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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 ?~' '/]~.~lerk ~seph