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04-12-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • April 12, 2005 The Clermont City Council met in a regular meeting on Tuesday, April 12, 2005 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Ash and Renick. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of the Minutes of the City Council Meeting held March 8, 2005 Council Member Goodgame moved approval as written • seconded by Council Member Ash. The motion passed with all members present voting "awe ". PROCLAMATION Mayor Turville read Water Conservation Month and National Volunteer Week Proclamation aloud. • RECOGNITION Al Freeman, Water Conservation Technician, announced the winners of the "Drop Savers Poster Contest". Walter Poynter, South Lake High School Teacher of the Service Learning Class, showed a video of his students doing a class project repairing the 8`h Street Pier after receiving damage from the hurricanes. The class spent 450 hours working on the pro}ect. He appreciated the City allowing his class to do the work to give the students hands-on experience. Mayor Turville and the Council showed their appreciation by rewarding the Service Learning Class with a $1,000 check. REPORTS City Manager Saunders introduced newly hired Planning Director, Jim Hitt. City Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Goodgame attended the League of City Legislative Action Day. He met with Representative Randy Johnson to discuss growth and schools. Also, he attended the Apri15`h County Commission meeting where they approved the final plat for 247 homes on Hartwood Marsh Road. Council Member Mullins - No Report Council Member Renick stated the parents and teachers in this area have formed an organization named VOICE -Voters • Organization Involved in Childrens Education. She then asked Council to provide possible dates for a joint meeting with the school board for the City Manager to schedule. • City of Clermont MINUTES REGULAR COUNCIL MEETING April 12, 2005 Mayor Turville reported that he will make a change to the agenda process on a trial basis. At the suggestion of Council Member Goodgame, he will allow audience members the chance to speak to the Council at the beginning of the meeting after Reports and before Consent Agenda instead of the end of the meeting. Bill Banzhaf, 931 W. Montrose Street, spoke on behalf of the Downtown Partnership. He voiced concern with parents dropping off kids at First Friday without supervision. Wally Herda requested the City provide him with issued speeding tickets and tow away receipts by a time certain. City Manager Saunders advised that he has spoke to Lt. Jensen and he is pulling the requested information. He further noted the records will be ready by Friday. Karen O'Connor, Member of VOICE, expressed concern with growth causing a detriment to the schools and thanked Council for their efforts. Mayor Turville added that Ordinance 499-M has been requested by the applicant to be postponed to July 26, 2005. Ordinance 499-M Final Hearing Mayor Turville read Ordinance 499-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved to table Ordinance 499-M to JuIX 26; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Clermont Women's Club Roof Replacement Item No. 2 -Southern Fields Impact Fee Credit Item No. 3 -Reject Bid Award roof replacement of the Clermont Women's Club to Roof Top Services of Central Florida for $10,500 charged to Other Public Services Repair & Maintenance budget. Approval of Impact Fee Credit to Highland Real Estate, Southern Fields Subdivision in the amount of $93,487.50 Request to reject bids and negotiate a contract with Steven Counts Inc for construction of water lines • Council Member Mullins maved adoption of the consent agenda • seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING • April 12, 2005 UNFINISHED BUSINESS Mayor Turville advised the next 3 items are associated with a single development and will be considered collectively. Ordinance 506-M Final Hearing Mayor Turville read Ordinance 506-M aloud by title only. An Ordinance of the City of Clermont, Florida adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, 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 a severability clause; and providing an effective date. Resolution 1429 Mayor Turville read Resolution 1429 aloud by title only. • A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a Planned Unit Development that will consist of a retail center with a sixteen screen movie theater as the main tenant and restaurants. Variance Request -Epic Theater Barbara Hollerand, Planner, briefed Council on the Small Scale Comp Plan Amendment. If approved by Council, it will not be reviewed by the State and will become final 31 days from now. This amendment would change the Future Land Use Map designation from UD-2 Residential to UD-2 Commercial for this 10-acre parcel east of U.S. 27 and north of Steve's Road. It presently has R-1 zoning. Planning & Zoning Commission voted to approve the change and staff recommended approval. Curt Henschel, Planner, reported on the Conditional Use Permit and variances. The CUP is to allow for a commercial mixed use Planned Unit Development for construction development consisting of a theater, retail shops, and restaurants located at the northeast corner of Hwy. 27 and Steve's Road. The key component of the development is a 2,880 seat 16 screen movie theater. The commercial area to be developed is approximately 30 acres with an additional 32 acres on the east side of the property to be developed at a later date with the potential use of multi-unit residential development. Staff recommends approval with four (4) additional comments involving traffic issues. In section 4, staff suggested adding numbers 6 through 9 comments which include: 6) Roadway improvement plans for Steve's Road, Highway 27, additional public streets, and the project site, including but not limited to, access drives, accel/decal lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee, the Florida Dept of Transportation and Lake County prior to commencement of any development activity for any portion of the project. 7) At such time as signalization is determined warranted and necessary at the intersection of Hwy. 27 and Steve's Road the permittee/developer shall be responsible for the installation of the traffic light. ProjecC specific on-site/off-site transportation improvements consistent with identified City of Clermont MINUTES REGULAR COUNCIL MEETING April 12, 2005 project impacts will be the sole responsibility of the developer. 8) Median cuts along Hwy. 27 shall be limited to one directional cut located at the north end of the site. South bound movements from the site onto Hwy. 27 shall be prohibited from this location. 9) Median cuts along Steve's Road shall be limited to one right-in right-out driveway adjacent to out parcel #6, and one full median cut located approximately 800 feet from Hwy. 27. Planner Henschel advised Council the applicant is requesting two (2) variances. The applicant has proposed additional grading that has crossed over onto phase two of the project which does not have a site plan. The area covered by the excess grading onto the site without a development plan is approximately 2 acres. Staff would support this variance request as long as the proposed area to be graded meets the current grading ordinance. The applicant is also requesting a variance for grading cut and fill in excess of 15 feet. Staff is concerned with the amount of excess grading on the 30 acre site. Staff cannot support this amount of excessive grading and recommends the applicant redesign the site to work with the existing terrain. Duke Woodson was present on behalf of EPIC Theaters. The applicant is in agreement with staff on the CUP and the additional conditions. Mr. Woodson noted that the City Engineer suggested changes of which is being considered. At the least, he asked Council to approve the Comprehensive Plan Amendment and Conditional Use Permit. He further suggested possibly tabling the grading until they find a solution. Frank Dumarsh, President of EPIC Theaters, was present seeking approval of the theater and expressed a willingness to work with City staff. He briefed Council on the history of the company. • Scott Gentry, Civil Engineer, 1700 N. Orange Avenue, Orlando, discussed the applicant's grading plans. Mayor Turville opened the public hearing for comments. Planner Henschel clarified that the Planning & Zoning Commission approved the land use change but did not approve the Conditional Use Permit request. Bill Banzhaf spoke in support of the theater. Mark Schaffer voiced concern with not having a traffic light at the intersection and schools if the remaining parcel is developed with high density. David Outlaw believes the applicant is trying to circumvent the planning process and is concerned with grading. Jim Purvis, 4206 Hammersmith Drive, noted it is a wonderful project and has not heard of anyone opposing it. However, believes they are circumventing the rules and regulations. Mr. Woodson responded to the comments. Condition 7 as suggested by staff provides that the developer is responsible for a signal. He further advised they are not circumventing the process. The remainder of the property has a current Comprehensive Plan designation as residential. Mayor Turville closed the public hearing. Mayor Turville asked for a definition of Highway Commercial. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 12, 2005 City Manager Saunders stated that staff has consistently interpreted Highway Commercial as C-2 type commercial uses along Highway. Council Member Mullins suggested tabling all three (3) items until they return with a definite plan. City Manager Saunders noted the applicant is unsure with what to do with the remainder of the property. Staff suggests moving ahead with the Comp Plan and CUP however, believes there is more work to be done on the grading and recommends denial of the variance request. Council Member Renick expressed concern with multi family. City Manager Saunders explained they will be removing 10 acres of residential and changing it to commercial with this. Scott Gentry agreed to condition the property to not have multi family. City Attorney Mantzaris stated he could voluntarily agree to do that since he owns the property. Council Member Renick questioned when a signal would be determined warranted. Planner Henschel clarified that the Department of Transportation (DOT) will not allow a signal until capacity is there. • Mr. Gentry agreed to put in a signal as soon as DOT will allow. Council Member Ash moved acceptance Ordinance 506-M' seconded by Council Member Goodgame. The motion passed S to 0 on a roll call vote with all members present voting "ate". Council Member Ash moved approval of Resolution 1429; seconded by Council Member Mullins for discussion. Council Member Renick requested the motion be amended to include the addendum to eliminate the multi family. Council Member Ash stated it is presently Rl and nothing else can be done. City Manager Saunders confirmed it is zoned Rl and could not be anything other than single family without coming back to Council to request a zoning change. City Attorney Mantzaris suggested including it as an additional condition voluntarily agreed to by the applicant that they will encumber the balance of the property so that it will not be developed multi family. Council Member Mullins questioned the Conditional Use Permit applying to property. Cit~Attorney Mantzaris clarified it would be a voluntary agreement 6 the ap~ticant that if this Conditional Use Permit with regard to the 10 acres is going_to be effected then they would have to encumber the balance of the groper Also pointed out to incorporate staff's additional recommendation to section 4. • Council Member Renick moved to amend the motion as noted by Cit~Attorney Mantzaris; seconded by Council Member Mullins. City of Clermont MINUTES REGULAR COUNCIL MEETING • April 12, 2005 Council Member Ash requested adding a slab survey as a condition. Council Member Ash moved to amend the amendment to the motion to include a slab survey; seconded by Council Member Mullins The motion passed 4 to 1 with Council Member Good~ame voting "nay ". Mayor Turville asked City Attorney Mantzaris to read the language amending the motion by Council Member Renick. City Attorney Mantzaris stated the following: Permittee voluntarily agrees to encumber the real property to the east of the subject property and more particularlX described in Exhibit A hereto so as to restrict the development of the property for multi family residential purposes The encumbrance shall be recorded in the public records of Lake County and in a form acceptable to Cites The motion passed with all members resent votingaye „ for the lan~ge as amended by Council Member Renick to the original motion. Mayor Turville stated the Council now has to_ vote on the motion itself as now stands amended. The motion passed 4 to 1 with Council Member Good~ame voting "nab • Council Member Mullins moved to postpone the variance request to April 26 meeting,. seconded by Council Member Ash. The motion passed with all members present voting"~e". Mayor Turville called for a recess at 9:10 pm; the meeting reconvened at 9:22 pm. NEW BUSINESS SJRWMD -Consent Order City Manager Saunders reported on the Consumptive Use Permit issued to the City from the St. Johns Water District in September 2002 which included 54 conditions for compliance. In the fall of 2003, staff was notified of being in violation of the permit due to certain conditions not met and were proposing to issue a Consent Order for corrective action. Staff discussed this with District staff explaining all conditions were current and thought they accepted the explanation and dropped the consent order. Then, in fall of 2004, the City received a Consent Order for the same issues. Mayor Turville and City Manager Saunders rnet with District Director Kirby Green and thought the issue had been resolved. However, the City has received another Consent Order from the District. Mr. Green stated his staff felt that they should pursue action on this. The latest version states the City is in violation of 5 conditions. On page 2, numbers 6 and 7 refer to reports that they claim were late. When Mr. Saunders contacted the Mr. Green, he advised those two items would be removed from the order. Number eight (8) requires certain conservation plan components to be implemented and a report submitted. All components were implemented according to the timeline however the report was submitted late. Number nine (9) requires the City to install wetland monitoring wells in 8 locations. The City was approximately 5 months late in the installation of the wells. Number ten (10) refers to a requirement for a scope of services to be submitted to the District for review. The plan was completed and submitted on time however the scope was late. City of Clermont MINUTES REGULAR COUNCIL MEETING April 12, 2005 It is staff's position that we were not in violation of numbers 6, 7, 8 and 10 and requested Council agree to the Consent Order with the following modifications: Eliminate page 2, items #6, 7 and 8 and page 5, item #10 and all subsequent reference to these items. Also, page 9 under Corrective Action; eliminate item #27 requiring a $10,000 donation to the District's Public Awareness Campaign. Mayor Turville recommended giving $5,000 for public awareness instead of $10,000 as stipulated in the Consent Order. Council Member Mullins concurred with the amount of $5,000 with the possibility of spending it in South Lake County. City Manager Saunders agreed to suggest including the $5,000 for local public awareness. Mayor Turville suggested specifying they bring some of their program to South Lake County. Council Member Ash noted it seems as if the City is being unfairly treated on the Consumptive Use Permit. City Manager Saunders stated the District Director has encouraged the City to apply for an amendment. Council Member Mullins moved to offer $5 000 and request the~pend in South Lake County and include • the rest of the modif cations: seconded b~ Council Member Ash._ Jim Purvis recommended the City Attorney deal with St. Johns and commented on staff not submitting reports on time. City Manager Saunders informed Council that everything has been on schedule since Fall of 2003. Ordinance 320-C Mayor read Ordinance 320-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 102 Signs, Section 102-2 Definitions; Section 102-3 Enforcement; removal of unlawful signs; Section 102-10 Construction and Maintenance Standards; Section 102-12 Height and Setbacks; Section 102-15 Permitted Signs; Section 102-23 Changeable copy signs providing for severability; providing for an effective date; and providing for publication. Council Member Renick moved to introduce Ordinance 320-C • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Joint Planning Area Review -Automotive Sales Dealership Darren Gray, Assistant City Manager, informed Council of a request to Lake County to approve a Comprehensive Plan Amendment located in the Joint Planning Area. The owner is C.A. Meyer Jr. and the applicant is Jimmy Crawford. They have requested rezoning from Heavy Industrial "HM" and Planned Industrial "MP" to a Planned Unit Development for • uses as an automotive dealership, automotive body shop/repair and other commercial uses. The property is approximately 28 acres located north of Hwy 50, east of C.A. Meyers Asphalt & Mining and west of the proposed Plaza Collina. Lake County staff has recommended denial of the rezoning request. The second request is for a Small Scale Comprehensive City of Clermont MINUTES REGULAR COUNCIL MEETING • April 12, 2005 Plan Amendment to change from Employment Center to Urban Expansion (UE). Lake County staff recommends denial. Jimmy Crawford was present on behalf of the owner of Toyota of Orlando, Joe 5evillia. He is now the owner since purchasing the property from Mr. Meyer. They will be meeting all City grading, buffer, setback, landscape, parking and lighting requirements. Furthermore, there will not be an outdoor PA system. It is a quality benefit to Lake County with an architectural state of the art building. There are land use issues with the question of whether this is the right location for a car dealership. It is currently an employment center. The area has changed with the proposed development of Plaza Collina nearby. The first site plan given to the County showed a right in, right out on Hwy. 50. The County had concerns with that so Mr. Sevillia agreed to remove it with only one access onto the property to come in from Tiny Morse Road. He further stated that Industrial uses are no longer appropriate in Clermont and is surrounded by upscale development. Council Member Mullins inquired if the dealership uses balloons, flags, or parking in the right of way to attract buyers. Mr. Crawford exclaimed the dealership does not use any of those mentioned tactics. They will have a fully landscaped right of way buffer and park cars behind it. Mayor Turville expressed concern with Highway 50 remaining as a transportation road taking people to and from work in a reasonable commute. Mr. Crawford is agreeing to condition the PUD and have committed to no curb cuts on either parcel. He expressed a • willingness to discuss reasonable conditions. They have discussed access easements to Plaza Collina however Plaza Collina is not interested in doing that at this time. City Manager Saunders pointed out another issue regarding the property. The annual traffic impact fee project committee met last week for our district. One of the projects Lake County is showing as a priority for future road improvements is a frontage road or also referred to as a reverse frontage road. It would extend from Greater Hills Blvd. easterly through this site and connect with Plaza Collina commercial area. Mr. Crawford expressed a willingness to cooperate with the proposal of a frontage road plan. Council Member Renick remarked that based on the changes in the area, we are not sure. Council Member Mullins noted it is contingent on Plaza Collina. Furthermore, if there is an upscale shopping center built there then an upscale car dealership is logical. Without the shopping center, the car dealership is not. Council Member Ash made a motion to submit a letter statin~~ that we do not want to see any than e,~ s in land use until the Land Development Regulations and the future land use map is finished; seconded by Council Member Renick. The motion passed with all members present voting "aye ". Joint Planning Area Review -Residential Subdivision Darren Gray, Assistant City Manager, reported on the JPA review for a potential residential subdivision project. The owner is Mary B. Eddy and Extreme Grove Investments. The applicant is Steve Richey. The request is to do a Large • Scale Comp Plan Amendment to change the future land use map from Rural to Urban Expansion. The location is south of Hwy 50, north of Hartwood Marsh Road and west of the Orange County line. It compiles 216 acres and the Lake County staff has recommended denial saying that it is inconsistent with their current Comp Plan. It would create 800 homes, if City of Clermont MINUTES REGULAR COUNCIL MEETING • April 12, 2005 approved. The applicant, Steve Richey, was not able to be present for the meeting. Council Member Renick suggested not doing the Ciry's standard letter and requested a strong letter urging the County to not increase density. Council Member Ash so moved as stated by Council Member Renick• seconded by Council Member Goodgame The motion passed with all membersQresent voting "aye ". Council Appointment Forrest Coleman requested to be on the Parks and Recreation Committee. Mayor Turville recommended appointing him to the Committee and further suggested Council Member Goodgame as a Council liaison since he has been attending the meetings. Council Member Mullins moved to_ppoint Forrest Coleman to the Parks and Recreation Committee and Council Member Goodgame as the Council liaison • seconded bX Council Member Renick. The motion passed with all members present voting "aye ". Mayor Turville advised this is the end of the published agenda and opened the floor for public comments. Tammy Phelps thanked Council for their support in developing a growth Resolution to control growth in the South Lake area. The newly created organization, VOICE, is hopeful the City Council and the School board can develop a resolution. Cindy Barrow thanked Council Member Goodgame for attending the first VOICE meeting and for being supportive. They have received support from parents and teachers. The School board appreciated the efforts made by the group. Council Member Mullins commented on a letter received from Senator Paula Dockery in reference to water. She would like the state to take control and get back to local sources first to protect rich areas and alternative water supply sources. He asked staff to prepare a Resolution possibly for the next meeting. ADJOURN: With no further comments the meeting was adjourned at 10:52pm. APPROVED: .---' ayor Harold Turville A'~TES , 1, r • Tracy Ac oyd, City Cler