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11-24-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 24, at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Brown, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Principal Planner Brown, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES 98- 353 A motion was made by Coundl Member Brown, seconded by Coundl Member Wolfe, and carried unanimously to approve the minutes of the regular Council Meeting held November 10, 1998 with the deletion of the attendance notation of Council Member Brown and Planning Director Harker. CITY MANAGER SAUNDERS' REPORT Workshop Meeting Scheduled City Manager Saunders reminded Council Members of a Workshop meeting in regard to Wal-Mart on Thursday, December 3 at 6:00 p.m. to bc held at Jenkins Auditorium. Council Members agreed to hold a Workshop on Monday, December 7 in thc Community Room at thc Police Department at 6:00 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 2 VISITORS WITH BUSINESS Fred Fox Enterprises Fred Fox, Community Development Block Grant administrator updated the Council on the 24 rehabilitated homes in the Community Block Grant Program. He stated that they will proceed with the close-out of this grant and begin planning for the next application cycle which is scheduled for March, 1999. Mr. Fox reviewed change orders for Watson Dority in the amount of $2,750 and Edward Whitehead in the amount of $2,490. 98-354 A motion was made by Council Member Wolfe, seconded by Council Member Brown and carried unanimously to approve the Community Development Block Grant change orders for Watson Dority in the amount of $2,750 and Edward Whitehead in the amount of $2,490. John Watson, Sr. - Variance Request City Manager Saunders stated that Mr. Watson is requesting a variance for 85' front width rather than 100' of Lot 11, .Dazzling Sunset located just south of the intersection of 5th Street and Minnehaha Avenue in an R-1-A zone. Mayor Turville 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 should be sworn in. City ClerkVan Zile swore in Basil Twobridge, 1385 Lake Avenue, Clermont and Ann Dupee, 389 Division Street, Clermont. Basil Twobridge stated he wants to purchase the lot to build a house on. The neighbor to the north approves of his proposed plans. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 3 Ann Dupee stated that this request has been made to the Council before and it was turned down. City Manager Saunders stated that Mr. Watson has requested the same variance on two previous occasions (January 10, 1995 and April 9, 1996) and on both occasions the City Council has denied the request. He explained that Mr. Watson purchased all of the Dazzling Sunset area (Lots 1-21) as shown on the map which was platted with 50' lots prior to the adoption of the zoning ordinance that required the frontages that are now in place and had the opportunity to replat the entire block, but chose rather to leave the old platting in place which left him with a non-conforming Lot # 11. He stated that the Land Development Regulations requires the demonstration of a hardship for variance approval, and hardships should be something that has not been self-imposed as this is. The staffdoes not feel there is demonstration of a hardship and recommends denial of the request. Council Member Wolfe asked if all other R-1-A criteria will be required for the lot and City Manager Saunders stated that it would. He stated that the lot directly south is R- 1 with 75' width required and the lot to the north is 100' and 85' would be a good transition. 98-355 A motion was made by Council Member Wo!fe, seconded by Council Member Lamb, and carried unanimously to grant a variance allowing 85' width to John Watson, Sr. for Lot 11, Dazzling Sunset. Dal-Don Produce - Variance Request City Manager Saunders stated that Dal-Don Produce has requested a variance to allow a trailer to be placed on the commercial property at 1959 Highway 27 to allow a night watchman to live on-site. He stated that the applicant has requested this to be tabled until the December 8 Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 4 98-356 A motion was made by Council Member Brown, seconded by Council Member Biddle, and carried unanimously to table the Dal-Don Produce variance request until the December 8, 1998 Council Meeting. UNFINISHED BUSINESS Wal-Mart Stores - Resolution 1037 Mayor Turville read Resolution 1037 by title only requesting a Conditional Use Permit for a Super Wal-Mart to be located at the intersection of S.R. 50 and U.S. 27. He stated that the applicant has requested that this be tabled until the December 8 Council Meeting in order to meet with the Council Members in a workshop scheduled for December 3. 98-357 A motion was made by Council Member Wolfe, seconded by Council Member Lamb and carded unanimously to table Resolution 1037 until the December 8, 1998 Council Meeting. Final Reading of Ordinance 370-M Mayor Turville read Ordinance 370-M by title only requesting annexation of approx- imately five acres made by Wal-Mart Stores for the proposed site for an off-site storm water area. He stated that the applicant has requested that this be tabled until the December 8 Council Meeting in order to meet with Council Members in a Workshop scheduled for December 3. 98-358 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carded unanimously to table Ordinance 370-M until the December 8, 1998 Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 5 Lake MinnehahaJoint Venture - Resolution 1029 Mayor Turville read Resolution 1029 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 should be sworn in. City Clerk Van Zile swore in the following: Richard Langley George Hovis Ann Dupee Kevin Hawkins Gene Langley David Milholland Jurgen Duncan Homer Kenyon Jim Johnson Steven Test Miriam Fell Ann Sheridan Elaine McQueen Wayne Sailors Robert Haasch Wanda Andrews Charlene Forth Misty O'Bar Nancy Fullerton Marcus McGowan Carolyn McGowan Steve Moss Dennis Atwood Lyn Zellers Don Harris P.O. Box 120188, Clermont 9929 Ridge Road, Clermont 389 Division Street, Clermont 540 Maitland Road, Winter Park 1830 Battley Lane, Winter Park 1201 S. Orlando Avenue, Winter Park 1201 S. Orlando Avenue, Winter Park 394 Division Street, Clermont 630 W. S.R. 50, Clermont 268 East Avenue, Clermont 208 East Avenue, Clermont 280 Division Street, Clermont 295 Division Street, Clermont 145 Oak Street, Clermont 221 N. Disston, Clermont 999 W. Lake Shore Drive, Clermont 939 W. DeSoto Street, Clermont 203 Overlook Drive, Clermont 368 230 230 201 204 440 612 Montrose Street, Clermont Overlook Drive, Clermont Overlook Drive, Clermont Hillside Drive, Clermont Bloxam Avenue, Clermont North Street, Clermont Grand Highway, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 6 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for a Planned Unit Development that would include 205 townhouses located on a parcel adjacent to the Clermont Middle School and 266 apartment units that will be located north of Grand Highway and south of Cherry Knoll subdivision. He stated that the property is currently zoned R-1 residential, however, the Comprehensive Plan and Future Land Use designations of UD-4 allows consideration of the proposed development as a conditional use. George Hovis stated he represented Lake Minnehaha Joint Venture and stated he has known Kevin Hawkins for quite a few years ago and he is one of the best developers he has seen. He submitted photographs of a shopping center developed by Mr. Hawkins. Kevin Hawkins submitted and reviewed an exhibit booklet. He stated that at the last Public Hearing the Council requested that two traffic studies be done; one for the proposed development and one for single-family housing only. David Milholland representing Transportation Consulting Group stated that the study looked at all highways and concluded that they were more than adequate to handle traffic created by the proposed project. Gene Langley, prior owner of the property, read a statement contending that he has cooperated in the past with the City regarding the Rails to Trails and straightening of East Avenue; that he believes Mr. Hawkins develops quality projects; and that he assured Mr. Hawkins what the density was on the property, which was confirmed to him personally by staff at City Hall. Mr. Dick Langley stated he represented Gene and Mary Langley. He reviewed Ordinance 179-M which amended the City's Comprehensive Plan and Future Land Use Map to allow the proposed densities for the proposed projects. He objected to the proceeding in that the property is platted for 8 units per acre. He stated they weren't seeking a variance, that the Comprehensive Plan prevails, and he felt they had the authority to receive the permits and start the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 7 Ann Dupee stated she lived at Cherry Knoll subdivision and she favored the project. She stated the traffic situation on East Avenue would be alleviated if the School District would be required to keep parking on their property. She preferred 8 units per acre and the proposed green space rather than 132 single family homes. Homer Kenyon favored the project. He stated that he had met with Mr. Hawkins in a meeting at Cherry Knoll and Mr. Hawkins took their input. He stated that Mr. Hawkins will do the kind of project he would like. Jim Johnson asked if there is a proposal as to the number of trees required for the project and if the number of trees is according to a formula. He asked if the City had the capability of supplying the water for a project this size. Misty O'Bar stated she was opposed to the project. She stated that Clermont is quite different from 12 years ago when Ordinance 179-M was adopted. She reported that the traffic is very bad on East Avenue and since 1986 the Rails to Trails and an additional school has been added to the area. Mr. Dick Langley cross-examined Ms. O'Bar, asking if she had reviewed the traffic study. Ms. O'Bar stated she had not, but she uses the roads in the area every day. She also described a blind spot on the hill. Mr. Langley asked who she was employed by. Ms. O'Bar stated she was employed by Lambs Nursery, Inc. Marcus McGowan stated he was opposed to the project. He was concerned with the entrances from East Lake Shore Drive or East Avenue and the effect to Grand Highway. Steven Test stated that after seeing the conceptual of the multi-family project versus the single-family project, he thinks that multi-family is the best way to go. He stated that one of his concerns is that the traffic study was done between 5:00 and 6:00 p.m. and that the heavy traffic is in the morning and the afternoon. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24~ 1998 Page 8 Wayne Sailors asked who is required to do a traffic study. His big concern is the traffic and he stated that the peak hours are later than 5:00 or 6:00 p.m. He suggested re- routing traffic on East Avenue. Ann Sheridan stated she has no objection to town homes or condominiums, but does object to 206 apartments. She felt that apartments will adversely affect her property value. Carolyn McGowan stated her concern is rental apartments because apartments aren't taken care of like home owners take care of a home. She stated that traffic is very dangerous and crowded already. She also reported the very dangerous blind corner on Grand Highway. Nancy Fullerton asked the Council to listen to the people in Clermont. She opposed the project because of the already dangerous traffic and the environmental strain regarding the water supply. Elaine McQueen was opposed to apartments because they are usually not taken care of and stated she would be in favor of condominiums or town homes. Kim Jones, 203 Overlook Drive, Clermont was sworn in by City Clerk Van Zile. She asked the Council to not approve the project. Steve Moss was opposed to the project because apartment complexes do not attract residents, only occupants. Charlene Forth was opposed to rental apartments. Dennis Atwood opposed the project because of traffic safety concerns, stating that there were already too many accidents on Bloxam and Grand Highway. He was also concerned with apartments and what they will be a few years from now. Robert Haash was concerned with traffic and asked the Council to consider three 4-way stops on Disston and also on East Avenue. Alberta DeAngeles was concerned with traffic, especially on Crestview Drive. Bob Mielke was concerned with the safety of school children and the number of additional police officers that will be required. Lyn Zellers was concerned about the amount of drainage from the hills. Ann Dupee stated a bush growing at the base of a telephone pole at the corner of Grand Highway and Bloxam has created a blind spot. Lee McCarthy was concerned with traffic and the high number of speeding cars on Grand Highway. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 9 Howard Barry asked about the density. City Manager Saunders stated the zone is R-1 which allows a maximum density of 4 units per acre, but the Comprehensive Plan as amended in 1986 allows a maximum density of 8 units per acre for the property north of Grand Highway, 6 units per acre for the property adjacent to the Clermont Middle School, and the remainder allows 4 units per acre. He stated that Mr. Hawkins is requesting approval of a project that agrees with the densities allowed by the Comprehensive Plan and Future Land Use Map. City Manager Saunders stated that the staffand the Planning and Zoning Commission have determined that #1 and #3 of Chapter 6, Section 2-C of the City's Land Development Regulations have or will be met with the proposed development and that Items #2 and #4 are to be decided by the City Council. Items #1 through 4 are as follows: The granting of the Conditional Use will not adversely affect the o~cially adopted Comprehensive Plan of the City; Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; The proposed use will comply with the regulations and conditions specified in the codes for such use; and (4) The proposed use may be considered desirable at the particular location. City Manager Saunders stated that in answer to Mr. Johnson's questions, a tree survey is required to be done during the site review process and that the City's tree ordinance provides for tree requirements. He also stated that the City is able to provide the utilities for the proposed project. In answer to Mr. Sailors, City Manager Saunders stated that a complete traffic study of the area will still need to be done. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 10 City Attorney Baird addressed Dick Langley's objection to the proceeding, explaining that the requirement for a Conditional Use Permit is clear in that it allows certain densities and how to reach the densities is through a Conditional Use Permit. Kevin Hawkins stated that the pending transaction with the apartment developer for the lake property has been terminated. He agreed to developing a gated (not apartment) development on the lake front property with a total number of 206 town houses or the like rather than 266 apartments. He also agreed to form a committee to review traffic on East Avenue. Council Member Lamb questioned Mr. Hawkins as to the owners of the property. Mr. Hawkins stated that he is one of the owners of Lake MinnehahaJoint Venture and he intended to develop the property. He also stated that he is the sole owner of Professional Real Estate Advisers. Steven Test stated that he is dropping his opposition to the proposed development since Mr. Hawkins agreed to place condominiums/town house units rather than apartments on the lakefront property and agreed to form a traffic study committee. Mayor Turville closed the Public Hearing. Council Member Biddle stated that the Comprehensive Plan clearly stipulates what can be done with the property and if the Council chooses not to follow this procedure, he wondered what additional procedures will be ignored. He felt the multi-family project offered an appealing amount of green space whereas single-family homes will produce a disturbing number of roof-tops. Council Member Lamb stated that the hearing was to consider a special exception and she did not agree that #2 and #4 of the City's Land Use Regulations were acceptable. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 11 98-359 A motion was made by Coundl Member Biddle, seconded by Council Member Wolfe, and carried 3 to 2 by roll call vote with Coundl Member Lamb and Mayor Turville voting nay, to approve Resolution #1029, amending the 205 unit townhouse units (school property.) to 205 multi-family units; the 266 apartments to 266 town homes or condominium units; providing additional striping and signalization in the school zone on East Avenue; requiring the construction of Hunt Street to Bloxam Avenue when 100 units receive a Certificate of Occupancy, and forming and participating in a traffic study wmmittee. A 10-minute recess was taken at this time. Final Reading of Ordinance 373-M Mayor Turville read Ordinance 373-M by title only. City Manager Saunders stated the request will rezone approximately 8.5 acres from U-E Residential to C-2 General Commercial located north of S.R. 50 and west of the proposed Oakley Seaver Drive. He stated that this is the area for the proposed movie theater. Mayor Turville 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 should be sworn in. City Clerk Van Zile swore in Robert B. Reese, 952 Moss Lane, Winter Park. Mr. Reese stated that the plans include locating a theater and two restaurants in this location. City Manager Saunders stated that the request is consistent with our Comprehensive Plan and Future Land Use Map for commercial use. He stated that approval is recommended by the Planning and Zoning Commission and the staff. Mayor Turville closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 12 98-360 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously by roll call vote to adopt Ordinance 373-M. Final Reading of Ordinance 374-M Mayor Turville read Ordinance 374-M by title only. City Manager Saunders stated ,that the request is to close and abandon an approximate 350' section of Carroll Street right-of-way running west of 12 th Street. He stated that this unimproved section of right-of-way lies between the City's waste water treatment facility and the Public Works facility on the south, and the property owned by the applicant to the north. He stated that the right-of-way ends at the wetlands area west of the City and it was probably the intent to close this right-of-way at the time of the development of the Public Works facility. He explained that a fence has been installed on the centerline of this right-of-way by the City, and the south half of the right-of-way is currently being utilized by the City as a part of that Public Works facility. An easement will be retained on the entire right-of-way for future utility installations. 98-361 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously by roll call vote to adopt 374-M. Final Reading of'Ordinance 372-M Mayor Turville read Ordinance 372-M by title only. City Manager Saunders stated that this is a request to rezone approximately 6.5 acres from UE Urban Estate Residential to C-2 General Commercial located at the northeast corner of S.R. 50 and the proposed Oakley Seaver Drive. Mayor Turville 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 should be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 13 sworn in. City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose Street, Clermont. Mr. McCoy stated the request is just cleaning up the zoning. City Manager Saunders stated that the property adjacent and east of this has previously been approved for a Conditional Use Permit for commercial development. This was approved prior to the exact alignment of Oakley Seaver Drive being in place. This parcel will extend from that commercial project to the eastern edge ofOakley Seaver Drive. He stated that the Planning and Zoning Commission and staff recommend approval. 98-362 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Ordinance 372-M. NEW BUSINESS Resolution 1036 Mayor Turville read Resolution 1036 by title only. City Manager Saunders stated that this is a request to amend a Conditional Use Permit for the commercial project that was previously approved by the Council for the northwest corner of S.R. 50 and Citrus Tower Boulevard. The amendment is to change the legal description by adding the 6.5 acres that is being considered by the Council for rezoning under Ordinance 372-M which is the previous agenda item. He stated that the Planning and Zoning Commission and staff recommend approval. Mayor Turville 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 should be sworn in. No one asked to be sworn in. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 14 98-363 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Resolution 1036. Final Plat Approval - Hills o£Clermont, Phase One City Manager Saunders stated that the Hills of Clermont, Phase One project is located on Hancock Road south of S.R. 50. The plat meets all requirements for recording and he recommended approval. 98-364 A motion was made by Council Member Wolfe, seconded by Council Member Biddte, and carried unanimously to approve the_final plat of Hills of Clermont, Phase One. Resolution 1038 - Safety Policy Resolution 1039 - Sexual Harassment Policy Drug-Free Workplace Administrator Resolution 1040 - Substance Abuse Policy Resolution 1041 - Personnel Policy Medical Claims Administrator Vision Care Contract Mayor Turville stated the above-noted items are City-related items and have been reviewed at previous Council Workshops. City Manager Saunders reviewed the changes to the Personnel Policy. 98-365 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously by roll call vote to approve Resolution 1038 (Sa_fety Policy.), Resolution 1039 (Sexual Harassment Policy.), Drug-Free Workplace Administrator, Resolution 1040 (Substance Abuse Policy), Resolution CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 15 1041 (Personnel Policy), Medical Claims Administrator, and Vision Care Contract. Resolution 1042 Mayor Turville read Resolution 1042 by title only. City Manager Saunders stated that this Resolution will establish a fee of approximately $.35 per square foot of impervious area to be constructed for the downtown storm water abatement program, however, the property owner will have the option of providing on-site retention. He stated that the central storm water pond located between 7 th Street and Carroll Street, along the south side of Lake Minneola was recently completed.. He stated that staff recommends approval. 98-366 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimously by roll call vote to adopt Resolution 1042. Kings Ridge Fire Station Plans City Manager Saunders stated Council approval is requested of the Kings Ridge Fire Station plans which will allow the architect to move ahead with detailed construction plans. Fire Chief Bishop has reviewed the plans and has recommended approval. 98-367 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to approve the Kings Ridge Fire Station plans. AUDIENCE COMMENTS Charlene Forth presented information to be made a part of the record regarding a Resolution adopted in 1985 which requires the City to publish an agenda before the Regular Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1998 Page 16 There being no further business or discussion, the meeting adjourned at 12:20 a.m. Attest: ~phE. ~erk Harold S. Turville, Jr. Mayor