MINUTES OF THE SPECIAL MEETING OF THE LADY LAKE TOWN COMMISSION LADY LAKE, FLORIDA September 17, 2013

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MINUTES OF THE SPECIAL MEETING OF THE LADY LAKE TOWN COMMISSION LADY LAKE, FLORIDA The Special Meeting of the Lady Lake Town Commission was held in the Commission Chambers at Lady Lake Town Hall, 409 Fennell Blvd., Lady Lake, Florida with Mayor Jim Richards presiding. The meeting convened at 3:00 p.m. 1. CALL TO ORDER 2. ROLL CALL: Tony Holden, Commissioner Ward 2 Dan Vincent, Commissioner Ward 3 Paul Hannan, Commissioner Ward 4 Ruth Kussard, Commissioner Ward 1 Jim Richards, Mayor/Commissioner Ward 5 STAFF MEMBERS PRESENT: Kris Kollgaard, Town Manager/Town Clerk; Thad Carroll, Growth Management Director; Wendy Then, Town Planner; Chief Chris McKinstry of the Police Department; Mark Jones, Building Official; and Julia Wolfe, Staff Assistant to Town Clerk Also Present: Martin J. DelleBovi of the Benchmark Group 3. Open Forum Mayor Richards asked if there was anyone present who wished to comment on any item. There was no one. 4. Conceptual Presentation of the Site Plan for Lady Lake Crossings East SRK Lady Lake 43 & Associates (Benchmark Group) a 10 Acre Parcel Located at the Southeast Corner of N. Hwy 27/441 and Fennell Blvd. (Thad Carroll) Thad Carroll, Growth Management Director, introduced Mark Jones of Nova Engineering as the Town s new Building Official (building inspector, plans reviewer, plans examiner) and stated he is taking the place of Joe Crum who has moved on to Winter Springs. He stated Mr. Jones has currently been with the Town for two weeks. The Commissioners welcomed Mr. Jones, and Town Manager Kris Kollgaard introduced Mr. Jones to each of the Town Commissioners. Mr. Carroll gave the background summary from the agenda item cover sheet which is on file in the Town Clerk s office. He stated that SRK Lady Lake 43 & Associates, also known as the Benchmark Group, is the property owner of a 41 acre parcel located at the southeast corner of N. Hwy 27/441 and Fennell Boulevard, designated as Lady Lake Crossings. Lady Lake Crossings currently includes major retail stores such as Kohl s, Kirkland s, Tuesday Morning, Dollar Tree, and Rug World in the shopping plaza, as well as Tire Kingdom, which is an outparcel. The property has a zoning designation of PUD-Planned Unit Development, which is governed under Page 1 of 6

the Memorandum of Agreement (MOA) of Ordinance No. 2006-04. Over the last five years, the Benchmark Group has developed Village Crossroads, Sam s Club of Lady Lake, and Lady Lake Crossings (west portion), providing for additional options for shopping and dining to Lady Lake residents. At this time, the developer is working to bring additional development to the remaining 10 acre parcel located within the existing PUD to complement the existing retail firms and continue with the creation of economic development. Approximately 56,000 sq. ft. of new retail space is desired to be built on the 10 acre parcel. Prior to submitting the site plan application, the applicant would like to discuss some conditions that may require modification/waivers to the Commercial Design Standards, modification to the PUD ordinance, and/or may require variances. The packet included the following information: Conceptual Site Plan Planned Unit Development Memorandum of Agreement Ordinance No. 2006-04 Other Documentation submitted by Developer The applicant is expected to submit applications in accordance with the directions given by Town Commission to move forward with the process. Mr. Carroll introduced Mr. Martin DelleBovi of The Benchmark Group as developer of the project and stated he will be giving the presentation. Mr. DelleBovi thanked the Commission for allowing him time for this presentation. He gave some background on The Benchmark Group, stating they are a real estate development company based in Buffalo, New York, and they have been a privately held company in business for 31 years. Mr. DelleBovi stated that Cuhaci & Peterson of Orlando are the architects on their projects, and Kimley-Horn & Associates will be their engineer on the project. He recapped some of their past projects, including Sam s Club, Village Crossroads with junior box stores such as Best Buy, and Lady Lake Crossing with Kohl s. He stated there is only a little bit of vacancy in this last plaza, and over 540,000 sq. ft. of economic development has been brought to the Town through his group. Mr. DelleBovi stated the company has been very happy with the cooperation of the Town and with the results of the development thus far. Mr. DelleBovi stated there is one outparcel in front of Kohl s which is.92 acres and the infrastructure (stormwater, electric, gas, reuse) for the outparcel is in place already. He stated Chase Bank has signed an agreement to put a 3,550 sq. ft. branch with several drive-thrus in this location, and it will be their fifth branch in the area. Mr. DelleBovi stated that Core Engineering has been hired by them for their engineering and will be meeting with the Town. He stated their landscaping and site lighting will match the Kohl s center, and based on the plans thus far, minimal waivers for Chapter 20 of the Commercial Standards will be requested. The monument sign will also be similar to what is in the area, and should match what is required by Chapter 17 code for signage. Mr. DelleBovi reviewed the PUD (planned unit development) and stated Tract B, or Lady Lake Crossing East, will be developed last. He stated it will be a 71,000 sq. ft. shopping center to be developed with three junior box stores and two outparcels. Mr. DelleBovi stated six junior box stores want to be there, and The Benchmark Group is looking at them to see which ones will be Page 2 of 6

approved after real estate committee review. He stated the engineering and architects are still working on this project, and elevation themes will tie into what is being used at Village Crossroads on adjacent properties. Town Manager Kris Kollgaard asked Mr. DelleBovi what the plan is for the public area feature shown on the conceptual plan. Mr. DelleBovi replied that they are discussing this with Growth Management staff, and have looked at the idea of a fountain, but they are high maintenance. He stated bench seats and plantings are also being looked at. Ms. Kollgaard stated it is a nice feature. Mr. DelleBovi reported that McDonald s has signed a letter of intent and a final lease is drafted for execution for the outparcel in front of the three junior boxes. He stated McDonald s is a pearl for developers and they are very secure. Mr. DelleBovi stated McDonald s will need a few waivers evident by the site design and he needs to find out if they are manageable on the outset. He reviewed the proposed elevations and stated he has indicated to them that they will need to break up the solid wall along the drive-thru side. Mr. DelleBovi reviewed the drawings for the proposed signage package for McDonald s which includes a monument LED sign, and stated they will need to, and are willing to, apply for a special permit use for that. He stated they will need a waiver for their menu boards as they exceed the regulated code for height. Another waiver for McDonald s is that they will need to include a 43 setback from the road rather than the PUD code of 50. Mr. DelleBovi noted that Commercial Standards only ask for a 20 setback from the highway. Ms. Kollgaard stated that staff met with Mr. DelleBovi regarding the waivers and she stated she has no concerns with them, although they needed to be brought before the Commission. She stated she was initially concerned regarding whether the setback would be effected by the widening of the highway, but has found out it will not be effected, and there will be plenty of room. Mr. DelleBovi stated that McDonald s does not want to stripe or identify the loading zone as it is a dual use for them, and he stated that it is a conflict with the PUD code. Ms. Kollgaard stated that the Growth Management Director actually went to a McDonald s and observed the unloading after hours, and that they were very quick and efficient. Mr. Carroll reported that he went out to the location at Colony Plaza on 466A between 6 p.m. and 7 p.m., and observed people going through the drive-thru while the truck was unloading for about 15-20 minutes, and there was no problem. Mayor Richards asked if they had someone outside to direct people to use the other drive-thru while the truck was unloading. Mr. DelleBovi replied that they have cones and an A-frame sandwich type of sign to block off one lane when they know their trucks are coming. Page 3 of 6

Mr. DelleBovi stated that parking on-site is another issue for a waiver as code calls for 50. He stated he has agreed to provide McDonald s seven additional spaces next to the public area to be designated as employee parking, for a total of 44 spaces instead of the 50 per code. He stated that code also calls for a landscaping area directly in front of the building, and McDonald s does not want to obscure the front of their building as they like the look. Mr. DelleBovi stated they will not minimize the landscaping around the site, merely the landscaping in front. He stated these are the waivers McDonald s is looking for up front. Ms. Kollgaard stated that staff has met concerning these waivers and has no concerns, but asked how the Commissioners feel about them. Commissioner Hannan stated he is totaling committed to what has been presented. Commission Kussard, Commissioner Holden, and Commissioner Vincent all agreed; and Mayor Richards stated it is all totally doable. Mr. DelleBovi stated Benchmark will build a 4,000 sq. ft. retail building between the proposed McDonald s and Tire Kingdom, and that he has tenants to fill it. He stated the building elevation will be identical to the building elevations of Sweet Tomatoes and The Vitamin Shoppe, and waivers requested would be minimal with everything at the existing center and other proposed buildings at Lady Lake Crossing East. Commissioner Hannan stated he agreed with McDonald s concept of no landscaping in front of their building, but asked whether the 4,000 sq. ft. retail building next door should be consistent with this. Mr. DelleBovi stated he would note that and take a look at it during the landscaping planning. Mayor Richards stated he would like to have landscaping where we can, but understood McDonald s not wanting it to be there to catch wrappers, etc., being that it is a fast food restaurant. He stated that he likes the plans as presented and believes that the waivers that have already been approved for recent development have worked out well. Mr. DelleBovi agreed and stated they appreciated that the Town has worked with them and not put up road blocks. He stated that they will have signage for the new outparcel identical in size and dimension to the current one in front of Kohl s, but on the corner on the opposite side of Fennell Blvd. Mr. DelleBovi stated he hoped to be turning in plans within 30 to 45 days. Mr. Carroll clarified that the site plans will go before the Technical Review Committee and then the Town Commission for approval. Mr. DelleBovi stated that staff; especially Thad Carroll, Growth Management Director, and Wendy Then, Town Planner, have been a great help. He stated the Town s resources are tremendous and he was glad that they have all their ERU s in place and that they will be able to utilize the reuse lines. He stated once this project is completed, they have another 2.5 acre outparcel in front of Sam s that they have plans for, along with a 19 acre piece further down. Page 4 of 6

Mr. DelleBovi stated that they really like the mix they have for development. He asked if there were any questions. Commission Hannan asked Mr. Carroll if the Land Development Regulations allow for more than one sign on the parcel. Mr. Carroll replied that if the parcel is multi-tenant, they can have a multi-tenant sign, and each individual lot is allowed to have a monument sign on the property. Commissioner Hannan stated that signs are a hot button for him. He stated he is concerned over the size of the monument sign for Chase. He also confirmed with Mr. DelleBovi that Tire Kingdom has agreed to reduce the size of their monument sign if the bridge comes down, and he stated the sign did not go up where he thought it was supposed to be. Commissioner Hannan stated he would love to see the one sign on the corner of Fennell Blvd. include Tire Kingdom, and that you cannot see the current sign because of the trees. Mr. DelleBovi stated he has already indicated that to Ms. Kollgaard and took a photograph of it to show Mr. Carroll. He stated he will also approach Tire Kingdom and ask them about adding Tire Kingdom to the new sign, although they have the right to keep the sign they currently have unless the bridge comes down; then they will have to conform to the regulated monument sign code. Mr. DelleBovi stated Tire Kingdom s current sign is very visible coming north from Leesburg, and they have the right to have the larger sign due to the location of their plat near the bridge. Commissioner Hannan read some notes he prepared that stated that the conceptual plans submitted by Benchmark is for another five star development for the Town of Lady Lake, and that they have proven themselves in these economic times over the last few years. He stated there is no doubt in his mind that both the Town of Lady Lake and Benchmark will reap the benefits of the development. He stated he is tickled to death that Benchmark has submitted these plans. Commissioner Kussard asked if trimming the tree would help make Tire Kingdom s sign more visible. Mr. DelleBovi replied that it would help tremendously and would be an easy fix. He stated Benchmark has a maintenance easement within the right-of-way that allows them to maintain the trees. Commissioner Holden and Commissioner Vincent both commented that Mr. DelleBovi did a good job with this project. Mayor Richards stated he is pleased and looks forward to more ribbon-cutting ceremonies. Ms. Kollgaard stated she will send the Commissioners a copy of the PUD with the pertinent section highlighted and will make them aware of anything that comes through. Commissioner Vincent asked if it would do any good to send a letter to our representative or senator to get them excited about getting the bridge down. Page 5 of 6

Mayor Richards stated this might work, but he has already asked Frank O Dea, the Vice President of Program Development of FDOT District 5, if the project could be split up so this portion of the highway could be widened and the bridge could be dropped down. He stated they are looking into it, and if any money becomes available, it could happen sooner than 2018 as currently projected. Ms. Kollgaard stated that with this development and other planned development coming in, it could put more pressure on them. Mayor Richards stated he sent District 5 a list of the accidents that occurred within the past year, which were considerable. Ms. Kollgaard stated she has one suggestion for Mr. DelleBovi for his future developments: Bahama Breeze. 5. ADJOURN: There being no further discussion; the meeting was adjourned at 3:47 p.m. Kristen Kollgaard, Town Clerk Jim Richards, Mayor Minutes transcribed by Nancy Slaton, Deputy Town Clerk Page 6 of 6