order to conform to this project. Donald Ballard, 3526 Westerham Drive, stated this project should be in the City in order for it to benefit from the taxes and impact fees rather than the store going just outside the borders. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 4 Jim Stevens, 3652 Eversholt Drive, spoke in opposition to the request due to potential traffic and road problems. He also spoke regarding local merchants versus large retailers. Frances Formantil, 1401 West Highway 50, spoke in favor of the proposal. Mayor Turville closed the public hearing at this time. Mayor Turville asked for clarification of the height of retaining walls for the site. Mr. Lerner stated that up to three sets of ten foot high walls would be used in different areas to utilize a combination of retaining walls and slopes to obscure the site. Mayor Turville questioned why the amount of cut had increased since the last request from 50 feet to 60 feet, and the amount of fill had increased to 50 feet? Mr. Such stated the changes in grade he cited were from roadway to parking lot. Mayor Turville asked the maximum fill for the property. Mr. Lerner stated the maximum would be approximately 30 feet and stated they would be bringing it forward from the back. Mayor Turville stated that a four story wall would be very high. Mr. Lerner stated the walls would be staggered in sections and broken up by landscaping. He stated this would relieve the amount of cutting in the hill. Mayor Turville asked if the Conditional Use Permit should contain "Go Dark' language. City Attorney Guthrie stated the specific user Conditional Use Permit would contain that language. Discussion followed about the specific request to come later and the developer's need for approval of over 100,000 square feet of retail space. Mayor Turville asked if additional traffic counts were performed. Mr. Lerner stated that Wal-Mai't consultants reviewed and analyzed the counts provided and approved as a part of the DR/Order compliance process and concluded than their numbers were comparable and that this user on site would generate approximately 10% less traffic that the P.M. peak hour numbers used in the original study. He spoke regarding the safeguards set forth after completion of each phase of the project is completed by compliance with the monitoring and modeling requirements of the DR/Order. Mayor Turville questioned the accuracy of 187,000 square feet cited as the store size used in the traffic study and asked the number of trips calculated for this site daily. Leo Ayala, CPH Engineers, 585 Burnside Drive, Maitland, FL, stated the store size is approximately 218,000 square feet and that the number of trips is 10,269 based on the industry manual. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 5 Council Member Caputo asked if 218,000 square feet includes the garden center. Mr. Ayala stated it did. Council Member Caputo asked if there is planned access from U.S. 27 and asked why the entrance from Johns Lake Road is depicted in the presentation as a one lane road. Mr. Such stated that conceptually no access has been planned from U.S. 27 and that the access at Johns Lake Road has been planned as one lane in and two out. Council Member Caputo asked the grade of the tiers of walls. Mr. Such stated the ratio as 3 to 1. Council Member Caputo asked the size and status of the property at the top of the hill behind the proposed store. Mr. Lerner stated that the property is approximately 10 acres to be developed in the future. Council Member Mullins stated that there should be no further grading for that portion of the property since a master grading plan is being considered tonight. Council Member Renick spoke regarding the history of grading changes at this site. Mr. Macintosh stated that the prior property owner had removed 40 feet of fill at the front of the property and that the current plan proposed would replace that fill. He spoke regarding the attempt to blend the current grading with the proposed store site. Council Member Caputo asked how deep into the hill the cut is proposed to be? Mr. Such stated they propose to take approximately 350 feet from the side and move it forward. Council Member Ash asked for clarification of the size of the proposed store. Mr. Such stated that the total square footage would be 218,680 square feet. Council Member Renick stated the need to obligate the allowance of over 100,000 square feet of retail space on this site to a particular user. Mr. Lerner stated he would agree to a condition added to this Conditional Use Permit stating the user to be a Wal-Maxt and stated that this preliminary approval is for financial purposes. Council Member Caputo stated that Section 2, Land Use located on page 3 in the fifth paragraph of the Conditional Permit could be amended to delete "retail establishment" and add "Super Wal-Mart". Council Member Mullins stated the need for no additional variance for size. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 6 City Manager Saunders stated the addition of "not to exceed 220,000 square feet" would accommodate that concern. Council Member Renick asked if measures could be taken to prevent excessive variance requests for the project. City Manager Saunders stated that the user must make a request for a Conditional Use Permit within Code requirements or ask for variances. Mayor Turville asked what constitutes full time employment regarding the 315 jobs cited earlier. Mr. Such stated that would best be answered by Wal-Mart when the specific request comes back. Discussion followed regarding the specifics of the site and grading. Mr. Jones spoke again regarding a lien placed against his property by the City and regarding City Staff. Mayor Turville asked to see a depiction of the view of the site traveling north from Kings Ridge on U.S. 27. Mr. Lerner provided that display. Mayor Turville stated his concern that the only changes provided since the last request are that the size of the requested store increased, the traffic counts were not sufficient and the grading cuts became larger. Mr. Lerner stated they were able now to provide user information. He spoke regarding the traffic counts being analyzed and the safeguards provided through the DRI Order. Mayor Turville asked Mr. Ayala how many Wal-Mart stores he has provided traffic counts for. Mr. Ayala stated approximately six in the past six months and stated that his earlier confusion regarding store size and traffic counts was due to a proposed bank being removed. Council Member Ash stated that the traffic problem at the school on Johns Lake Road is still a concern for her and asked the developer to be aware of that back up problem. She then asked City Manager Saunders when the hours of operation would be addressed. City Manager Saunders stated they would be addressed during the specific Conditional Use Permit request for the store. Discussion followed regarding the traffic counts as they relate to the DRI Order requirements for each phase and regarding this particular commercial use. Council Member Renick stated her concern with the size of the grading cuts and the location. Mayor Turville spoke regarding citizen concerns regarding growth and the potential traffic problems this project could cause. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 7 Council Member Ash spoke in support of this proposal because it is very similar to the Target store previously approved. A motion was made bp Council Member Mullins, seconded bY Council Member Caputo, and carried by a vote of three to two to adopt Resolution No. 1294, as amended, with Mayor Turville and Council Member Renick being the opposing votes. Ordinance No. 466-M Mayor Turville read the ordinance by title only and asked for comment. There was none. MISCELLANEOUS ORDINANCE No. 466-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO WASTE PRO OF FLORIDA, INC., PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT. A motion was made by Council Member Caputo, seconded by Council Metnber Mullins, and carried unanimously to adopt Ordinance No. 466-M. Ordinance No. 323-C 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. City Manager Saunders requested that the City Council table the ordinance in order to confirm the accuracy of the borders of the service area. Council Member Renick requested that this item be discussed at a workshop meeting prior to final reading. A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to table Ordinance No. 323-C to the meeting of Februa~_ 11, 2003. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 8 Ordinance No. 460-M Resolution No. 1297 City Manager Saunders stated the applicant has formally withdrawn both requests and that a request for sewer service to the subject property appears later on the agenda. Council Member Caputo stated he wished to table this item to allow time to continue negotiations regarding this development between Staff and applicant. A motion was made bY Council Member Caputo, seconded by Council Member Ash to table Ordinance No. 460-M, Resolution No. 1297 and the request_for sewer service for 60 days. City Attorney Guthrie advised that the City Council cannot table withdrawn items. Motion was withdrawn by Council Member Caputo. UNFINISHED BUSINESS Resolution No. 1298 - Orlando Christian School Mayor Turville read the resolution by title only. CITY OF CLERMONT RESOLUTION NO. 1298 A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF 3,500 SQUARE FEET OF MODULAR CLASSROOMS. Variance Request - Orlando Christian School 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 recommended that the City Council only approve the Conditional Use Permit and not the variance request to allow the required landscape buffer to be provided in the public right of way. He stated that while Lake County is willing to allow this he cannot recommend it due to future road realignments and existing City sewer lines in the area. He stated that the applicant has provided a new site plan without the outside buffer but more information is necessary to proceed. Deputy City Clerk Studdard swore in the following: Dr. Lloyd Meyer, 100 East Grand Highway, the applicant, stated that he has authorization from Lake County to install the landscape buffer on the County property but he can keep the buffer on site and still have sufficient parking. He stated that when the road is realigned he can use the grass area for parking. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 9 Planning Director Brown spoke regarding the parking on site and requested that Resolution 1298 and the accompanying variance request be postponed until a scale drawing can be obtained for the site. Bob Shakar, 232 Mohawk Road, stated that the anticipated construction of the roadway is due to start next week. He stated his concern that the additional modular buildings might bring this site too close to the shopping center next door, since they already have users for the site who will wish to serve alcohol. He requested that a stipulation be added to Resolution No. 1298 prohibiting the buildings being placed too near the shopping center. Mayor Turville closed the public hearing at this time. Discussion followed regarding whether the Planning & Zoning Commission should hear the request again. City Manager Saunders stated the need for engineered detailed site plans to ensure the applicant has the capability to provide necessary requirements. Discussion followed regarding how to prohibit the additional school buildings getting too close to the shopping center. A motion was made by Council Member Caputo, seconded by Council Me~nber Ash, and carried unanimously to table Resolution No. 1298 to the meeting of Februa~_ 25, 2003. A motion was made bp Council Member Caputo, seconded bp Council Member Ash, and carried unanimously to table the variance request for Orlando Christian School to the meeting of Februarl/ 25, 2003. Resolution No. 1299 - Shore Land'r of Florida Mayor Turville read the resolution by title only. CITY OF CLERMONT RESOLUTION NO. 1299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FINAL ASSEMBLY OF UTILITY AND BOAT TRAILERS INCLUDING RETAIL SALES. Planning Director Brown stated the request is to amend the existing Conditional Use Permit to allow boat and utility trailer assembly and retail sales at 1993 S. Highway 27. He stated that currently Orange Services, Inc. and Budget Truck Rental operate at the property. Deputy City Clerk Studdard swore in the following: David Lange, 955 Brogden Drive, the applicant, stated he was available to answer questions. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 10 Mayor Turvillc closed thc public hearing at this time. Discussion followed regarding the chain link fencing and the requirements of the Conditional Use Permit. A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to approve Resolution No. 1299. Resolution No. 1300 - Royal Oaks Veterinary Hospital Mayor Turville read the resolution by title only. CITY OF CLERMONT RESOLUTION NO. 1300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A VETERINARY HOSPITAL. Planning Director Brown stated this request is for a Conditional Use Permit to allow a veterinary clinic at the southeast corner of U.S. 27 and Hartwood Marsh Road. Deputy City Clerk Studdard swore in the following: Kevin Jacobs, 10429 Lake Louisa Road, owner of the shopping plaza, stated he was available to answer questions. Mayor Turville closed the public hearing at this time. Council Member Renick spoke regarding noise concerns. A motion was made by Council Member Renick, seconded by Council Member M, dlins, and carried unanimously to approve Resolution No. 1300. Variance Request - United States Postal Service Planning Director Brown stated that the Postal Service is constructing a carrier annex facility on Lot 22 of the Clermont Commons Office Park located on Citrus Tower Boulevard and stated their need for the following variances: 1) To allow 19 continuous parking spaces without a landscape island rather than 10; 2) To allow a wall height of 11 feet rather than the maximum allowance of 6 feet; and 3) To allow perimeter landscape buffer to be sloped rather than flat as required. Deputy City Clerk Studdard swore in the following: Rick McCoy, McCoy & Associates, engineer for the project, spoke regarding the need for the requested variances and stated that some are required by the Postal Service. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 11 Willie Montgomery, 419 East Desoto Street, Postmaster, stated that the new facility will handle all mail operations except retail, which will remain on Desoto Street. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the Postal Service Variance Requests. Request for Water & Sewer - Highland Real Estate & Investments, Inc. (Johns Lake Road) Planning Director Brown stated this request for utilities is for a proposed 66 lot subdivision on the north and south side of Johns Lake Road, approximately 25 acres in size. He stated that the projected consumption rate is 23,100 gallons per day. Dale Ladd, 1135 East Avenue, Highland Real Estate & Investments, Inc., the applicant, stated he did not wish to meet Section 2 of the accompanying Water & Sewer Service Agreement wherein the property must be developed to City standards. He also stated he did not wish the property to be annexed into the City until after it has been sold. Council Member Caputo asked if Mr. Ladd proposes to build to County standards on the property? Mr. Ladd stated he did. Council Member Caputo proposed that the City Council delay decision on this request until after a Joint Planning Agreement has been reached with Lake County. City Manager Saunders stated that this subdivision has not received approval from Lake County but it has the correct zoning. He proposed that the City Council table this request to the next meeting. Mr. Ladd stated he would prefer a decision tonight. A motion was made by Council Member Renick, seconded by Council Metnber Caputo, and carried unanimously to table this request for Water & Sewer Service to the meeting of Februa~_ 11, 2003 (titne certain). Request for Water & Sewer - Highland Real Estate & Investments, Inc. (Doudney) Planning Director Brown stated this request for utilities is for a proposed 360 lot subdivision east of and adjacent to the Regency Hills subdivision, approximately 120 acres. He stated that the projected consumption rate is 129,500 gallons per day. Dale Ladd, 1135 East Avenue, Highland Real Estate & Investments, Inc., the applicant, stated that, as with the prior request, he did not wish to meet Section 2 of the accompanying Water & Sewer Service Agreement wherein the property must be developed to City standards. He stated he did not wish the property to be annexed into the City until after it has been sold. He further stated that he would like a decision tonight. Nancy Fullerton, 364 Montrose Street, verified that this is the property known as the Doudney property. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 12 A motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimously to table this'request_for Water & Sewer Service to the meeting of Februa~_ 11, 2003 (time certain). Request for Water & Sewer - Sullivan Auto Mall Planning Director Brown stated that the applicant has withdrawn the request. Request for Water & Sewer - Bill Seidle's Chevrolet-Oldsmobile, Inc. Planning Director Brown stated this request for utilities is for the existing auto dealership located on the southeast comer of S.R. 50 and Citrus Tower Boulevard and that the property is currently bein~ serviced by well and septic system. He stated the projected consumption rate is 1,590 gallons per day. Keith Sevems, 1465 Gene Street, Winter Park, FL, representing the applicant, requested that the City Council table this request to the next meeting to allow time to review the Water & Sewer Service agreement, particularly the annexation requirement. A motion was made by Council Member Mullins, seconded by Council Member Ash, and carried unanimously to table this request for Water & Sewer Service to the meeting qf Februa~ 11, 2003 (time certain). Request for Sewer Service - Jimmy Crawford Mr. Crawford stated this request for sewer service is for the property known as the Tollefson property located west of U.S. 27 and south of The Legends. He spoke regarding the history of the project and regarding meeting with City Staff in an attempt to bring the project into the City. He stated that the project will lose too many lots if built to City standards. City Manager Saunders stated that the proposed Utility Service Agreement that accompanies this request includes concessions made by the developer to meet City standards. Discussion followed regarding whether this project will become a part of The Legends subdivision or not and regarding the number of lots the project will contain. A motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried unanimously to approve this request_for Sewer Service. 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. Council Member Ash stated she would like to schedule a workshop meeting prior to the next City Council meeting, and she wished to discuss the 100,000 square foot ordinance at the workshop. It was the consensus of the City Council to hold a workshop meeting on February 5, 2003 at 6:00 p.m. at the Police Department Community Services Room. City of Clermont MINUTES REGULAR COUNCIL MEETING January 28, 2003 Page 13 There being no further business, the meeting adjourned at 11:38 p.m. Attest: / -l~l-T~u'vilie, Mayo~