10-22-1996 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
A regular meeting of the City Council of the City of Clermont was held Tuesday,
October 22, 1996 in the Council Chambers at the Police Department. The meeting
was called to order at 7:30 p.m. by Mayor Pool with the following Council Members
present: Mayor Pro Tem Norquist, Council Member Dupee, Council Member
Sargent, and Council Member Cole. Other City officials present were City Manager
Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City
Clerk Whitlock.
INVOCATION
The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of
The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Regular Council Meeting held October 8, 1996 and the Workshop
Meeting held October 11, 1996 were approved as presented.
CITY MANAGER SAUNDERS' REPORT
Council Workshop
Council Members agreed to hold a Workshop on Wednesday, October 30 in the City
Hall Conference Room at 6:00 p.m.
Great Triatlflon Reception
Jeff Biddle of the Mulberry Inn, representing the Downtown Partnership invited
Council Members to attend a reception for officials of the Great Triathlon from 6:30
to 8:30 p.m. on Wednesday, October 23.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee reported the Downtown Partnership has arranged for live
music, a dance, and entertainment on Montrose Street on Saturday, October 26.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 2
MAYOR POOL'S REPORT
Mayor Pool introduced two dens from Troop 133 who were attending in order to earn
a Citizenship Badge by observing city government.
VISITORS WITH BUSINESS
Mercator Properties, Inc. - Sign Variance Requests
Sign location variance request:
City Manager Saunders stated that Mercator Properties, which is associated with the
Clermont Commons Industrial Subdivision located on Mohawk Road, is requesting a
variance from our sign ordinance to allow a 30' high sign where a maximum of 20' is
allowed, and to allow placement of the sign on City right-of-way where our ordinance
requires signage to be placed on private property with certain setbacks.
Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and
that anyone wishing to speak in favor of or in opposition to the request must be sworn
in. The following were sworn in by City Clerk Van Zile:
Bob Shakar
Debra Little
Scott Fuller
Joe Zagame
Carlos Solis
Jane Zagame
Lee Alexander
Donna Acker
Don Harris
125 Red Cedar Drive
970 Forest Hill Drive
960 Forest Hill Drive
10360 Lake Louisa Rd.
712 Montrose Street
230 Mohawk Rd.
972 Forest Hill Drive
968 Forest Hill Drive
612 Grand Highway
Longwood, FL
Minneola, FL
Minneola, FL
Clermont, FL
Clermont, FL
Clermont, FL
Minneola, FL
Minneola, FL
Clermont, FL
Bob Shakar explained that the main road coming into Clermont Commons is the
desired location of the sign, however, the median is in a right-of-way dedicated to the
City of Clermont. The site plans presented have included a main entrance sign in this
location and he stated most communities allow signs in the median.
96-
CITY OF CLERMONT
MINWrES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 3
Scott Fuller stated because of heavy traffic, a sign in that position would be a hazard
because of a reduction in visibility. Jane Zagame stated there is curbing around the
median. Lee Alexander stated since it is located primarily in a residential area, the
sign should be set back on their own property. Carlos Solis stated that the sign
belongs at the entrance to the business park which is the lowest point of the property.
Although the owners do not desire to place the sign at the highest point of the
property, it would be allowable. City Manager Saunders explained that a total of
three signs would be allowed, one at each street frontage.
City Manager Saunders stated that a common location for a sign in a business park is
the median at the main entrance. Our Code requires this area to be part of the
dedicated right-of-way. The City has allowed subdivision identification signs such as
Margaree Gardens to be placed within a median so long as the developer enters into
an agreement to maintain the median. This placement of signage at entrances is
widely used in other areas and the Council may consider a change of our ordinance
that will allow this type of signage in the future. The sign would still have to be set
back 15' from the right of Way of Mohawk Road. Staff recommends approval of the
placement of the sign in the right-of-way. Mayor Pool closed the public heating.
239
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to approve the sign variance
for Mercator Properties, Inc, for the Clermont Commons business park
to locate the sign in the median right-of-way.
Sign Height Variance Request:
Bob Shakar stated there may be more than 100 businesses leasing space in the
business park. The sign will be in a depression which makes it less visible.
Debra Little opposed the variance to increase the sign height. Scott Fuller didn't
oppose the sign height.
Joe Zagame stated the proposed sign will be located at the lowest part of the property.
The sign would be more attractive if it was higher.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 4
City Manager Saunders explained that the height issue of signs was thoroughly
discussed by the committee that recommended the revised sign ordinance to the City
Council prior to its adoption. There appears to be no hardships that are required to be
demonstrated in association with a variance request. City Manager Saunders stated
that the staff recommends denial of the request for increase of 20' to 30' in height.
Mayor Pool, Mayor Pro Tem Norquist, Council Member Dupee and Council Member
Sargent reported they had met with Mrs. Zagame prior to the meeting and inspected
the Clermont Commons park and each filed a record of Ex Parte Communications.
Mayor Pool closed the public hearing.
96-240
A motion was made by Council Member Dupee, seconded by Council
Member Sargent. and carried unanimously to deny the request for sign
height variance for Mercator Properties.
Mercator Properties, Inc. - Parking Variance Request
City Manager Saunders stated the applicant is requesting a variance to our parking
requirements to allow one space per 1,000 square feet with regards to warehouse
space. Our Land Development Regulations do not specifically separate warehouse
from light manufacturing which requires one space per 500 square feet.
Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and
that anyone wishing to speak in favor of or in opposition to the request must be sworn
in. City Clerk Van Zile swore in the following:
Scott Fuller
Bob Shakar
Debra Little
Jane Zagame
Joe Zagame
Donna Acker
Lee Alexander
960 Forest Hill Drive
125 Red Cedar Drive
970 Forest Hill Drive
10360 Lake Louisa Rd.
10360 Lake Louisa Rd.
968 Forest Hill Drive
972 Forest Hill Drive
Minneola, FL
Longwood, FL
Minneola, FL
Clermont, FL
Clermont, FL
Minneola, FL
Minneola, FL
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 5
Bob Shakar stated the parking section of the Code does not make reference to
warehouses. He suggested that warehouse parking minimum spaces be 1 per 1,000
square feet. Joe Zagame stated that light manufacturing businesses have more
employees and need more parking.
City Manager Saunders stated that the old Code required a Conditional Use Permit for
warehouses, so parking was reviewed on a case-by-case basis. We should amend our
new Land Development Regulations to include warehouses, and a distinction must also
be made between warehouses and storage units. He stated staff recommends one
parking space per 1,000 square feet with a minimum of two spaces for warehouses.
Mayor Pool closed the public hearing.
96-241
A motion was made by Council Member Cole, seconded by Council
Member Norquist. and carried unanimously to approve a variance of one
parking space per 1,000 square feet with a minimum of two spaces for
the Clermont Commons Business Park.
Ken Norquist - Resolution No. 927
City Manager Saunders recommended tabling the request for Conditional Use Permit
(Resolution No. 927) for 490 West Avenue for Mr. Norquist. During the staff review
in preparation for the Council recommendation, it was discovered that the request for
Open Air Sales may not follow the guidelines of the revised Open Air Sales Permit
Ordinance adopted in March of this year and that further explanation or additional
conditions in the Conditional Use Permit may be necessary for this type of request.
96-242
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to table the Conditional Use
Permit for 490 West Avenue (Resolution No. 927) until the next regular
Council Meeting to be hem November 12, 1996.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 6
South Lake Hospital - Resolution No. 928
City Manager Saunders stated the applicant is requesting a Conditional Use Permit for
a Planned Unit Development for a 60 acre site located approximately 1,330' north of
S.R. 50 and lying east of East Jacks Lake Road. The proposed facility will include a
full range of health care facilities with future phases including additional medical
offices, rehabilitation facilities, community education, fitness and recreational
facilities.
Mayor Pool read Resolution No. 928 by tire only and stated that the request requires
that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or
in opposition to the request must be sworn in. Shannon Elswick, 9021 Mossy Oak
Lane, Clermont was sworn in by City Clerk Van Zile.
Shannon Elswick stated they are in the schematic design phase for the new hospital
and the foot print is approximately 250' by 200' with three floors. He estimated the
height for three floors to be a little below 60' high. They have also formally applied
to the Legislature for a Certificate of Need.
City Manager Saunders stated that the project site is presently surrounded by vacant
properties on all sides that are zoned R-R rural residential. The future land use
designations for the site and the adjacent properties is UD-5 which allows various
forms of Planned Unit Developments to be accommodated which would include the
proposed Hospital. The request is therefore consistent with our Comprehensive Plan
and Future Land Use Map. The main access for the Hospital will be from East Jacks
Lake Road and support access from a road that will abut the north property line and
terminate at the driveway indicated as "MOB-Staff Access."
City Manager Saunders explained that one variance is being requested in conjunction
with the Planned Unit Development which would allow a maximum height of
buildings to be 60' as opposed to the 35' that is presently permitted by the City code.
The Conditional Use Permit requires that a separate agreement with the City be
executed prior to issuance of the development permit regarding the need for
cpecialized fire equipment. 'The Fire Department proposes to purchase a new engine
within the next two to three years and we would propose that the Hospital fund the
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 7
additional equipment for this apparatus that would provide for fire fighting capabilities
up to 60'. The Conditional Use Permit also requires a utility agreement to be
executed which has been discussed with the Council and the Hospital in the past. The
Hospital has already agreed to fund the additional height of the water tank that is now
under construction and to enter into a pioneer agreement for the extension of the water
line from the tank to the Hospital site. The applicant will also provide additional
right-of-way along the north property and south property lines. A minimum 5' high
landscape berm along the north property line is also proposed which will screen the
support services and northern access areas from the adjoining properties. The
Planning and Zoning Commission recommended approval and Staff also recommends
approval of the request with the conditions as outlined in the Resolution. Mayor Pool
closed the public heating.
96-243
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 928.
Claude Payne, Jr. - Tent Permit Request
City Manager Saunders stated that Mr. Payne is requesting an Open Air Sales Permit
and a temporary structure permit for a tent for November 24 through December 24 at
his business located at 511 West S.R. 50 for the purpose of selling Christmas trees.
Ordinance 285-C regarding Open Air Sales allows one permit per calendar year for a
maximum of 30 days. No other permits have been granted for this site for this
calendar year, therefore, they are eligible for the Open Air Permit which is granted
administratively. The tent request in excess of 3 days must be approved by the
Council.
96-244
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve the 30-day tent
permit for Claude Payne, Jr. at 511 West S.R. 50from November 24
through December 24, 1996.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 8
1st United Methodist Church - Tent Permit Request
City Manager Saunders stated that the youth group of the 1st United Methodist
Church is requesting a temporary structure permit in conjunction with their request for
an Open Air Sales Permit for November 23 through December 23 to be located on the
church property at the intersection of S.R. 50 and 7th Street. The purpose of the
permit will be for the annual sale of Christmas trees.
96-245
A motion was made by Council Member Dupee, seconded by Council
Member Cole. and carried unanimously to approve a 30-day temporal.
structure perrnit for the 1st United Methodist Church youth group at S.R.
50 and 7th Street from November 23 through December 23, 1996.
UNFINISHED BUSINESS
Developer's Agreement - Chester Fosgate Co.
City Manager Saunders stated that the proposed Developer's Agreement pertains to the
property to be rezoned under Ordinance 319-M and provides for additional restrictions
over and above the R-1 zoning which include a minimum of 80' width and a minimum
of 10,000 square feet. This agreement has been approved for that section of property
lying south of the proposed extension of North Ridge Boulevard and west of the
extension of East Jacks Lake Road, both of which are to be constructed later this year
by Lake County. Due to the topography of this area staff has recommended the R-1
zoning with the Developer's Agreement that brings the lots closer to the requirements
of the R-1-A typical lot. All of the other Developer Agreements have been confined
to this area along the northeast corner of Jacks Lake and the North Ridge Subdivision.
96-246
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to approve the Developer's
Agreement with Chester Fosgate Co. for property_ lying south of the
proposed extension of North Ridge Blvd, and west of the extension of
East Jacks Lake Road.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 9
Final Reading of Ordinance 319-M
City Manager Saunders stated that Ordinance 319-M will rezone approximately 16
acres from R-R to R-1 residential. The location is west of the proposed Jacks Lake
Road lying north of S.R. 50 and east of the North Ridge Development. The parcels
to the north and west of this acreage has previously been rezoned to R-1.
Mayor Pool read Ordinance 319-M by title only and stated that the request requires
that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or
in opposition to the request must be sworn in. City Clerk Van Zile swore in Elaine
Vick, Rogers Realty, 222 S. Main, Groveland, FL. Elaine Vick stated she was in
favor of the rezoning.
City Manager Saunders stated that Planning and Zoning and staff recommend
approval. Mayor Pool closed the public hearing.
96-247
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously by roll call vote to adopt
Ordinance 319-M.
NEW BUSINESS
Resolution No. 929 - Osceola Street Assessment
City Manager Saunders stated the City proposes to pave Osceola Street between 8th
Street and West Avenue which is the last open unpaved street in Clermont. In order
to enact a special' assessment to help pay for this improvement, the adoption of
Resolution 929 is required which outlines a special assessment program, total cost,
and payment plan.
The City proposes to construct two 12' lanes along with parallel parking along the
north side of the street. Also proposed is a sidewalk along the south side and the
Rails to Trails project will include a trail portion along the north side of the street.
CITY OF CLERMONT
MINIYFES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 10
The City will pay 1/3 of the cost and property owners on each side of the street will
pay the other 2/3 on a prorata share based on the total front footage. The estimated
cost of the parking area or the water line that will be installed along with this project
is not included in the property owners assessments. The owners will be assessed only
for the two lane street, sidewalk, and associated storm water drainage requirements.
The Resolution will be published and a Special Assessment Roll will be prepared
followed by a Resolution setting a public hearing date. Property owners will also be
mailed a notice of the public hearing and the estimated amount of their assessment
prior to the public hearing.
Mayor Pool read Resolution No. 929 by title only and closed the public heating.
96-248
A motion was made by Council Member Dupee, seconded by Council
Member Norquist. and carried unanimously by roll call vote to adopt
Resolution No. 929.
Introduction of Ordinance 320-M
City Manager Saunders stated that Ordinance 320-M will rezone an area 'between
Minneola Avenue and Lake Minneola, and between 8th Street and West Lake from
R-3 Residential/Professional and C-1 Commercial to CBD Central Business District.
The area west of this parcel is currently zoned C-1 commercial, south is Central
Business District and R-3 Residential/Professional, and east is R-3 Residential/
Professional.
Mayor Pool read Ordinance 320-M by title only.
96-249 A motion was made by Council Member Cole and seconded by Council
Member Dupee to introduce Ordinance 320-M.
Bid Award -
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 11
6" Water Main on Magnolia, Linden and 7th Street and
12" Water Main along Bloxam Avenue
City Manager Saunders stated that three bids were received for the water line
improvements. The low bidder is B. McGonigal, Inc. in the amount of $199,770.45
and he recommended that the bid be awarded to them.
96-250
A motion was made by Council Member Dupee. seconded by Council
Member Cole. and carried unanimously to award the bid for the 6"
water main on Magnolia. Linden and 7th Street and the 12" water main
alone_ Bloxam Avenue to B, McGonigal. Inc. in the amount of
$199.770.45.
MISC, ITEMS:
Workshop
Mr. Bob Wade requested that a workshop be held to review the water and fire hydrant
requirements for the old Winn Dixie center. City Manager Saunders asked that Mr.
Wade meet with him to review his concerns and if they could not be resolved, he
could attend the workshop scheduled for Wednesday, October 30.
Fire Station Property
City Manager Saunders explained that a possible site for a new fire station has been
located, with a willing seller. He recommended that an appraisal be done on the
property.
96-251
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to approve an appraisal on the
proposed fire station site.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 1996
Page 12
There being no further business or discussion, the meeting adjourned at 9:38 p.m.
Attest:
Robert A. Pool, Mayor
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