City Commission Meeting Minutes 04/01/2021

Meeting date: 
Thursday, April 1, 2021
 
LAKE MARY CITY COMMISSION
 
Lake Mary City Hall
100 N. Country Club Road
 
Regular Meeting
 MINUTES
Thursday, April 1, 2021 7:00 PM

 

NO VIDEO RECORDING WAS MADE FOR THIS MEETING.
 
1. Call to Order 

 

The meeting was called to order by Mayor David Mealor at 7:01 P.M.

 

2. Moment of Silence 

 

3. Pledge of Allegiance 

 

4. Roll Call 

 

David Mealor, Mayor
Jordan Smith, Commissioner
George F. Duryea, Commissioner
Sidney Miller, Deputy Mayor
Justin York, Commissioner
Kevin Smith, City Manager
Frank Cornier, Fire Chief
Mike Biles, Police Chief
Brent Mason, Finance Director
Bruce Paster, Public Works Director
Bryan Nipe, Parks & Recreation Director
Michelle McCurdy, City Clerk          
Steve Noto, Community Development Director
Krystal Clem, Planning & GIS Services Manager
Lindsay Malsam, IT Manager
Wanda Broadway, Human Resources Manager
Katie Reischmann, City Attorney

 

5. Approval of Minutes 

 

A. Draft City Commission Meeting Minutes - March 4, 2021

 

Commissioner Duryea made a motion to approve the Draft City Commission Meeting Minutes of March 4, 2021. Deputy Mayor Miller seconded the motion, and the motion carried unanimously.

 

6. Special Presentations 

 

There were no special presentations.

 

7. Citizen Participation  - This is an opportunity for anyone to come forward and address the Commission on any matter relating to the City or of concern to our citizens. This also includes: 1) any item discussed at a previous work session; 2) any item not specifically listed on a previous agenda but discussed at a previous Commission meeting or 3) any item on tonight's agenda not labeled as a public hearing. Items requiring a public hearing are generally so noted on the agenda and public input will be taken when the item is considered.

 

No one came forward, and the citizen participation section was closed.

 

8. Unfinished Business 

 

There was no unfinished business.

 

9. New Business 

 

Items A-C all related to the same item and were discussed simultaneously.

 

A. 2019-LU-01, Ordinance 1640: A request for an Expedited State Review Comprehensive Plan map amendment to the City’s Comprehensive Plan, revising the Future Land Use Designation from Restricted Commercial (RCOM) to Commercial (COM) for The Oaks at Lake Mary Shopping Center consisting of +\- 12.6 acres of property located at 3005 W. Lake Mary Blvd., providing for the Transmittal of the proposed amendment to the Department of Economic Opportunity. Applicant: Mr. Ben LaFreniere, Oaks at Lake Mary, LLC (Legislative – Public Hearing - First Reading) (Krystal Clem, Project Manager)
 
B. 2019-RZ-04 and 2019-RZ-05, Ordinance No. 1639: A request to rezone from C-1, General Commercial, to PUD, Planned Unit Development, for The Oaks at Lake Mary Shopping Center located at 3005 W. Lake Mary Blvd. Applicant: Mr. Ben LaFreniere, Oaks at Lake Mary, LLC (Quasi-Judicial – Public Hearing - First Reading) (Krystal Clem, Project Manager)

 

C. 2019-PSP-15, A request for Preliminary Subdivision Plan approval for a 5-Lot Subdivision for The Oaks at Lake Mary Shopping Center consisting of +/- 12.6 acres of property located at 3005 W. Lake Mary Blvd. Applicant: Mr. Ben LaFreniere, Oaks at Lake Mary, LLC (Quasi-Judicial – Public Hearing) (Krystal Clem, Project Manager)

 

Mrs. Reischmann, City Attorney, read Ordinance No. 1640 by title only.

 

Mrs. Reischmann read Ordinance No. 1639 by title only.

 

Krystal Clem, Planning & GIS Services Manager came forward to present all three items. She said item A is a request for Future Land Use amendment from Restricted Commercial (RCOM) to Commercial (COM). It opens up the zoning categories on the permitted use for the property. Item B is the rezone from C-1 to PUD. This also increases the permitted uses and allows us to restrict some of those uses through the Developers Agreement. Item C is the Preliminary Subdivision Plan which subdivides the property into five lots.

 

On the overhead was a map showing the location of the subject property being referenced.

 

Mrs. Clem stated it is located at the southeast corner of Longwood-Lake Mary Road and W. Lake Mary Boulevard. The site plan for the existing shopping center was originally approved in 1989 by the Planning & Zoning Board for approximately 35,000 square foot of retail and approximately 32,000 square foot of grocery store which was known as Food Lion at that time.

 

In preparation for future development in 2016 the applicant applied for a site plan to relocate a stormwater pond that was located at the northwest corner of the property to the southeast corner of the property. It has been about 5 years since that relocation took place and now the applicant is ready to move forward with the development process.

 

Currently the property is zoned C-1 (Commercial) but it does have a Developers Agreement associated with it. With this rezone to PUD the existing Developers Agreement will be terminated and replaced as outlined in the new Developers Agreement associated with the PUD.

 

On the overhead a site plan sheet of the PUD was referenced. Mrs. Clem said it shows that the property is going to be subdivided into five lots. Lots 1-3 will front W. Lake Mary Boulevard, Lot 4 is the existing shopping plaza and Lot 5—which is known as Tract A—is the existing retention pond.

 

As part of the Developers Agreement, the permitted uses include uses that are allowed under C-1, which is currently allowed. Additional uses will include C-2 uses except for uses that were a concern to staff on Lake Mary Boulevard. These uses that were not included are automobile service stations, check cashing businesses, and auto repair shops. Drive-thru restaurants are permitted on the site only if it is a coffee shop with drive-thru, doughnut shop with drive-thru or deli with drive-thru. This is very similar to language that is in the Griffin Farm and Midtown PUD.

 

Currently on Lots 1-2, the applicant is proposing a sit-down restaurant. On Lot 3 a coffee or pastry shop and Lot 4 will remain the existing shopping center.

 

Per the applicant, the architectural features of the property will be a modern twist on the Florida Vernacular style architecture. In addition to the PUD, the upgrades to the existing center will be completed.

 

On the overhead, the renditions of the exterior perspective for the Oaks at Lake Mary were referenced.

 

Mrs. Clem continued by saying currently, we do have a building permit in for Lot 4 with the upgrades shown on the overhead. If the PUD is approved then the building permit will be released for the construction to take place.

 

To continue, the maximum height for all buildings in the development is 35 feet to the load bearing wall and an additional 7-foot allowance for any architectural features.

 

Signage for the site was shown on the overhead. Mrs. Clem stated there are five monument signs proposed. They all front Lake Mary Boulevard. An additional sign is proposed on the southeast corner of the intersection of Longwood-Lake Mary Rd. and W. Lake Mary Blvd that will serve as a decorative gateway sign to the Midtown District. The applicant has agreed to work with the City on collaboration of a branded “City of Lake Mary” sign at that corner. Access to the site will remain the same.

 

A traffic study was conducted based on the proposed development and concluded that the proposed project would generate 2,751 new net daily trips, 250 new net A.M. peak hour and 182 new net P.M. trips. The study also indicated that intersection improvements would need to be made at the southeast intersection of Longwood-Lake Mary Road and W. Lake Mary Boulevard.
 
The applicant has worked with Seminole County to provide property at the southeast corner of the intersection for the addition of a north-bound right-turn lane on Longwood-Lake Mary Road. This will allow this intersection to operate at or above the adopted level of service. This improvement was installed by Seminole County in 2020 while the project was in review.

 

Since the final location of the buildings on Lots 1-3 are not known at this time, the offsite pedestrian/sidewalk connections shall be shown on those individual site plans.
 
The landscaping for the site follows Type “a” and Type “A” buffers. In addition we have requested foundation landscaping for the buildings and if a drive-thru is proposed, then the drive-thrus will be screened with hedges and plantings so they are not visible from W. Lake Mary Boulevard. This is similar to the treatment required at Griffin Farm at Midtown.

 

Open space for the site is 35% as a whole and each site must meet a minimum of 20% which is similar to New Century, Primera, and other PUD’s in the City.

 

The parking requirement for the site follows two main criteria. The first is the requirement for a shopping center which is one space per 250 square feet and then for restaurants it is one space for each 2 ½ seats plus one space for each employee on the largest shift. The total parking for the site was calculated and 396 spaces are required. The applicant is providing 398 spaces. Of note, there is also a cross-access agreement through the CCR that there will be cross-parking and cross-access on the site.

 

The applicant is utilizing the existing stormwater pond on the southeast corner of the property as there is capacity for the additional development.

 

At the Planning & Zoning Board meeting on March 9, 2021, the Planning & Zoning Board unanimously recommended approval 5-0 for the rezoning of +/- 12.6 acres of property from C-1 to PUD for the Oaks Shopping Center with nine conditions of approval from staff. The Board additionally added two conditions of approval. The first was that there shall be no drive-thru uses on Lot 3. The Board had concerns that if a drive-thru is proposed on Lot 3 that traffic would back-up to Lake Mary Boulevard trying to get through the drive-thru. The second condition that was added was that the Developer agrees to maintain both sides of the southernmost perimeter wall. A resident attended the meeting and had concerns about how the wall was being maintained, and the Developer agreed to maintain the wall.

 

In addition to no drive-thru uses on Lot 3, staff wanted to add an additional condition that allows for directional signage on Lot 4 to guide vehicles to where the drive-thru would be on either Lots 1 or 2.

 

Staff finds that the request for rezoning from C-1 to PUD for parcels totaling +/- 12.6 acres of property at the Oaks Shopping Center located at 3005 W. Lake Mary Boulevard has met the relevant Findings of Fact as outlined in the staff report, it is consistent with the City’s Development Code and the City of Lake Mary Comprehensive Plan and recommends approval of the First Reading of Ordinance No. 1639 with a total of twelve conditions of approval which included the ten conditions from staff and the two additional conditions from the Planning & Zoning Board.

 

For items A and C, the Planning & Zoning Board also recommended approval unanimously. Staff has reviewed the above-referenced application and recommends approval of Ordinance No. 1640 for the transmittal of the proposed Future Land Use amendment to the City of Lake Mary Comprehensive Plan from RCOM to COM. Finally for item C, staff recommends approval of the request for the Preliminary Subdivision Plan, it is consistent with the relevant criteria of the City’s Preliminary Subdivision Plan regulations, the City’s Code of Ordinance, and Comprehensive Plan, and the Oaks at Lake Mary Developers Agreement and recommends approval with one condition of approval from staff.

 

Commissioner Duryea asked if a cross-access easement was considered between Lot 3 and the one to the east.

 

Mrs. Clem replied, no, we did not consider that cross-access. It is probably as a result of the ownership—not being associated with the same owner to the east.
Commissioner Duryea asked if they would consider that.
 
Mrs. Clem replied, she believes they would lose parking and they would not meet the parking requirement if they did do a cross-access easement.

 

Deputy Mayor Miller wanted clarification on the parking requirements if they did a cross-access easement.

 

Mrs. Clem stated that she believes that Lot 3 requires 30 parking spaces and they are currently providing 30 parking spaces. So, if there were a cross-access easement between the property to the east they would probably lose a couple of parking spaces and the development as a whole only exceeds parking by two parking spaces.

 

Commissioner York thanked the Planning & Zoning Board for their recommendations. He wanted to clarify that what we are doing is expanding the commercial uses for this property but we are not necessarily changing the intensity. Mrs. Clem replied, correct. Commissioner York wanted clarification about the conditions of approval for the items. Mrs. Clem clarified the conditions of approval.
 
Commissioner Smith said he believes this is a great project. He thinks the Planning & Zoning Board did a great job with their recommendations. He asked Mrs. Clem to elaborate on the dumpster screening and landscaping. He also asked if with this development the tent sales would go away.

 

Mrs. Clem referenced the location of the dumpster on the overhead. She said part of the reason for it being located at that specific location is that they are trying to preserve as much of the existing oaks on the property and we have requested that the dumpster will be heavily landscaped with buffering so it would not be visible from Lake Mary Boulevard.

 

Mrs. Clem deferred the tent sale question to the applicant.

 

Steve Noto, Community Development Director, came forward. He added that regarding the tents, the code requirement for tent sales is that the tent cannot take up any required parking spaces and right now they have the tent placed on future Lots 1-2. Assuming that it wouldn’t fit over by the dumpster area, the only place for it to go would be over the required parking spaces which is not permitted. The tent would not fit anymore.

 

Commissioner Duryea asked if engineering had been done on this yet as far as drainage etc.

 

Mrs. Clem replied, yes, engineering has been done at this current scale but as each site plan comes in there will be more detailed engineering for each specific parcel.

 

Commissioner Duryea stated that if they are going to change the dimensions of the slopes, he would like to know about it.

 

Mr. Noto added that this is the Final PUD and PSP is 30% engineered. When they came in during 2016 to expand the pond that is on Tract-A, it was assuming this type of development. So, they actually already did the 100% engineering for the pond itself.

 

Commissioner Duryea asked if there is any downside to changing this Land Use.

 

Mr. Noto replied that we see this as the finish-out of the Midtown area that was created when Griffin Farms was contemplated. We always assumed that when Griffin came up that a build-out like this would occur at this site. It was only a matter of time. The positive is that the overall impact and density is less than Griffin. It is a pretty fair in-fill project given the size of the property and what else could have been put in the space. We found it to be a very good negotiation through the PUD process and we are removing some of those other uses that we were concerned about. We have learned some lessons from the Home Depot site and the Griffin site as it relates to flow for the drive-thrus, which is why we added the condition about signage. We are hopeful that as we get into the final site plan 100% engineering for each lot, we will be able to make this a better site than it is now. This is a well scaled in-fill project.

 

Commissioner Duryea asked about Mr. Noto to elaborate on the downside.

 

Mr. Noto replied that what is really nice about this is that they are preserving all of the oak trees that are out there now. They were able to coordinate with Seminole County to add the additional turn lane on Longwood-Lake Mary Road, and they also provided the improvement through the median cut. There is a lot of unexpected positives that came out of the project which has been really nice and they worked really closely with us to ensure that the flow and the uses fit in with what we were thinking would work best there.

 

Mayor Mealor remembers this site from serving on the Commission. He recalls that residents were upset because of all the trees that were removed from the site.  He stated that he read the Planning & Zoning Board comments and he was very pleased. 

 

There were no further questions for Mrs. Clem, and Items A-C were opened for a public hearing. No one came forward, and the public hearing section was closed. The items were then opened for discussion and a motion.
 
Commissioner Smith made a motion to approve 2019-LU-01, Ordinance 1640: A request for an Expedited State Review Comprehensive Plan map amendment to the City’s Comprehensive Plan, revising the Future Land Use Designation from Restricted Commercial (RCOM) to Commercial (COM) for The Oaks at Lake Mary Shopping Center consisting of +\- 12.6 acres of property located at 3005 W. Lake Mary Boulevard, providing for the transmittal of the proposed amendment to the Department of Economic Opportunity. Commissioner York seconded the motion and the motion carried 5-0 by a roll-call vote on First Reading. Commissioner Smith, Yes; Commissioner Duryea, Yes; Deputy Mayor Miller, Yes; Commissioner York, Yes; Mayor Mealor, Yes.
 

Commissioner York made a motion to approve 2019-RZ-04 and 2019-RZ-05, Ordinance No. 1639: A request to rezone from C-1, General Commercial, to PUD, Planned Unit Development, for The Oaks at Lake Mary Shopping Center located at 3005 W. Lake Mary Boulevard with the conditions of approval as stated in the staff report. Commissioner Smith seconded the motion, and the motion carried 5-0 by a roll-call vote on First Reading. Commissioner Duryea, Yes; Deputy Mayor Miller, Yes; Commissioner York, Yes; Commissioner Smith, Yes; Mayor Mealor, Yes.

10. Other Items for Commission Action 
 
None.

 

11. City Manager's Report 

 

A. Items for Approval

 

a. Microsoft Office 365
 
Kevin Smith, City Manager presented this item. He stated that in FY 2018, the City entered into an agreement with Microsoft Enterprise. The on-premise model agreement is coming to an end on May 31, 2021. Instead of renewing the on-premise model, we are moving to Office 365 cloud-based. The cloud-based will be an annual renewal subscription. The move will lower the yearly cost by $3,000.00. With the recent hacks to on-premise servers, we think this is a more secure move. Mr. Smith requested Commission approve the transition to Microsoft Office 365 in the amount of $38,673.24.
 
Commissioner Duryea asked if we could back-up our data here and in the cloud. Mr. Smith replied that the world is evolving, and there will come a time when they are not going to service these on-premise type modules. He said we are transitioning in our security. He said Lindsay Malsam, IT Manager, has been doing an incredible job.

 

Lindsay Malsam, IT Manager came forward to speak. She said there are a couple of things we are doing to help our security. The first thing we are doing is we are on a government cloud, we are not on a public cloud—so it is more secure. We also will continue to do back-ups (cloud and on-premise back-ups). Mayor Mealor thanked Mrs. Malsam for a job well done.
 
Deputy Mayor Miller made a motion to approve the request to transition to Microsoft Office 365 in the amount of $38,673.24. Commissioner Duryea seconded the motion and the motion carried unanimously.

 

B. Items for Information

 

a. Finance Monthly Report
 
The monthly Finance Report was included in the informational packet for review. Mr. Smith said everything seems to be trending accordingly. He wanted to point out that the General Fund (Intergovernmental YTD category) is tracking a little high. The reason for that is that is where our CARES money is located. As discussed several meetings ago, we were seeking funds in reimbursement for CARES related expenses related to COVID-19 relief.

 

He continued by talking about a second round of CARE funding known as the American Rescue plan signed by the President just recently. This is a slightly different approach. There are direct allocations of money to each municipality. Our particular allocation estimate at this point is approximately $7.3-$7.4 million. The eligibility for that money seems to be a little more expanded than the first round. However, there is no specific direction on that yet. We will wait for that direction and at that point in time, we will react accordingly and come back to Commission for further discussion and approval of the recommendations relative to those funds.

 

There were no questions for Mr. Smith. He then concluded his report.

 

C. Announcements
 
 There were no announcements.
 
12. Mayor and Commissioners Report

 

Mayor Mealor thanked the Police Department for their efforts to help people suffering from mental illness in a “one-of-a-kind" public-private partnership (reported in the local news).  He thanked all of those involved and said this is needed right now.

 

Commissioner York briefly discussed legislation on short-term rentals (HB 319 and Senate Bill 522) and the pre-emption of building design standards by local governments (HB 55 and Senate Bill 284). He wished everyone a Happy Easter and concluded his report.

 

Commissioner Smith stated that he attended the East Central Florida Regional Planning Council last week. He briefly discussed one of the projects named How Did We Grow? He also attended the Victory Track Club and discussed the goals of the club. He echoed the Mayor’s comments about the Police Department and thanked them for a job well done. He then concluded his report.

 

Commissioner Duryea thanked the Police Department and those involved in the mental health initiative. He then concluded his report.

 

Deputy Mayor Miller stated he attended a presentation of Brightline at the Orlando International Airport and briefly discussed the project. He thanked the Police Department for their efforts. He then concluded his report.

 

13. City Attorney's Report 
 
Mrs. Reischmann had nothing to report.

 

14. Adjournment 
 
There being no further business, the meeting adjourned at 7:46 P.M.