2003-49 1
e . ; J
FIRST ADDENDUM TO JOINT PLANNING INTERLOCAL AGREEMENT
BETWEEN LAKE COUNTY AND CITY OF CLERMONT
This Addendum is to that certain Joint Planning Agreement dated December 3, 2003 (the
Agreement), between Lake County, Florida, hereinafter referred to as "County" and the City of
Clermont, Florida, hereinafter referred to as "City".
WHEREAS, the Parties have entered into the Agreement for the purposes set forth therein;
and
WHEREAS, except as may be amended herein, the parties do hereby readopt and restate
herein, the recitals set forth in the Preamble to the Agreement; and
WHEREAS, the Agreement provides that the City may not annex lands outside the
established Joint Planning Area as set forth in Exhibit "A" to the Agreement; and
WHEREAS, the Agreement provides that the Joint Planning Area may be amended by a
written amendment authorized and executed by the parties; and
WHEREAS, the City has received a voluntary annexation petition in accordance with
applicable law to annex certain property known as the Black West Property which includes 583 +/-
acres, approximately 140 +/- of which are located outside the Joint Planning Area set forth in the
Agreement; and
WHEREAS, the parties agree to amend the Agreement so that upon approval of said
Addendum all of the Black West Property referred to above shall be included in the Joint Planning
Area.
NOW THEREFORE, the parties, in consideration of the mutual covenants contained in the
Agreement and this Addendum, agree as follows:
1. This Addendum expressly modifies the Agreement and in the event of a conflict, the
terms and conditions of this Addendum shall prevail.
2. Joint Planning Area Amended. The Parties agree that effective as of the date
of this Addendum the Joint Planning Area as created in the Agreement and defined in Article III, 1.
of the Agreement shall be expanded to include the Black West Property referred to above.
Furthermore, the Parties agree and acknowledge that Exhibit "A" to this Addendum shall as of the
effective date of this Addendum replace in its entirety Exhibit "A" to the Agreement and shall be
applicable and govern all references to the Joint Planning Area contained in the Agreement and this
addendum.
3. All other terms and conditions set forth in the Agreement shall remain in full force
1
and effect and unchanged as agreed to by the parties.
4. This Addendum shall take effect as of the date that the last party executes the
Addendum. The City shall cause the executed Addendum to be filed with the Clerk of the Circuit
Court of Lake County and recorded in the Public Records of Lake County.
IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum for
the purposes herein expressed on the dates set forth below.
Attest: The City of Clermont,
a Florida municipal corporation
By: By
Tracy Ackroyd, City Clerk Mayor Harold S. Turville, Jr.
Date:
Approved as to form and legality
Daniel F. Mantzaris
City Attorney
Attest:
Lake County Board of County
Commissioners
By : By
Clerk to Board of County Commissioners Chairman.
Date:
Approved as to form and legality
Sanford A. Minkoff
County Attorney
Proposed Clermont JPA
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A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS Page 2 of 43
DEVELOPMENT REGULATIONS
Ms. Amye King, Deputy Director, Growth Management Department, addressed the Board
stating that she was pleased to present them with a proposed amendment to the Clermont Joint Planning
Area (JPA) Agreement's boundary, noting that the City of Clermont has requested that the County
expand said boundary to the north, so that the City Council may entertain an annexation proposal.
Mr. Wayne Saunders, City Manager, City of Clermont, addressed the Board and presented the
City's request to amend their JPA, so that they can annex into the City a tract of land consisting of
approximately 580 acres, which is under one ownership, with the north 140 acres being located outside
of the JPA. He stated that the owners of said property have requested annexation into the City, but,
under the JPA, the City cannot annex the property, unless they amend the boundaries to include the
north 140 acres, and, since it is under one ownership, the City has requested that the boundaries be
moved to the north, to include that 140 acres.
On a motion by Commr. Pool, seconded by Comrnr. Stivender and carried unanimously, by a 5 -0
vote, the Board approved a request from Growth Management for approval of Amendments to the
Clermont Joint Planning Area and the Joint Land Development Regulations, as presented.
INFORMATION TECHNOLOGY
ONBASE ADMINISTRATOR FOR INFORMATION TECHNOLOGY
DEPARTMENT
Mr. Steve Earls, Director, Office of Information Technology (IT), addressed the Board
requesting approval to hire an OnBase Administrator within the IT Department, to provide support to the
Lake County Community Access Network (LCCAN) partners, during implementation of their new
patient information system. He stated that response to the technical needs of the partners during the
rollout is vital to the success of the program. He stated that, initially, this position will be funded by the
Federal HCAP grant and, upon expiration of the grant, the position will be funded by the Building
Services Division.
Mr. Fletcher Smith, Director, Community Services, addressed the Board and explained how the
LCCAN partners and the HCAP grant works, noting that one of the main focuses of the HCAP grant is
to build collaboration and coordination between the indigent clinics in the community, and the LCCAN
software program allows those clinics to share information about patients and their treatment, to make
sure that they are getting access to the proper care. He commended Mr. Earls and his staff for all their
hard work and diligence in making the system work well, noting that, by doing it inhouse and having the
IT staff support the maintenance and upkeep of the software, it has saved the County a considerable
amount of money.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5 -0 vote,
the Board approved a request from Information Technology for approval to hire an OnBase
Administrator to support the Lake County Community Access Network (LCCAN) information system.
The OnBase Administrator position is included in the FY 2007 budget, so the request is to add the
position in the current year.
http : //lakecountyclerk.org/ forms /board minutes / 07- 25_Regular Meeting.htm 2/8/2011
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BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
OFFICE OF THE COUNTY MANAGER
AGENDA ITEM COVER SHEET
DATE: July 6, 2006 MEETING DATE:
TO: Cindy Hall [X] Public Hearing - July 25, 2006
THRU: Carol Strickll [X ] Action Item
BY: Amye King. ) [ ] Discussion Item
SUBJECT: Ame . nts to Clermont Joint [ ] Other
Planning Area an • int Land Development
Regulations
RECOMMENDATION /REQUIRED ACTION:
Recommend approval for the City of Clermont to amend their Joint Planning
Area.
BACKGROUND SUMMARY:
The City of Clermont has requested to amend their Joint Planning Area to include an additional
area referred to as "Black West " The proposed area is located north of the current Joint Planning
Area (see attached).
4 -- ,∎ \� Fiscal Impact $0.00 [ ] Capital Budget [ ]Operating Budget
Account No.
[ ] Affected parties notified of meeting [ ] Not required
Advertised: Date: Paper: [ ] Not required
Attachments (List)illustration of area to be included within the Clermont Joint Planning Area.
STAFF APPROVAL: DATE:
County Manager j
County Attorney dl.v `) (,�
Budget Office � ; ��' , /U' Pte' i/' f
ACTION TAKEN BOARD: d
[ ((Approved [ ] Continued /Deferred until
[ ] Disapproved Special Instructions:
Other: B
From: Administrative Support
MINUTES
REGULAR COUNCIL MEETING
JULY 25, 2006
• The future land use on the adjacent 19 -acre tract is Undeveloped District 6 (UD -6) Commercial. After
annexation of the subject property, the owner would be required to apply for a comprehensive plan
amendment for a UD -6 Commercial Future Land Use Map designation. Currently, a comprehensive plan
amendment text change affecting UD -6 is pending that would limit the intensity on this 33 -acre site to a
0.26 Floor Area Ratio, which equates to about 374,000 square feet That proposed text amendment is also
on the agenda as part of the 1 amendment adoption. The 13.7 -acre property is within the City's
Joint Planning Area and is contiguous to the City on two sides.
The subject property is bordered by C -2 commercial zoning on the east and north. Additionally,
undeveloped commercially zoned properties are adjacent to the west of the property. Access to the 33-
acre site will be from S.R. 50, Hooks Street, and Miss Florida Avenue. Planning and Zoning Commission
recommended approval of the rezoning at its meeting July 5. Staff recommends approval of the request
for annexation and rezoning.
Cecelia Bonifay, Akerman Senterfitt, was present on behalf of the applicant. The property to the east is in
the City. The applicant's intent is to combine. The first parcel must be annexed. It is bordered by C -2.
If approved, they will return with a site plan. Ms. Bonifay requested approval of the annexation and
rezoning. It is consistent with urban designation of the County's comprehensive plan.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Mullins moved adoption of Ordinance 560 -M: seconded by Council
Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members
• present voting "aye".
Council Member Mullins moved adoption of Ordinance 561 -M.• seconded by Council
Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members
present voting "aye".
Mayor Turville noted the next four (4) items would be heard collectively.
Darren Gray, Assistant City Manager, gave an overview of the Blackwest property. It is contiguous to the
City, located on the northeast part of the Joint Planning Area (JPA). The applicant is proposing a mixed
use development of residential and commercial. 140 acres are outside of the City's JPA and staff
recommended a map amendment. The County approved the amendment to the JPA to include the
northern portion into our JPA. Mr. Gray gave an illustration of the surrounding property. He reviewed
the site plan provided by the applicant and highlighted the annexation agreement which is subject to final
zoning and comprehensive plan amendment. The density is 2.5 units per acre with single family and
multi family and commercial not to exceed 21 acres as illustrated on the site plan. The Growth
Resolution is in place of which no building permit will be issued until there is a written agreement with
the School Board. Staff recommended additional language to read "Notwithstanding the foregoing, in the
event the City of Clermont and Lake County adopt a mandatory school concurrency ordinance., owner
shall comply with the requirements of said ordinance" The City will serve up to 1,100 units of residential
and commercial however to serve additional units, they would have to build infrastructure.
Barbara Hollerand, Planner, briefly reviewed the Large Scale Amendment. The related comp plan
amendment is a request for an amendment to the Future Land Use Map and a second amendment to the
• Future Land Use Element Appendix C language to allow for a mixed -use project with residential,
5
4.1==
MINUTES
REGULAR COUNCIL MEETING
JULY 25, 2006
commercial and community facility uses and an Undeveloped District 5 (UD -5) Residential designation.
• As required by statute, she advised of having copies of the Florida Department of Community Affairs'
Citizen Courtesy Information List Form should someone want to be notified by postcard when the
amendment is final. Ms. Hollerand reviewed the future land use map change from County Urban
Expansion and Suburban to the City's Undeveloped District 5 (UD -5) Residential. She reviewed the text
change to amend Appendix C of the Future Land Use Element to allow for single - family residential, town
home and community facility uses at this location, as well as for commercial uses consistent with a
subsequent planned unit development. The Planning and Zoning Commission recommended that the
language be amended slightly to replace "shall" with "should" and "may." Staff did not object to the
recommendation. The allowed square footage for commercial uses on the property is proposed to be
capped at 21 acres, or a .01 Floor Area Ratio which equates to approximately 200,000 square feet of
commercial space. The multi - family uses proposed are to be "fee- simple ownership" town homes and not
rental apartments. Community facility uses on the property would be outlined at the time of application
for the rezoning to a planned unit development.
As proposed last year, density would be capped at 2.5 units per acre under the proposed text amendment
to UD -5. Additionally, density would be applied to the property's net acreage, less its wetlands and rights -
of -way. On this site, the density would equate to approximately 1,100 homes. Under the current Lake
County comprehensive plan, Urban Expansion allows for densities of up to 4 units per acre. Suburban
land use allows for a base density of 1 unit per 5 gross acres. If timeliness criteria are met, density
increases to 1 per 1 gross acre or to 3 per 1 gross acre with a PUD meeting timeliness. The Suburban
portion of the property is approximately 140 acres, with the remaining 444 acres in Urban Expansion.
Approximately 35 acres of the property are lakes or are within the 100 -year floodplain. If the property
developed in the County, potentially more than 2,000 homes could be approved.
• Staff recommended approval of the Future Land Use Map change and approval of the text change to
Appendix C of the Future Land Use Element.
Darren Gray noted staff recommended approval of the JPA map amendment, annexation agreement with
an amendment, annexation and transmittal of large scale amendment.
Cecelia Bonifay, Akerman Senterfitt, was present on behalf of Center Lake Properties. She advised they
concur with the proposed changes made by staff in the annexation agreement and agree with the language
changes made by the Planning and Zoning Commission. All necessary studies have been done. The
officers of the Corporation were present and available for questions.
Mayor Turville opened the public hearing
Mark Leeser, 1135 Everest Street, read a letter on behalf of the President of the Summit Greens Resident
Association, Alfred Mannella, requesting the development to limit density to one home per acre, provide
strict protection of Old Hwy. 50 as a Florida Scenic Highway, construct single family homes only,
prohibit construction of commercial, warehouse, office spaces or multi -use building and questioned
availability of reclaimed water.
Bob Foley, resident of Mont Verde, thanked the Council and staff for care and concern by placing control
measures over this community. He spoke in support of annexing the property and requested the City
observe the progress of the development to ensure there are no deviations in plans to develop the
property.
• Jerry Sell, Summit Greens resident, voiced concern with the proposed text change.
6
T■
MINUTES
REGULAR COUNCIL MEETING
JULY 25, 2006
• Elizabeth Bethune, 14545 Jim Hunt Road, owns adjacent property, commented she is trying to gain better
access to the property. At the last hearing, Mr. Gonzalez and Ms. Bonifay noted an entry way would be
provided which would allow them to develop property as they wish. She also questioned access to water
and sewer pipes running to the property line. She noted this could be overlooked and requested the City
of Clermont look into.
Richard Bogg, Summit Greens, supported the request of the Summit Green Association and expressed
concern with changing the text to `shall'. He also spoke in opposition of allowing commercial property.
Stanley Pine, Summit Greens, expressed appreciation to the Planning and Zoning staff for assistance and
the City Clerks office for assistance with obtaining public records. He expressed concern with the
proposed text change. Mr. Pine spoke in opposition of allowing townhouses.
Judy Proli, Summit Greens, spoke in opposition of commercial structures.
Paul Bethune acknowledged that growth is inevitable in Florida.
Jim Purvis questioned allowing acceleration and deceleration lanes as well as a commercial area to a
designated scenic route.
Glen Buck, 14940 Old Hwy 50, spoke against townhouses and commented if commercial is approved, he
would like to see access off of Hancock Road.
Mayor Turville closed the public hearing.
• Mayor Turville inquired about the language change.
City Manager Saunders stated the intent of the language change is so they could not exceed what is
approved.
City Attorney Mantzaris stated that it guarantees the applicant to go to the maximum at 2.5 density and 21
acres of commercial. They are still required to proceed through the final development approvals. Mr.
Mantzaris suggested changing the word "should" to "may ".
City Manager Saunders clarified the applicant will have to return to Council with a Planned Unit
Development (PUD) for the entire site to address the roads as well as the acceleration and deceleration
lanes. Furthermore, acceleration and deceleration lanes are allowed on the scenic highway.
Mayor Turville inquired about Mrs. Bethune's question in regards to ensuring access to sewer and water.
City Manager Saunders replied that it will have to be addressed in the PUD as it is standard for staff to
look at adjoining properties.
Council Members Mullins and Goodgame addressed the issue of reclaimed water in response to Summit
Greens request.
City Manager Saunders commented on density noting the importance between the County basing density
on gross acreage and the City is based on net acreage.
•
7
MINUTES
REGULAR COUNCIL MEETING
JULY 25, 2006
Council Member Hogan noted he is for controlled growth and not opposed to all growth. He noted the
• developer wants to work with the schools. He disagreed with the townhouses and spoke in favor of
commercial.
Council Member Renick stated the City's decision should not be based on what the County can do. She
believes it is too dense.
Mayor Turville stated that Black West previously approached Minneola.
City Manager Saunders confirmed there was an application made to Minneola for annexation at one time
however it was withdrawn before a public hearing.
Ms. Bonifay replied they had discussions with Minneola. They were considering 3 to 4 units per acre
which is over 1,700 units.
Council Member Renick questioned whether the request went before a public hearing.
Ms. Bonifay stated they did not move forward with a formal hearing.
Council Member Mullins liked the project based on the merits of the project. He commented the City
will have a say about the townhouses and that it will be a good addition to the community.
Mayor Turville commented on understanding the difference between a threat and a real problem.
Minneola is in the process of finishing a sewer treatment plant and would be interested in talking to this
developer.
• Mr. Richard Gonzalez commented on his contributions to the community and noted that he would like to
do more. He envisions the trail system spreading into this development. Also, he advised of a promise to
substitute reclaimed water from Orange County in lieu of pumping water from the aquifer. That gallonage
exceeds the daily capacity of the City. This project was promoted by the City and will be complete in
August.
Council Member Mullins questioned the language change.
City Attorney Mantzaris remarked the language reference to the words `shall' or `should' would be better
served as "may" in the Comprehensive Plan Amendment. The Planning Board was guaranteeing them of
the 2.5 acres and they may choose to have less.
Mayor Turville asked Assistant City Manager Gray to describe the current zoning by the County.
Darren Gray remarked the current zoning is Agriculture but the land use has 2/3 as Urban Expansion and
1/3 is Suburban.
JPA Map Amendment
Council Member Mullins moved acceptance of First Addendum to Joint Planning Inter -
local Map Amendment; seconded by Council Member Goodgame. The motion passed 4
to 1 with Council Member Renick opposing.
• Annexation Agreement — Black West
8