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10-23-1979 Supporting DocumentsCITY OF CLPRAIONT MINUTES iI,:6 I,AR MEETINING A Regulnr. MeuL.ing of the City Counc,l.l, of the City of CLarmunt will, held I'll the Council Chamborn On Tucaday, October 23, 1979, Tho meeting wall ca.11od to order at 7:30 P.M. by Mayor Claude E. Smonk, Jr., With the following members pronent: Counci.lmon Schroedel and Meginloy. Other of.f:Lciols pr.oaunt. were: Acting City Manager. Smytho, City Attorney Baird, and City Clerk Carroll. Othere present were: Mendamen pitman, Kimball, Smoak, Ray; Mr. and Mrs. Andrew Filonchik, Mr, and Mro. Allan 1(oenc; and, the Messrs. Ilorton, Ciachotti, Weaver) Jones, Roberts, Searles, Wurtx, Thomas, Smith, ZeLLerlund, Sargent, Watson, Ilovia, Powell, Jackflon, and Honakor. A ropresantoLive of the SellLi.ncl/Star wall also present. The invocation was offered by Mayor Smoak, followed by the repeating of the fledge of Allegiance in unison by those present. The MinuLes of Lila Regular Mcuting held on October 9, 1979 and the Work Session held on September 26, 1979 were approved as written. VARIANCE REQUEST: MR. FRANK SMITH Council, sitting as a Board of Adjustment, considered a request by Mr. Prank Smith for a Variance to Article 7, Section 26-32 (a) (b) (RESTRICTIONS ON ERECTION OF FENCES) of the Zoning Ordinance in order to erect a privacy fence 8' in height on Ilia property located at 1336 holly Street as opposed to the maximum allowable fence height of 6' in rear yards. Mr. Smith appeared before Council in support of his request, and advised of his plans to construct a swimming pool in his rear yard, and he felt that a fence of 8' in height would be necessary for privacy and also safety as the property is a corner lot which slopes considerably from the street. Inquiry was made from the Chair as to anyone else present who desired to address the matter, and there was none. Councilman Meginley.opined ..._.._.::...i. that an on -site observation of the location by him revealed that the elevation was essentially the same as adjacent properties on both Holly and Linden Streets and thereby would not be an unique situation. Ile further suggested that the recently adopted Landscape Guide for the City, which is available to the public at City Hall, contained some excellent suggestions for live plant screening which could be of the desired height. Mayor Smoak opined that an exceptional and unique hard- ship on that particular location that would not be shared by other property owners in the area had not been established, which is necessary criteria to be followed in granting of variances. Motion was thereupon made by Councilman Meeinlev. seconded by Councilman Schroedel and unanimously carried that the request VARIANCE REQUEST: DR. THOMAS D. WEAVER Council, sitting as a Board of Adjustment, considered a request by Dr. Thomas D. Weaver for a Variance to Section 26-23 (R-3 RESIDENTIAL PROFESSIONAL DISTRICT) and Section 26-15 (LIMITATION ON NUMBER OF PRINCIPAL BUILDINGS ON LOTS IN RESIDENTIAL AREAS) of the Zoning Ordinance in order to place four single family dwellings as rental units on his property described as: Lots 8 and 9, Block 5, Sunnyside Unit Subdivision Dr. Weaver appeared before Council in support of his request, and advised that existing ordinances would allow him to construct a four -unit apartment complex under a single roof on the property, but in order to preserve the existing beauty of the site which includes numerous large trees, such construction would not be possible without the loss of many of the trees, and the cost for such construction would be too exorbitant to be practical at a reasonable rental fee. IIe further advised that the proposed construction would still be a four -unit apartment rental complex, but would be a new concept in that they would be four single units strategically located in order to preserve the existing chalet type units in the area. A previous written communication -to Council from the City Manager advised of multiple variances that would be required to allow the proposed construction. During discussion on the matter, it was the determination of Council that inasmuch as the requested proposal is a unique and unusual situation that is not directly addressed in existing ordinance, that the matter be tabled pending a written legal opinion from the City Attorney as to the legality of CITY OF CUNIONT MINUTES Of Council actJ.on on Cho request:as prupunod, and Litt)nuaCLar bit p aced an Lila next r.cgulnr meaLLog agenda. RIGHT-O-WAY SOUTH OF SHADY NOOK LAKE; ALtorney Mennin L. Norton, representing Gunge, 'Inc., appeared before CouncLl to request their re-conslderatl.on of a recent dea[sion regarding at strip of land bordering Shady Nook Lnke and property owned by Cuage, Inc. wherein they had denied it request for abandonment. It wait the determinntion a]: Council that the area in question in not presently being nmintalned by Lhe city; That no plans are proposed to improve the area for it park/beach fncLLJ.ty; That the strip of land is not forneen to he needed all all improved street, and has never been used its a street for ingress or agrees between Drew SLrect and Shady Nook Lane; and, That access to the Lake would still be available from both Drew and Pitt: Streets across public property. Based on this, motion was made by Councilman Schroedel, WEST ORANGE FARMWORKERS HEALTH ASSOCIATION Mayor Smoak announced that following previous action by Council to have the necessary Resolution prepared in support of the WOFWIIA to establish a satellite clinic in Groveland to serve South Lake County, the consideration of the Resolution had been proposed for this meeting to which all local representatives of the medical community had been invited to attend and address the matter if they so desired, but that a late communication from Mr. Herbert Mansfield, Director of WOF1411A, requested that the matter be withdrawn in order that they might have more time to reach out and inform more members of the community on their programs. Ile further stated that if it was believed a resolution was appropriate at a later date, he would again contact the City Council. Mayor Smoak advised that all interested persons would again be notified at such time a re -contact is made. FINANCE DIRECTOR Mayor Smoak advised of the recommendation of City Manager Forbes that Mr. D. Wayne Saunders be appointed as the City's Finance Director beginning November 19, 1979 and that his beginning salary be set at $15,000 annually. Motion was made by JOINT WORK MEETING Mayor Smoak reminded all present of the joint work meeting of the City Council and the Chamber of Commerce to be held in the Council Chambers on Monday, October 29th at 7:30 P.M., and urged that all interested persons attend. RETIREMENT FUND INVESTMENT ADVISOR Mayor Smoak advised of a request by Dr. Russ Fogler, the City's retirement fund investment advisor, for an increase in his consulting fee from $175 every two years plus mileage to $200 every two years plus mileage, to account for inflation. It was consensus of Council that Dr. Fogler has been an asset to the City, where- upon motion was made by Councilman Schroedel seconded by Councilman Meginley and unanimously carried that the request be granted. LAKE COUNTY LEAGUE OF CITIES Mayor Smoak extended his Thanks to all members of the Council who were present at the Lake County League of Cities meeting on -October 17th at which time a Resolution was adopted in support* of his candidacy for 2nd Vice President of the Florida League of Cities. ® 0 00 CITY OP CLPRAIONT MINUTES WATER QUALITY STUIIY Mayor Smoak +ntnounecd that Mr.. Will Davis, an Engineer with Lha Lake Sell. find WaLor ConsurvaLton Dintrict, and been employed by the j0111L conunitteo Lo net Its the project coordinator on the Upper PalnL.Inkllhn Water Management SL•udy; That he was presently on board; and, That in Lhe very nenr future it complete report on the status of the study would be submiLted to the public on n monL•h.ly basin. PROPOSED NEW CITY DEVELOPMENT Mayor Smoak advised he was pleased to announce that the City had been submitted a Plot Plnn for a subdivision containing 53 lots to be developed on what: in commonly known as "!looks Point", which he felt would unequivocally be the most ouL•standing development: in Central Florida according to Ole high caliber deed restrictions as imposed by the developer. fie further opined that such proposed first class development within the City of Clermont was inflictive of how com- plimentary the developer must- have felt toward this community, which he personally shared also and hoped that all other residents did too. REQUEST FOR A-95 REVIE14 - LAKEVIEW VILLAS, LTD. Willi regards a request from the East Central Florida Regional Planning Council for an A-95 review by the City on a proposed development in the City to be known as Lakeview Villas, Ltd., a development of multi -family units primarily designed for senior citizens, Mr. Allan Keene, a representative of the property owner, appeared before Council to advise that they were previously unaware that such application had been submitted; That the application is incorrect since the project -- as proposed is not located within the corporate city limits; and, That the -- ------ applicant does not have an option on the property as stated in the application. Motion was made by Mayor Smoak, seconded by Councilman Meginley and unanimously carried that no action he talcen on the anolication for review. and the Citv Manager CEMETERY RULES Mayor Smoak advised of a communication from City Manager Forbes wherein he submitted recommendations for revisions to the City's existing rules and regulations for the city owned Oakhill Cemetery, which had been established in 1961 and not revised since that time. The proposed revisions were independently orally reviewed by the City Clerk, and the following action taken, effective this date: 1. Motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the charge per burial space to non-residents be raised from the existing cost of $150 to $300, and, that 25% of the first $150 and all of the second $150 be placed in the City's Cemetery Perpetual Care Fund. 2. Motion was made by Councilman Meginley, seconded by Councilman Schroedel and unanimously carried that interment and memorial permit fees be raised from the existing fee of $1 each permit to $10 each. 3. Motion was made by Councilman Meginley, seconded by Councilman Schroedel and unanimously carried that vaults or liners be required for all burials except indigent burials. 4. Motion was made by Councilman Schroedel, seconded by Mayor Smoak and unanimously carried that, as a service to the community, the City, upon request, continue to purchase memorials for those that would want them. Mayor Smoak advised that copies of the revised rules and regulations would be forwarded to all area funeral parlors and monument sales companies, and copies would be available to the public at the City Hall. C►TY OP CLERMONT MINUTES IiAST CENTRAL. FLORIDA REGIONAL PLANNING COUNCIL. Mayor. Smoak reminded Council. of the necessity to appoint two representatives from Lila City to serve on the ECP1111C, one such member to be a member of City Council, and the second member to be a memter at large from the City, or a second member of Council. Ile further advised of contact from Mr. Nick Jones who expressed an Interest In serving as the member at large representative and he thereupon designated Mr. .]ones as the appointee. Mayor Smoak requested that the necessary appointment of ❑ Council Member be placed on the agenda for the next regular meeting. PLANNING AND ZONING COMMISSION A model ordinance to establish By -Laws for the Planning and Zoning Commission, as prepared by the City Manager and City Attorney, w❑s submitted for Council's con- sideration. The model ordinance was read in its entirety by City Clerk Carroll followed by consideration of each section individually by Council upon discussion and participation of interested persons present who desired to address the matter. Upon unanimous agreement of Council, the following revisions were made to be included in a revised ordinance to be presented at the next Regular Meeting for consideration: 1. The P & Z Commission shall be comprised of nine (9) members; 2. At any meeting of the P & Z Commission, a quorum shall consist of five (5) members of the Commission; 3. The Chairman of the P & Z shall serve as an ex-o££icio member -o£-----------; all sub -committees; 4. That any member of the P & Z Commission who has three (3) consecutive unexcused absences from Regular Meetings, and upon recommendation from the P & Z Commission, may be removed from membership at the Council's pleasure; and, 5. Qualifications for membership on the P & Z Commission shall be: (a) Be eighteen (18) years of age or older; (b) Be a resident, employer, employee or property owner in the City of Clermont. Each nominee should petition the City Council no later than its first regular meeting in January in order to demonstrate sufficient interest in the City of Clermont to warrant his/her appointment; and, (c) That no more than two (2) non -city residents may serve on the Commission at any one time. Mrs. Ruth Alice Ray, Mr. Henry Czech, and Mr. George Hovis, voiced objection to out -of -city residents serving on the P & Z Commission, and Mr. Nick Jones spoke in support of such appointments. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:20 P.M. CLAUDE E. SMOAK, JR., - ffayor 1 ��U.inn � / • �.fil.r3Y DOLORES N. CARROLL - City Clerr REQUEST FOR VARIANCF: OCTOBER 9, 1979 OWNER; Frank Smith APPLICANT: Frank Smith PROPERTY: Ntj of Lots 1, 2, 3, Block 16, Sunnyside Unit LOCATION: 1336 Holly Street ZONING: I R1 REQUEST: Mr. Smith wishes to construct a privacy fence 8' 6' is the maximum fence height in height, whereas allowed in the rear yard. COMMENTS: Mr. Smith is planning to construct a swimming pool height of 8' is necessary for and believes a fence privacy. The present zoning ordinance restricts fences to a height of 4' from the front building to height not .line to the front lot line, and a than 6' from the front building line to the more rear lot line. I have inspected other locations with 6' fences, and this height is generally adequate for privacy - purposes. Sincerely, ,09��� George D. Forbes City Manager PI.EASE PRINT Of? TYPE 10 HIE 'ZONING BOAIIL kDJUSTMUr ul' THE CITY OF CLERMUNI', FLORIDA APPI.ICANT NAME: Frank Smith ADDRESS: 1336 dolly Street (will lumen: (laving posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a derision of the Building Official of the City ut Clermont, whereby I was refused permission to: I'opo it ( ), Add to ( ), Alter ( ), Construct ( ), Move and Place ( ), a (sign) building 10L/s 11 1 of Lots 1, 2, 3 Block 16 u.,livisiou.Sunnyside Unit _YAddress.._ 1336 Holly Street__ __,Zone_ R-1 Linn of Cade Art. 7, Section 26-32-A-B ` in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a huilding permit is: Request for erection of a eight (8) foot opaque fence, Article 7, Section 26-32-A-B permits only a six (6)foot height to the front building line. My appeal to your, Board is based on my contention that this decision creates i.. li,u•dship on me for the following reason, or, reasons: Wishing to Install a swimming pool and the property referred to is a corner lot location - we could be exposed to people of superior height. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- t.0 m are attached hereto, on paper size 81," x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique n on my p rticular parcel of land that is not shared by property owners in my area. 1 ILL applicatiun of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no IdLer than 5:00 P.M. on Friday, two (2) weeks prior to the Counci9 meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of Lhe structure must be completed within one year from date of grant. 7-7- q Very truly yours, 1 � 1 1� 1,n IM Iw R 1 cry . oat T® Sg,t LI& I uly of WI wl I 1 W � J y. � GC O z r C � z � � I 13 3(v }*o L. y ST os-4 Is t4 ® 6 .Y . Vmtmowc-m AWIL CITE( OF CL.ERMONT P.O. BOX 210 • CLERMONT, FLORIDA 32711 • PI ION 904/394.4001 October 10, 1979 RE: NORTH 1/2 OF LOPS 1, 2, 3, UNIT 16, SUNNYSIDE 1336 Holly Street Dear As an abutting and/or adjacent property owner within 150' I of the above mentioned property, you will please be advised of the attached described request for Variance that shall — - be considered by the Clermont City Council, sitting as a Board of Adjustment, on Tuesday, October 23, 1979 at 7:30 P.M. in the Council Chambers. ALL such requests are considered in Public Hearing, and you are invited to be present to express your views on the matter. Slinncce�rel�y�, DOLORES W. CARROLL City Clerk DWC:js Attachment(s) P )crLy owners notl.f.ied for SMLTII Variance reducut Neal V. Dauphin 787 E. Minnchaha Clermont Mable M. Block 186 Seminole Clermont Edward Veal P. 0. Box 220 Cripple Creek, Col. 80813 Leon Duarte 177 Linden Clermont Ervin J. St. Pierre 190 Linden Clermont George W. Brown 272 Linden Clermont Clarence J. Mitchell 250 Linden Clermont Berenice M. Rhonemus, ct al 263 Linden Clermont Mlchnel J. Francia 208 Linden Clermont Ruby G. Banks 1035 Seventh Street Clermont Anthony Mutlick 253 Linden Clermont Adrian L. Hayes 4102 Winchester Drive Portsmouth, VA 23707 William E. Barton 214 Seminole Clermont 1., eAf Vk CITY OF CLERMONT P.O. BOX 210 CLERMONT, FLORIDA 32711 • PHONE 004/394.4001 September 28, 1979 Mr. Frank Smith 1336 Holly Street Clermont, Florida 32711 Dear Mr. Smith: We are returning your application which we received In the mail today. You failed to attached your check In the amount of $25.00 which Is required for the appeal fee. If you wish to proceed with this request, you will need to return the application with your check and a note letting - -` us know your decision. Very /truly yours, jkra Harvey Nagel F Building Official HN:mf Encl. outobcx 10, 1979 k,r, t`rnnlr. ;aiL•h Strimit C'1.ummm, viorida 3271.1 13t:ear. :.r. Smiths 1'I:a Cit:/ Corancil, nii.t.i.n7 rr.*.r a Board oC Adjuntment in Public Uum rinri, ah:al.l connid,,ir ;ro;ar roGueat i.'or variu:tc� to t.t^,a .:onf.::'r 0rdi.nanc : at t:w'.J.r regular m.Ming to L, hKi Muldan Mt.o1>ca.. "?;, .1.979 at appro-i::tatalx' 7.30 .rr, in thu C:croutaM-1 :; wPhera, iacutatd in ttu: FaJ.t _ and 1'.ire L`,uilci.nrt, cornor of _ Uout Avei%Lo and Do:i!,)t Str.Cntr It is nucusm=y butt Ion or your .. ;+re;;..ntaaLive bcr jument at Leis ::;.,Mwg in r,u,>Port''-)f: yaur rcaciuer.,L•. Si::cOrt,.ly i Lolore:: W. Carroll City Clark r ppj DWC:j i cc: Building Official k 1; s'j T0: City Council FROM: City Manager SUBJECT: Right-of-way South of Shady Nook Lake DATE: October 18, 1979 Dennis Horton has requested to appear on the Council agenda to discuss the right-of-way south of Shady Nook Lake. Mr. Morton believes that since there was no street or dedication shown on the original Plat, this property is not City street right-of-way. He requests that the City abandon its rights to this property, and City Attorney Baird's response to this request is also at Respectfully, George D. Forbes City Manager GDF:js xc: City Clerk (10-23-79 Agenda) Attachments Ra C . to 110VIH ANI) IlAI721) ATTo11NCYD AT LAW non,.1—c o Wrn O.LL /IL MIIDIIINTI 1•'L(lllln.l IIY71l O [0110[ C IIOVIO l[ON�IID N Oil D, JD T[L.11I [ ]O -.1 October 8, 1979 Mr. George D. Forbes City Manager City Hall P. 0. Box 219 Clermont, Florida 32711 Dear George: Enclosed is copy of a letter I received from Dennis Horton. Also enclosed is a copy of a portion of Plat Book 3, page 5, which shows Lot 3, Block M. As you can see from the Plat, there was no street shown on the original plat. Hillcrest Subdivision with the street South of the lake, first showed up on the Official Map of the City in Plat Book 8, pages 17-23, and there is no dedication of streets on that plat. As I have advised the City in the past, even if there is no dedication of the streets, the City still has some interest in that area shown as a street. This is especially true if lots are sold with reference to the plat. In the case of Guage, Inc., it is my understanding that they wish to build additional units on the property. In my opinion, they have utilized the property as Hillcrest Subdivision, not as Lot 3, Block 11, which would lock them in as admitting there is a street around the lake. It would be my recommendation that the City continue to treat this property as street until the courts clarify the matter. Very truly yours, LEONARD H. BAIRD, JR, City Attorney LHB/rpe Enclosure Dennis L. Horton, 1'. A. Attorney and Counselor at Law October 3, 1979 609 Montrose Street. C;Iermout, I'lorlcla 32711 Telephone (90d) .19.t-4005 Leonard Baird, Esquire City Attorney P. 0. Box 848 Clermont, FL 32711 go: Ownership of land bordering Shady Nook Lake Dear Lennie: Pursuant to our telephone conversation, I am putting in letter form my legal opinion regarding the title to the strip of land shown on the City of Clermont map filed in Plat Book 8, pages 17 through 23, dated February 4, 1926, bordering the South end of Shady Nook Lake on the North and Lots 1, 2, 3, 16 and 17 of Hillside Terrace on the South. After a search of the Public Records of Lake County, Florida, and a review of the chain of title, it is my opinion that the City of Clermont never acquired any legal rights to the property in dispute as it was never deeded to them nor dedicated to the city and accepted by the city. The property has never been used by the city for a road. As you will see from the copies of the deeds in the chain of title to this property, my client, Guage, Inc., and its predecessors in title have described the property as formerly Lot 3, Block M, according to the City map of Clermont filed in Plat Book 3, page 5, dated January 1, 1884, which description would include the strip in question. My client intends to use this property based on this title information but would first like to get a formal resolution of the dispute with the city. Therefore, I would request that after you have reviewed the copies of the chain of title documents and completed whatever research you wish regarding this title question, that the city council reconsider their recent decision regarding this strip of land. I would prefer they formally abandon any rights the city might have in the property which would avoid the need for a quiet title or declaratory action. I will await to hear from you. Thank you for your cooperation. Sincerely, Dennis L. Horton dg . A let", t"I" J:. ti,4 hi". h'DGEi�'OOD PLACE oe' vo,r"I 'EAST LAIrf-8 PLACE H'rL-L ORE �s T 81ork Oby (el-i t"U" HILL CIE tor' j, Blorc rl OGC.C419 .4'1� 17 ;141 "d 10 4 WP:rC HIGHLAND j)yD r _4 .LIz-rcox-z.r PARK OV.SR4007,- PALM ,R,-VrZ,e.A HEIGHTS "Al, A,, SUNNY SIDE HEIGHTS .."b". '131111( 0 - SUNSET JfHZGZjrT-5 TO: City Council FROM: City Manager SUBJECT: Roquest for A-95 Review - Lakeview Villas, Ltd. DATE: October 18, 1979 Tile City of Clermont• has received a request from the East Central Florida Regional Planning Council (ECFRPC) for A-95 review of the proposed Lakeview Villas, Ltd. project. The A-95 review process is required for all projects involving federal funding. It is a regional planning review process in which local in- put is requested by all units of government that may be effected by a government sponsored project. Enclosed is an application for federal assistance by Lakeview Villas, Ltd., for apartment units that are proposed to be constructed just outside the city limits midway between Highway 27 and Highway 50 (see site map). The application is incorrect in stating this project is inside of the city limits, and the ECFRPC officials have been notified of this fact. The ECFRPC is simply asking the City if they have any comments. in support of, against, or no comments on this project. Mr. Allan Keene, a representative of the owner, will be present at the October 23rd meeting to answer any questions you might have re- garding this development. If this project were in the City limits, it would be required to go through a subdivision review process and require a conditional use permit. Respectfully, George D. Forbes City Manager GDP:js , xc: City Clerk (10-23-79 Agenda) Enclosures I all THE }j"'Colllra��„�7 REGIONAL PLANNING COUNCIL R 1011 WYMORf RGAD - WINTI:R PARK, FLORIDA 32780 TI::I.LPIIONE (305) 445.3339 October 5, 1979 Mr, cordon 'I i many City M:uutger P. 0. Ilox 21!1 Clermont, Iloridn 2711 Subject: Lakeview Villas, Ltd. Clermont I!C:f•RPC No. LA-80-11 Ooar Mr. 'Tiffany: In accordance with the requirements set forth in the Office of Manal;ement and Budget Circular A-95, revised, dated .January 1, 1976, this office, as the responsible areawide clearinghouse, is In receipt of the abOVC subject project for our review and comment. As part of our established review procedure, we solicit comments from appropriate local agencies. Please find enclosed Information on the subject project and a form for your conven- ience in making; any comments you may wish to have incorporated into our review and recommendations. Ile would appreciate your forwarding your comments no later than Octoher 19, 1979. If you have any quostioas or would like additional informs- tion, please contact me. Sincerely, Joel A. Ivey Project Review JAI/cb Encs. cc: lion. James It. Carson, Jr. Mr. Michael C. Willett Mr. P.C.W. Kramer, III 11. �oC APPI ICA'rim FOR IFEM-NAt.. AVII i-101CF W.-It App.-I 11'. VI-IM714 CANV; r . wir I ?if^, I m ITT I API- c4(!0l, M.D 11 bl--k 11,11,11AL 0,11PU-111t t:0- 4, I.I.QA1. 141- Lakeview Villas, Ltd. b.. I 1014 Temple Grova .1 CRY Winter NO( e, en,rnN I 0ran,j,! b. Tilt, 1. 1 Flol Ida Rural Rf:IIlL;-I Ilotming h. C-I.d 1'.." IN-. Robert N. Gardtict, 11TI.C. AND DEI�CIIIVTI�Y, I OF APPLIUMV3 PROJI-V 11.01 APPLICAM/i4icipichr A 0 11,11.111ITIN I. 1,1Z - I YA- Con5trucLIon of 51, urilt:!; of an(! and Two 1'!., Bedroom Apartment,.. for rental to Senior i I ct It I zans under Vie section 515 Itural Itental L ra rme r!i Hamn Admi n i �, I- ra L i cl Y, 0, = EM" nppw,W. law Housing Program of The , WTI 6-F* . ............ 9... C] '6' w 1;!. IYPI. 07 tXPLIUMIQU Clermont I, Lakti County 0 15. ly.-C Or (AW'Cu W., 1-1 1:0 n 1120 -1 - - r _- - -- , - . i7p. 5. I, cr Alh 11 I") Ilr - r '"r 11. - II I f;A1F. tv IIIION L 1— E I rill I uri—,L ATq to Y, xjrl:IG TLI,LJ'Al. NU"'Mt I'L TO II IL 5-1 1';.. 2 ",0 /,�;uqcy 1,1979 9_ W AGI 1�16bi " I. fit , NC1, "�'L II'Q1JE',T 3. arrr1et-5 Howl! 10W, GAJFI--svi I le, Fl,. Ell, -.7 10, N I)r Central I -lorida Regional I'llarinning -11 -0-d 11 1-,-Duren( counci I F1 a. ,if t lutLergovc,.riirrentilRulations 79 24 5. A YLICA- ,,:h =v TIKU VA�L -M TM I, ardne Robert N. G, ACQUEST, INC., Gcneral Parts AGZIOY NAME I I 0if nF.CEiVEF) 39 ""'CC �A�61ZAVJO:JAL umir• II)EkhriCAaIWI --------------- IF111TI1.4 A, —ION 1AK-N FM1rII;4a 21. 1,.,; of ARTING n A— —.-- OU 37. ;-:TI0N UAT-. Y--JT2- b. Ap".0c"r -?—;r 111,1 A1j1:ITt0N%-. INF01MA- 3 1. hy an, ­4 4.­l— Ian, IV i:.ca foll A-W!,,wv I a M A A.:L-0 W., r N, L., C.-- 01-111 N-y A is>:fl'tlll'P I'-G Piti:rl'l'I.fCA'1'fCRI 1l.P�URt4r.'I'fOiJ l.. ELIOIBILITY. A. I•'inanc.ial Stat^.m-ants: Attached arc! r.nrrent, dated ,Intl nigned financial. nL•atements on the following: 1. Acquest, Inc. 2. All ,;tockholder.s of AcquesL, Inc., oorni.nq :in excess of '10'A of AcquesL, Tnc, stock. Statement Concerning tho Financial Position of Lakeview Vi.11a6, Ltd.: Upon approval of this preapplication, T,caceview Villas, Ltd. will be formed. The general and limited partners will. contribute sufficient capital to the limited partnership to provide the required' construction and development equity and also the required ti•:orking capital. reserve.. B. EviAencu of Inability to Obtain Local Credit: Attached are letters from financial sources lending in the local area indicating that local credit .is unavailr.ble. C. Applicant L'xperience in Rental Rousing: The principals of. AcquesL, :Inc. were principal of:ficcr s of: Condev Corporation, a major producer and manager of rental apart- mcnt communitie3 throughout Florida. (Resumes of the principals are attached.) During the past eight- years, Condev has successfully develop- ` ed and managed in excess of 6,000 rental apartment units. These developments ranged in size from 60 to 425 units, with a total value of $80 million. The extensive property management expertise accumulat " ed during this period will be utilized to achieve the success of the proposed 54 units .in Clermont. D. Organization: Lakeview Vi.11as, Ltd. will be formed, upon approval of: this preapp.lication, under the Plurida Uniform Limited Partnership Act. Attached i.s a copy of: t110 form of 1LGlitod part-ner:;hip n.greement- to he. ttc:r•d. J'hn q •nc+rat l,:n t:nr c ta will hn Ar In •,;L I'nr,. , n L r..ic1tr cl ccrtpurrrtic)n .Ln Irrr:xl ct.uuli.ncl. I'h • In in ilvrl hu:.lnc:;n of uuuL, Ina. in to aC.q.ti.r err rluv<•lop rc•nt,il qno Lmonl. ccruwurn.it i.r.s.ltcTho utf..tcurr, and d.iruct.oc:: of. Accluuc:C, Inc. and their percentagoo or t;ta,,k ownorship art.-: Nanle and Adflx:a:,:; Pos.it:iort 2 of ;:ltncl: Owner.•;;hi� Robert N. Gardrvxr f'rooidr!nl 33 1/3 �+ Winter Park, 1'lor..idcr Dircct:or. Jac;eph J. Gardner V.P. , Sac. and 33 1/3 Winter hark, Plorida 1)Lr:ector Robert: L. Scc:r..i.nt, Jr.. V.P., Treas. and 33 1/3 Orlando, Plor.idtx Director r 2. NEED AND DEMAND This preapplicaL.i.on is submitted on the basis; of the applicant's cxperiencod asscssment of the need and demand for at: least 54 rental units in Clermont, 1•'lorida. More imporLantly, the attached market research report conducted by the indep^ndcnt research Lirm of. Data 1•ax, Inc. indicates a strong demand for the niwber and type or units 111*oposcci in this preapplication Based on this serious need, c•arbirud with the applicant's experience in operaCinc !:Qntal hou.sing, it is requested that. the Parrs 1[ome Admin- istration act. po:;iHvely .in com:nit.! ing fru:W for the devr•.lol.mrent of this, proposed Sect...iou 5.15 dcvelopmrnL. 3. SITE A. SWO of Tract: A six acre site has been optioned within the Clermont ciLy Iimits. The site is located in a residential area and will be served with sewer and water by the City of Clermont. All essential community services, shopping and medical facilities are available within: the city limits of Clermont. rR. B. lmooLion Map: Thu aLLaalu:d Inap 1;1W,I!; t.IL : i lr- JncatA011 i.n r"l.crL.i.r.,a Lo :chon:le;, r.ocrunt•lorr fac.i11,tl.c:;, kit 11,1.Ly ay.;ilabi.li.Ly and nLhr.:r nr..iyhl.rnrhuod amun.iLi,e:;. C. f,and ConUacL: ALtachad 1:; a eoj.iy of HI" c:r ni L!ul aclrunm<:nL due;cril.ri.nrl Ulu Lermn of the upL•lon conLracic I. or thi:.; situ. h. CENERAf, DESCRIPTION OF '1111: 11OU.S.INCl 111.ANNI:D Tile proposed huusing i:; rural. rental. housing designed l:or occupancy by low-to-modorate .incouto :ouior citi.zens. I '1'Ite development will. consist of Len buildings containing A-C apart:ment:: per building. Mso, a cuunnuni.ty building of approximaL•ely 2,000 scl.ft. will. b'c� Provided to house office, laundry, mect-i.ng rooms and maintenance facil.it.ies. A. Attached are prali.rninary pl.ot plan, building plans and outlined specifications. 1?. Type of Construction: S.inglc story desicln, slab -on- l"Llde, painted e:•:tcr.ior concrete. wal 1s, woocl-trussed, asphal C roof. syc;Lem. :fnf.cr.ior fini ,h •- drywall on ' wood stud partitions, pine Lrim v.-here applicable and holl.ua core doors.'' Contral. heat and air, wall-to-wal.l carpcti.ng, ranger and refrigerator's f.urn.ishccl. Six unitr; deS.i.gncd for handicapped occupancy. DIPS Specifications mat Orourlhout. C. EStimated 'Total CoSL Per I.Lvinq Unil:: $28,07II D. Numb-ar and 'type of. Un.itS: Number Type Sq. Footage (Appx.) 37 1 lilt 625 17 2 DR 776 E. Llt-il.iLi.es: water - C.ity of Clr.r.mont Sewer C'i.ty of Clermont Electricity - Florida Lower sITt: SITE LOCATIO . AMIkk 9ASE RETURN THIS FORM TO A-g ORDINATOR PROJECT REVIEW FORM EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL ATTENTION: Mit, GO11DON TIVIIANY - CI9Y MANAGIM oP CLU MONT RETURN REQUESTED BY OCI-011ER 19, 1979 F.CFapC H LA-80-11 __ Date Racoived 8/3/79 ECFRPC Contact Person Joel Ivey Name and Address of Applicant Lakeview Villas, Ltd. 1014 Temple Grove Winter Park, FI, 32789 Project Title LAKEVIEW VILLAS, LTD. - CLERMONT Brief Description of Project and Location Construction of 54 units of one and two -bedroom npartments for rental to Senior Citizens under the Section 515 Rural Rental Housing Program of the Farmers Nome Administration. (Soo location map attached.) Total Project Cost N/A Federal Grant/Loan Requested N/A Fml1A Feasibility analysis Local Government and/or Agency Comments Reviewing Agency Reviewer Date Reviewed 5-1-75 If comments are not returned by the above -mentioned date, we will assume that you have no significant comment. CE CITY OF CLEMMONT P.U. BOX 219. U01MON I, I LOMDA 32711 . 11HONU 9041394 4MI October 9, 1.979 Mr.. Joel A. Ivey East Central Florida Regional Planning Council loll wymore Road winter Park, Florida 32789 Dear Mr. Ivey: Pursuant to your letter regarding the Lakeview Villas Ltd., (ECFRPC No. LA-80-11) the following comments are provided. The City of Clermont recognizes a need for apart- ment units in the Clermont area and generally supports efforts toward the construction of apartment units. however, all apartment units of this size require condiLional use permit approval by the City of Clermont as to its specific location and plans. In addition, this development would be required to meet the City of Clermont Sub- division regulations. Thank you for your consideration, and if you have any questions, please feel free to contact me. Sincerely, George D. Forbes City Manager GDF:js cc: Building Official CITY OF CLERMONT P.U. 8Q%'L 10 • CLCIIMON I, I I.OHIDA 32111 • 11II0NL NA1304 4081 October 9, 1.979 Mr., Joel A. Ivey East Contral Florida Regional Planning Council loll wymore Road Winter Park, Florida 32789 Dear Mr. Ivey: Pursuant to your letter regarding the Lakeview Villas Ltd., (ECPRPC No. LA-80-11) the following conunonts are provided. The City of Clermont recognizes a need for apart- Y ment units in the Clermont area and generally - supports efforts toward the construction of apartment- units. However, all apartment units of this size require condi.t.ional. use permit approval by the City of Clermont as to its specific location and plans. In addition, this development would be required to meet the City of Clermont Sub- division regulations. Thank you for your consideration, and if you have any questions, please feel free to contact me. Sincerely, George D. Forbes City Manager GDF:js cc: Building Official 1110: City nett. FROt1: city Manager. SUBJECT, Comotory 1AUl0n DATE: Octobor 9, 1,979 Chapter G of the Municipal Code of: Ordinances roquires the City Council to estabii.sh rules, regulations and restrictions for the use of the Cemetery. Those rules were established in 19G1 and have not been revised since that time. For this reason, the following revisions in the Cemetery Foe Structure and rules are recommended: I. FEE STRUCTURE. The present foe structure and regulations for the Cemetery are basically sound, however, the following revisions should be considered: A. Cost per space. Presently, the City charges $150 per apace for both residents of Clermont and non-residents. It is recommended that the charge for non-residents be raised to $300, which is comparable with the surrounding communities as shown on attach- ment $1. A resident would be defined as a person that lives or owns property in the City of Clermont. B. Interment Permit. Interment permits are required by the City to cover the cost of locating and marking off the grave space, as well as placing it on the city records. The fee for this work was established as $1 in 1961. T recommend that this fee be raised to $10 to recover the full cost expended in this work. C. Memorial Permits. Memorial permits are required to inspect memorials a� mark the proper memorial space. This fee is $1, and it is also recommended to be raised to $10 to recover the total costs expended in this work. II. GRAVE CONSTRUCTION. Our present cemetery rules do not require liners or vaults. Liners are required by every other cemetery in this area, in order to prevent the grave from collapsing once the casket has deteriorated. This would not be required for indigent burials, but should be,required for all others. M III.RULES. The Cemetery Rules and Regulations should be republished so we can hand them out to all interested persons. The following revisions to the rules are recommended: A. The sale of interment rights without duplicate deeds is permitted' upon approval of the City. Presently duplicate deeds are not issued, and this conforms with present practices. B. The words "Second Addition" of the Oakhill Cemetery have been removed where applicable to insure compliance in the entire cemetery, not just the Second Addition. City Council Cemetery Rules October 8, 1979 C. The words "Mayor" and "City Clerk" have been replaced with 1.1 "City Manager" where applicable. ,+X „ C. Vaults or liners are required except for indigent burials. �N• 1)'r}� A complete set of the regulations with L•he suggested revisions is enclosed for your review. IV. MONUMENTS. Mr. Dollard Pitts, an area monument dealer, has discussed with me the possibility of the City no longer installing monuments. Ile believes that the City is competing with private business, and Aryy that there are many other dealers in Orlando, Minneola, and Lees- burg that could handle the business. v 1C�' While I do not believe the City should compete with private )k fJ}�. business, at this time I would recommend that the City continue to purchase memorials for those that want them. The City is not requiring anyone to purchase monuments from us, but with only one other dealer in the Clermont/Minneola area, we are providing a necessary service. Should this change in the future, we would be glad to discontinue the memorial purchases. GDP: js Enclosures cc: City Clerk (10-23-79 Agenda) ) G e \ R 0 R; [ 0 § p/ j 0 � \ . \ ( ( [ � ~ & (D p \\ g S § iL, / j / \7 k °\ 22 : CD (\\ \ R2 \ (\ �\ \\ �\ \ § _ ,e o &o am o« E« » . - ,8 ; ,e rr r 7, ¥m „ e �U/ F. §/ © )2 §(Gƒ ( P. §( §( & P. & ou r� .K •R P. .K r & \ \ \ (( ((\ G } /0 '0 ` ` `& \ $ , ( 7 » < § R \ } 4 ® 2. ;... . .. .. .... y § . ® ° & § §<\ j § . ^ / / (D : [ / / \ (D ` \ ] R \\ 0 En fn 0 . , § . \ / / \ / / [ / En .. \ \ , . :? CLERMONT MUNICIPAL CEMETERIES Clermont, Florida RULES AND REGULATLONS INDEX Purpose . . . . . . . . . . . . . . . . . . . . . L DafinILIons . . . . . . . . . . . . . . . . . . . 1 Ownership . . . . . . . . . . . . . . . . . . . . 1 Supervision of Cemetery . . . . . . . . . . . . . 1 Sale and Purchase of Interment Rights. 2 Funeral Regulations . . . . . . . . . . . . . . . 3 General Regulations . . . . . . . . . . . . . . . 4 Modifications and Amendments . . . . . . . . . . 5 Memorials . . . . . . . . . . . . . . . . . . . . 6 Perpetual Care . . . . . . . . . . . . . • • • • 6 RULES AND RhGULATfONh nl; CLEIIMONT PIUNiCTPAI, CEMET'HRIFh PURPOSE, These rules and regu.l.ationn are designed for the proLoctLon of ownern of interment rights as a group. Thcy are intended, not as rostrainiug, but rather an preventing the inconsiderate from taking unf.aLr advantage of olhern. Their enforcement will help protect your Cemeteries and create and preserve their beauty. These rules and regulations are here- by adopted as the ru.len and regulations of the Clermont Municipal. Cemeteries, and all owners of: interment rights, vialtorn and contractors performing work within the Cemeteries, shall be subject to snid rules and ragulatLonn, amendments or alterations an shall be adopted by the City of Clermont from Lime to time. DEFINITIONS 1. The term 'Owner" shall mean the owner of righta of interment. 2. The term "City" shall mean the City of Clermont and/or City Council. 3. The term "interment" shall mean cremation and inurnment, entombment or burial of the remains of a deceased person. 4. The term "Mortician" shall mean any locally licensed mortician or undertaker. 5. The term "memorial" shall mean any marker or structure upon or in any. lot. or niche, placed thereupon or therein or partially therein for the purpose of indentification or in memory of the interred. 6. The term "Resident" shall mean a person residing or owning property in the City of Clermont. OWNERSHIP 6. The City reserves the right to refuse interments for valid reason, and to refund any monies paid for the purchase price, and when so refunded, the interest of the owner -i shall revert to and become the property of the City. 7. Burial plots in any municipally owned cemetery shall be used for no other pur- pose than the burial of the human dead. - SUPERVISION OF CEMETERY 8. The City reserves the right to compel all persons coming into the Cemeteries to obey all rules and regulations adopted by the City. The rules and regulations may be changed without notice to any Owner by the City Council. 9. The City shall take reasonable precaution to protect owners, and the property rights of owners, within the Cemeteries, from loss or damage; but distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, .; especially, from damage caused by the elements, an act of God, common enemy, thieves, van- dals, strikers, invasion, insurrections, riots, or order of any military or civil authority,.. whether the damage be direct or collateral, other than as herein provided. 10. The City reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the inscriptions, I 1 � transf.er., or conveyance ❑nd subntltuthig laid convcytni; In lieu Lheruof other Interment rights of equal value and HIBIL.Itir .locaL'LOO all far as posal.blu, or fill 'tiny bo sulceted by the City, or, in the sole dincretion of the City, by rufundl.n(; Lho fimounL of money paid on account of said purchase. 'Ln the event au<:h error shall. Involve the interment of the remains of any portion In such property, the City runerveu find nhn1.1. have the right to remove and transfer such romains so interred to such other property of equal value and similar location as mny be substituted and conveyed in liou thereof.. The City shall. also have the right to correct any errors made by placing an Improper description, Including an incorrect name or date either on the memorial or on the container for cre- mated remains. 1.1. Persons within the cemetery grounds 13111111 use only the avenues, walks, alleys and roads, and any person injured while walking on the grass, except that be Lila only way to reach his plot, or while on any portion of: the Cemetery other than the avenues, walks, alleys or roads, shall in no wily hold the City ].table for nny Injuries sustained. 12. Automobiles shall not be driven through the grounds at a greater speed than fifteen miles per hour, and must always be kept on the right side of the Cemetery road- ways. No person shall either ride or drive upon the lawns. Automobiles are not allowed to turn around on the driveways or roadways, and are not allowed to park or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral. 13. The right to enlarge, reduce, replat or change the boundaries or grading of the Cemeteries or of a section or sections, from time to time, including the right to modify or change the locations of/or any part thereof or remove or regrade roads, drives and walks is hereby expressly reserved. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage lakes, etc. is also expressly - reserved, as well as the right to use Cemetery property, not sold to individual owners, for Cemetery purposes, including the interring and preparing for interment of dead human bodies, or for any thing necessary, incidental or convenient thereto. The City reserves to itself, and to those lawfully entitled thereto, a pertetual right to ingress and egress over lots for the purpose of passage to and from other lots. SALE AND PURCHASE OF INTERMENT RIGHTS 14. The sale of any interment right by any Owner or purchaser shall not be binding upon the City, unless same shall first be duly approved in writing by the City. 15. All grading, landscape work, and improvements of any kind, and all care of lots, shall be done, and all trees, shrubs, and herbage of any kind shall be planted, trimmed, cut or removed, by the City. 16. No enclosure of any kind, such as a fence, coping, hedge or ditch, shall be permitted around any grave or lot. Grave mounds will not be allowed and no lot shall be raised from the established grade in Oakhill Cemetery. 17. Interment rights can be purchased in these Cemeteries from the City Clerk and subject to the rules and regulations of said Cemeteries now or hereafter adopted for the government of these Cemeteries, and for the purpose of interment only. This provision applies to all sales, whether made directly by ti+e City or sales made by Owners. 18. No interment rights or contracts for the purchase of interment rights can be sold, assigned, transferred, pledged or hypothecated without the written approval of the City Clerk. 19. No title to a lot shall be deemed valid to the purchaser until the amount of the purchase money shall have been paid, and Cho City reserves Chu right to remove all bod.ias which may have been interred Ln anld .Lot, and pince Cho snmo Ln it ningle grave section :in the Cemetery of Cho full lot han not been priLd for.. 20, Tito City may exchange interment rights when des .red by Owners, but not for interment rights of leaser value. When such an exchange :La made, the or.igi.nal conveyance uwst be surrendered by proper assignment, or by reconvcyance, if: considered necessary, before tiny change is effected. 21. Each Owner is vested with the ownership of. his or her Interment rights for the sole purpose of interment of human dead bodies. Under the regulations of the Cemetery the interment rights cannot be conveyed without the assent of the City Clark, nor any use, division or improvements of them he Made which the City prohibits, or may deem im- proper. The Owner of interment rights may dispose of same by wall., subject to the foregoing, conditions. If the Owner dies intestate, Cho interment rights will descend to Ilia or her heirs according to Clio laws of descent. 22. The City shall direct generally all improvements within the grounds and upon all lots and graves, before as well as after interments have been made there. They shall have charge of the planting, sodding, surveying and improvements generally. 23. No person other than City employees shall be allowed to perform any work on any grave or lot within the grounds without a permit from the City Manager. 24. If any memorial, or any structure whatsoever, or any inscription to be placed on same, shall be determined by the City, to be offensive, they shall have the right, and it shall be its duty, to enter upon such lot and remove, change or correct the offensive or improper object or objects. 25. If any tree, shrub or plant standing upon any lot, by means of its roots, branches, or otherwise, be or become detrimental to adjacent lots or avenues, or if any other reason its removal is deemed necessary, the City shall have the right, and it shall be its duty, to remove such tree, shrub or plant or any part thereof, or otherwise correct the condition existing as in its judgement seems best. 26. No person shall pluck or remove any plant or flower, either wild or cultivated, from any part of the Cemeteries. FUNERAL REGULATIONS 27. Interments shall be made only by locally licensed morticians. 28. No interment shall be made until the mortician shall have first obtained a burial permit from the office of the City Clerk and the fee for such permit shall be as established by the City Council. 29. Application for burial permits shall be made on a form prescribed and furnished by the City. 30. The City shall in no way be liable for damages for any delay in the interment of a body where a protest just or unjust, to the interment has been made, or where the rules and regulations have not been complied with, or where body is not accompanied by proper burial permit; and, further said City reserves the right, under such circumstances to refuse to accept such body for interment until all rights of the parties have been determined. The City, at its option, may refuse to recognize any protests of interments ;Unless it be in writing and filed in the office of the City Manager. 31. When any .lnter.mont io being made the Agent or umpluyecn of, the mortician making the .lnturment aluil.l have the right to uno adJ01.n1n1; .Lobo for the sLorage of excennivo dirt, equl.pmunt, uLc, needed for Lha 1.nLermont. 32. Removal, by the heirs, of n body so that the lot may be sold for profit to them — solves, or removal contrary to the expressly or implied Wish of the original lot owner, will not be allowed. 33. Burinl plots are restricted to one interment unless written permission is obtained from the City Manager. 34. No interment may be made unless the body is accompanied by a burial permit as provided by ordinance. 35, No bands are allowed to enLer.'the Cemeteries, without a permit from the City Mnnnger. 36. The City reserves the right to refuse interment to anyone deemed objectionable to the best interest of the cemetery, or to any funeral director not licensed by the City. 37. Vaults or liners are required for all burials. Exceptions for indigent burials may be made by the City Manager. GENERAL REGULATIONS 38. No dogs shall be permitted in the Cemeteries. 39. No person shall be permitted within the Cemeteries on a bicycle. -` 40. Bringing lunches, beer or intoxicating liquors within the Cemeteries is strictly forbidden. 41. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. 42. No "For Sale" signs will be allowed on plots. No advertisements in any form will be allowed on any lots in the Cemetery; and the City reserves the right to remove therefrom any such signs or advertisements. 43. The City is not responsible for theft or damage to anything placed on graves or lots. 44. Disinterments may be made on consent of the City, and the written consent of the owner or owners of the lot, and the surviving wife, husband, children, if of full age, and parents of the deceased. Disinterments must be made by morticians. 45. It is against the rules of the City to allow photographers to take pictures of interments without the consent of the family. 46. 'Elie City and its agents have authority to enter upon any lot and to remove any objectionable thing or any erection that may have been placed there contrary to the regula— tions of said City and they may remove any dead or damaged tree, shrub or vine. 47. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the Cemeteries. 1 4 4g, Ail. portions tiro ntr WLLy forbidden to bronk or injure any troe or shrub, or, mar tiny landmark, mnrker or mcnnorlal, or to any wily defaco the grounds of the Cemetery. 4g, 'I'ho Clty ahal.l not be liable for floral plecon, bauketn or framed in which fl.ornl, pieces are attached. The CLty r.ener.ven the rLght to remove any flowers, floral designs, trees, ohrubs or p.lantn or horbnge of tiny Icind. 50. All purnonn are reminded that the grounds am sacredly devoted to the burial of the dead and that the provisions and pennl.I.tics of the law, as provided by statute, will. be strictly enforced in all caeca of wanton injury, disturbance trod disrogard of the rules. 51. [t In of utmost importance that there should be a strl.ct observance of all the properticn due the place, whether embraced In the foregoing regulations or not, as no impropriety will. be L•o.levated. 52. All well-dlsponcd persons will confer a favor by informing the City Manager of nny breach of proper decorum that may come under their notice. 57. 'Pouch nothing in Lite Cemeteries that does not belong to you. This is the only safe rule to adopt in visiting these Cemeteries. 54. No person or persons, other than an employee of the City, or an officer of law enforcement shall be permitted to bring or carry firearms within the Cemeteries except a military guard of honor and they only when in charge of an officer and during a military service. 55. Plantings of any kind, on all lots and graves in Oakhill Cemetery are prohibited. 56. It is against the rules of the City for the lot owners to dig holes in the graves for the installation of vases or cans. The lot owner would be individually res- ponsible for any accident caused by one of these holes and the City reserves the right to remove any can or vase not installed by them, or according to the cemetery rules covering the types of vases permitted. 57. The City reserves the right to remove all flowers, potted plants, summer wreaths or baskets of flowers, when they become withered, or for any other reason, and the City is ordered to make removals when in its judgement it is to the best interests of the Cemeteries. 58. Metal emblems or markers, flags and guidons are prohibited on lots or graves, except at Memorial Day. They may be placed by authorized representatives of lodges, posts, camps, etc, not to exceed two days before Memorial Day, and removed not later than three days thereafter, after which such emblems will be removed fromthe lot by the City employees and stored for a period not to exceed two weeks, at no risk to the City. After said time the emblems become the property of the City. It is preferable that all such emblems be removed by the organization placing them. MODIFICATIONS AND AMENDMENTS 59. The City of Clermont may, and it hereby expressly reserves the right, at any time or times, with or without notice to Owners, to adopt new rules and regulations, or to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these Rules and Regulations. 60. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The City, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of the Rules and Regulations when, it its. judgement, the same appear advisable; and such temporary exceptions,suspension or modi- 5 ratlonn shall, Ln no wily bu conotruucl nu nffocClnl; lho gonornl" nppl.l.CoLLoll of nurh. MEMOR MIA'; 61. No unattached borderu are premLLLed. fit. Only one grove memorial will be purniLLtud on ono grove apace. 63. In Oal:hlll Cemetery momorlals uhall be restricted Co ground-.I.ovel. Bronze markers, not: to exceed 16" x 28" in size for ningl.o markers or 16" x 56" In size for double markers. 64. Bronze inemorinln may be purchased from the City. The City Wil.l..lnseall all. memorials sold by Lhem. 65. All memorials shall be sue on uniform 1.1.nes no prescribed by Lite City to con- form Lo the general plan of Lite comeCery. 66. No memorial or plat corner marker shall be installed in any city owned cemetery by any firm or individual until they shall, have first obtained it permit from Lite office of: the City Clerk, and the cost of each permit shall be no determined by the City Council of the City of Clermont. 67. All foundations for memorials and memorials shall be of a size and material specified by the City. 68. If the marker or memorial is purchased through the City, the service and installation charge shall be included in the purchase contract. _.... _.. ... _ is PERPETUAL CARE 69. The purchase price of all 1nLerment space sold and to be sold in the Cemeteries, includes a deposit for continual care. 70. The term "Perpetual Care" is perhaps an unfortunaL•e one, but its use has now become so general that it may be said to have taken on an accepted meaning. What we really mean by that term is that within the limits permitted by the income derived from endowment } funds set apart especially to produce such income, the cemetery grounds will be maintained in keeping with a well preserved burial park, including the cutting of grass and trimming of shrubs and trees at reasonable intervals; the procuring, maintaining and keeping in reasonable condition the machinery, tools and equipment needed for that purpose, and 3 replacing same when necessary; keeping in repair the drains, water lines, roads, buildings, fences and other structures, including statues and embellishments of a general character applicable to the cemetery as a whole or to a particular area; painting or otherwise pre- serving same at reasonable periods, maintaining the necessary information, and malting same available to the public authorities and interested persons. 71. The rules and regulations contained in this rule book have been approved and adopted by the City for the operation of these cemeteries and the conduct of its employees. i i I i 6 TO: City Council FROM: City Manager SUBJECT: P&Z Commission DATE: October 18, 1979 Section VIll of the City Charter formally establishes the City i. Planning and Zoning Commission, but the City has never adopted a set of By -Laws on the number of members, qualifications, etc. Enclosed is a recommended ordinance establishing the By -Laws for the Planning and Zoning Commission. It allows for ten members on the Commission, since there have been ten members since I have been with the City. However, presently, there is one vacancy with the resignation of Jim Meginley. ((( Section II of the proposed ordinance establishes qualifications for membership, which are the same as those for the City Council with one exception. Section II states that "The City Council may waive the requirement of a registered elector if the nominee can prove sufficient interest in the City of Clermont to warrant his/her appointment." - Since there was some concern at the last Council meeting whether P&Z- -- - ---_.' members should be required to live in the City Limits, the above sentence could be eliminated if the Council wishes to exclude member- ship entirely to persons that live outside the City Limits. The remainder of the ordinance establishes the time and place of meetings, quorum, voting, officers, and vacancies. Respectfully, George D. Forbes City Manager GDF:js xc: City Clerk (10-23-79 Agenda) Enclosure