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09-22-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 22, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Brown, Council Member Wolfe and Council Member Cole. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Clerk Beasley. 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 The minutes of the regular Council Meeting held September 8 and Special Council Meetings held September 3 and 15, 1998 were approved as presented. COUNCIL MEMBER WOLFE'S REPORT Council Member Wolfe stated that he attended the regular meeting of the Lincoln Park Task Force on September 2. City Manager Saunders stated that the playground equipment was installed last week and is in use. New clay has been brought in and leveled for the ballfield. The ballfield lighting is in and the wiring for the controls will be done within the next two weeks. The perimeter fence is currently under construction. The street lighting layout has been done for the additional lighting around the perimeter and the interior and Florida Power is quickly moving ahead. Bids will be received in October for basketball court refurbishment. MAYOR PRO TEM NORQUIST'S REPORT Mayor Pro Tem Norquist requested a Special Meeting be held to appoint a Council Member because Mayor Pool has indicated he is unable to attend any regular meetings in October. City Manager Saunders stated Mayor Pool's resignation is effective November CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 2 2 and he has indicated he would move his resignation date up. Mayor Pro Tem Norquist would continue as Mayor Pro Tem and another Mayor Pro Tem should be appointed. Council Members agreed to hold a Special Meeting at 6:00 p.m. on September 24 at the Police Department. 98-290 A motion was made bP Council Member Wolfe, seconded by Council Member Council Member Cole and carried unanimously to schedule a Special Council Meeting at 6.'OO p. m. on September 24 at the Police Department. UNFINISHED BUSINESS Annexation Agreement Final Reading of Ordinance 362-M Final Reading of Ordinance 363-M Mayor Pro Tem Norquist stated that because of the number of people in attendance regarding the proposed annexations, those items would be moved up on the Agenda to be addressed first. City Manager Saunders stated that the last three items listed under Unfinished Business which include the Annexation Agreement, and the final reading of Ordinances 362-M and 363-M have been requested by the owners to be tabled for 90 days. 98-291 A motion was made by Council Member Cole, seconded bY Council Member Brown to table the Annexation Agreement, Final Reading of Ordinance 362-M and Final Reading of Ordinance 363-M to the January 12, 1999 meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 3 VISITORS WITH BUSINESS Lake Minneola Joint Venture - Resolution 1029 Mayor Pro Tem Norquist moved this item up from item//7 under Visitors with Business on the agenda. City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for a Planned Unit Development located east of East Avenue and north and south of Grand Highway. Mayor Pro Tern Norquist 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: Kevin Hawkins Hal Canter Dave Mulholland Ann Dupee Nancy Fullerton Hope Lamb Misty O'Bar Mark McGowan Carolyn McGowan Marion Bell Charles Forth Jr. Matthew Modica Steven Test Sally Duvall Mike Dunn Lisa Jensen Maureen Kahn Kristine Sete Don Harris Roger Snow Edwin Rivera 540 Manner Road, Maitland 215 N. Eola, Orlando 1201 S. Orlando Avenue, Orlando 389 Division Street, Clermont 368 Montrose, Clermont 561 Mar Nan Mar, Clermont 203 Overlook Drive, Clermont 230 Overlook Drive, Clermont 230 Overlook Drive, Clermont 208 East Avenue, Clermont 939 W. DeSoto Street, Clermont 1606 Penzance Street, Clermont 268 East Avenue, Clermont 261 Crestview Drive, Clermont 1210 N. Jack Lake Road, Clermont 1241 6th Street, Clermont 130 Division, Clermont 618 Brooke Court, Clermont 612 Grand Highway, Clermont 610 E. Grand Highway, Clermont 614 Grand Highway, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 4 City Manager Saunders stated that the applicant proposes a Planned Unit Development composed of 205 town houses located east of East Avenue and south of Grand Highway adjacent to the Clermont Middle School and 266 apartment units that would be located east of East Avenue, north of Grand Highway, and directly south of Cherry Knoll Subdivision. The present zoning of this property is R-1 Single Family Residential, however, the City's adopted Future Land Use designation of UD-4 allows a density of up to 6 units per acre for the town house property and up to 8 units per acre for the apartment complex property as a Planned Unit Development. Kevin Hawkins, owner of the property, described the location and the composition of the project. He stated that the City's Future Land Use for the area is designated UD-4 which allows a density of up to 6 units per acre for the town house property and up to 8 units per acre for the apartment complex property. He stated they were in agreement with the conditions listed in Resolution No. 1029. Hal Cantor, attorney for Mr. Hawkins, explained the City's actions 12 years ago which approved three different densities for the property: 4 units per acre for single-family; 8 units per acre for multi-family named the Village of Lake Minneola; and Springlake Gardens is designated at 6 units per acre. There is a condition that the applicant bring the multi-family parcels in for conditional use for planning and development. The application meets the City's conditions of the Comprehensive Land Use Plan and the conditions recommended by staff are acceptable. He introduced a representative from the Transportation Consulting Group, Inc. to answer questions regarding transportation concerns. The location and composition of the project was described to the audience. Carolyn McGowan asked about the time frame for each project. Mr. Hawkins stated that the 8-unit per acre multi-family project construction is anticipated to begin in the spring of 1999 and will take 18-24 months to complete. The single-family project will begin as soon as possible, possibly January, 1999 and will be done in three phases with a total of 148 lots and he anticipated a 4-year completion date. The townhouse project will be the last project and would begin the end of 1999 and 5-6 years until completion. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 5 Hope Lamb asked how the developer got a copy of the tape of the Planning and Zoning Commission Meeting. She stated that she reviewed the action of the Council 12 years ago when the land was re-designated and asked if the developer was entitled to the densities. She assumed the developer was asking for a conditional use because they do not already have permission. She read the definitions for a conditional use permit and planned use development. She stated the development would negatively affect the area and it isn't the place where you would want to put the impact of traffic. The last place to put high density, double density is on Lake Minneola. She was not in favor of the development. Matthew Modica stated that he was not in favor of the development because the higher densities would place too great a stress on the area. He asked for a traffic study and pointed out a safety concern with the Rails to Trails. Nancy Fullerton was not in favor of the development due to growth management problems and there are already too many traffic accidents. She stated last year's traffic statistics for the section of Highway 50 at the U.S. 27 intersection to the Orange County line from the Highway Patrol and the Clermont Police Department which totaled 62 with 5 fatalities. Mike Dunn asked about the current traffic study and the approval procedure for new road improvements. Kristine Sette submitted a petition from the Bloxam, Grand Highway and East Avenue protesting the approval of the development. Don Harris stated that multi- family developments are often a concern to home owners in a single-family development. Steve Test stated his family has lived on East Avenue for about 20 years and was concerned with drainage, garbage collection, police protection and fire protection. Marcus McGowan was concerned with traffic and one roadway for 266 units onto Grand Highway and more units nearby. He asked about the current zoning of the property. Charles Forth Jr. stated the residents ask that the Council have a clear vision which was given them at the Visioning Session. He was concerned with a decreasing level of service and quality of life. Ann Dupee explained that she was on the Council when this property was re-designated to 8 units per acre, allowing people to enjoy lake views other than those who can afford large homes. She stated that the apartment area will have 60% CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 6 green space. She asked about the policy on animals in the proposed development and how much impact fee money would be due the City. Misty O'Bar submitted an additional page to the petition opposing the project. She asked that the development be postponed until there is a full Council and a traffic study. Karen Andersen, 126 W. DeSoto Street, Clermont was sworn in by City Clerk Van Zile. She asked if there were any plans regarding recreational facilities to accommodate the area. She stated the conditions are much different today than 12 years ago when the property was re-designated. She asked why additional development is being considered at all. Carolyn McGowan stated she was a school teacher and asked that development be slowed down so that the schools can catch up. JeffBiddle, 915 W. Montrose Street, Clermont was swom in by City Clerk Van Zile. He stated that he was against this project because it isn't in the right area because of the traffic and the schools. Roger Snow stated that a multi-family project in that area wasn't a good idea 12 years ago and isn't a good idea now. Robert Haasch, 221 N. Disston, Clermont was sworn in by City Clerk Van Zile. He stated that a traffic study should be done because of safety concerns and was in favor of developing the area with large-lot single-family residences. Hal Cantor answered Hope Lamb's question as to a copy of the Planning and Zoning Meeting tape, stating that one of his staff was sent to make a copy of the tape with their own equipment. He also responded to Ms. Lamb's question regarding automatic land use approval. He stated they do not have automatic approval and that they must prove their case and comply with requirements imposed by the City. He stated that they are unable to develop the project unless they must meet the City'~ requirements and standards which includes a designated level of service requirement for transportation. A detailed traffic study has not yet been done and is not done until the conditional use permit is granted which outlines the conditions. In answer to Ms. Anderson's question regarding recreational facilities, each of the three projects has their own recreational facilities. This project will increase the City's tax base by $50 million. The impact fees are estimated between $2-3 million. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 7 Mr. Dave Mulholland, Transportation Engineer with the Transportation Consulting Group stated the Conditional Use Permit requires that a traffic study be performed in compliance with Lake County, City of Clermont, and the Department of Transportation, meeting all methodology requirements of each. He stated that the project includes 3 east/ west roadways and 2 north/south roadways with 4 access points (2 from Grand Highway, 1 from Pitt Street, and 1 from Bloxam Avenue) which will provide a dispersion of traffic. He stated that the traffic study will evaluate capacity issues and safety issues and will consider the accident data from the immediate area. The City of Clermont has no control over State roads or County roadways, however, the County and State are involved in the methodology and include the resident's concerns. City Manager Saunders answered a question whether DOT and other agencies have approved the proposed improvements, stating that they have not because they will not be submitted until after the traffic study is complete. He answered the question which asked if the developer was entitled to the densities that were established 12 years ago by stating that they are not entitled to the densities until they prove their case to the Council as to why they should be allowed to develop at the densities which are specified in the Comprehensive Plan as the maximum allowable densities. He stated that the zoning currently in place is R-1, but the Comprehensive Plan allows for the greater density if they prove their case under a Conditional Use Permit. He stated that Mr. Cantor responded to the question asked regarding recreational facilities where he stated there will be recreational facilities within the site, and he further explained that there is a recreation impact fee on each unit paid to the City which is used to purchase and develop recreational amenities. Planning Director Harker further explained that staff and the Planning and Zoning Commission develop conditions in accordance with the Comprehensive Plan and the Zoning Ordinance, taking into account surrounding zoning and land uses. Council Member Wolfe stated he has a conflict of interest regarding this request and will abstain from voting. He was concerned that the zoning map is not always synchronized with the Furore Land Use map which is confusing to residents. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 8 Council Member Cole stated that the residents in the area are concerned with traffic problems and he wanted to see a preliminary traffic study before he makes a decision. City Attorney Baird explained that the City's process is to issue a Conditional Use Permit which allows a project if the conditions listed in the Conditional Use Permit are complied with for a project, and if the traffic study shows that it won't support the project, then they cannot develop the project. If the traffic study shows that Grand Highway should be 4-lanes, then that must be done. They must also design a storm water retention area that St. Johns River Management District will approve, or they cannot develop the project. These and other requirements must be done before a developer may pull a permit. In order to do a traffic study, they know how many units are allowed. Mayor Pro Tem Norquist asked what the impact of the proposed project is compared to the impact of what is allowed with R-1 residential zoning. City Manager Saunders stated the preliminary traffic study could show those comparisons. 98-292 A motion was made bp Council Member Cole, seconded by Council Member Brown, and carried unanimously to table Resolution No. 1029 until a preliminar¥ traffic study is done. Matthew Modica requested that the City send letters of include in the water bills informing the residents affected so they could come back and give input. Mayor Pro Tem Norquist called a two-minute recess. Nick Jones - Variance Request Mayor Pro Tem Norquist called the meeting back to order. City Manager Saunders stated that Mr. Jones is requesting two variances for a proposed office expansion at 1320 Bowman Street. The City previously approved a Conditional Use Permit for this expansion, however, in order to preserve a 28" live oak, the applicant is requesting that two of the parking spaces be allowed to be 9' in width rather than the required 10'. They also request that the 60 square feet of internal landscaping be eliminated as it pertains to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 9 the parking area. Mayor Pro Tem Norquist 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: Nick Jones Sandy Follis 1322 Bowman Street, Clermont 19 The Crescent, Minneola Mr. Jones stated that a proposed addition of 1,200 square feet requires six additional parking spaces, one of them being 17' wide handicap parking space. He asked that the interior landscaping requirement of the parking area be eliminated since there is only six spaces. He requested that two of the six spaces be allowed to be 9' rather than 10' so that a 28" oak tree can be saved. Sandy Follis stated she was speaking for the owners of 181 and 183 Sunnyside Drive who are in favor of the variances. City Manager Saunders stated that the City's landscaping code does refer to the preservation of this type of tree as a hardship basis for this type of variance and the staff recommends approval. 98-293 A motion was made bY Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to approve variance requests to Nick Jones, allowing 2 of the 6parking spaces to be 9' rather than 10' and eliminating the interior landscape requirement for the parking lot at 1320 Bowman Street. Gant Group - Variance Request City Manager Saunders stated that the applicant is requesting a variance to construct two retaining walls up to 10.75' where a maximum of 6' is allowed for property located at the intersection of Laurel Street and Sunnyside Drive. A Conditional Use Permit was previously approved by the Council for this project. CIIT OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 10 Mayor Pro Tem Norquist stated that this 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: Sandy Follis Arthur Nicks Jim Gant Nick Jones 19 The Crescent, Minneola 17550 C.R. 455, Montverde 6601 Rose Street, Groveland 1322 Bowman Street, Clermont Mr. Nicks stated he was the engineer for the project which includes two duplexes and one triplex with a central courtyard. He explained the property is very steep and one of the retaining walls will be the back side of the retention area and the lower end of this will require a higher wall. Mr. Gant stated that the development will be very attractive. Sandy Follis stated she was speaking for the owners of 181 and 183 Sunnyside Drive. The view from the fronts of both these homes will be the proposed wall whereas now they have a view of the lake and will depreciate their property. Nick Jones stated he is the architect for the development and an adjacent property owner. He felt the property was very difficult to develop and the project is within the densities allowed. City Manager Saunders stated that the project has already received a Conditional Use Permit. He explained that one of the proposed walls is internal and the other is in front of the two buildings, and neither wall should obscure any view for neighbors. He explained that the hardship noted in request of the variance is the severe topography of the site which is over 35' of elevation change across the site. Harold Roberts, 1119 Chesmut Street, Clermont was sworn in by City Clerk Van Zile. He stated that the project is the best that he could have hoped for and he is in favor of the project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 11 Mayor Pool entered the meeting at this time and Mayor Pro Tem Norquist passed the gavel to him. 98-294 A motion was made bP Mayor Pro Tern Norquist, seconded bY Council Member Cole and carried unanimousl_y with Mayor Pool abstaining, to approve a variance to allow a 10. 75' wall for two multi-family complexes east of SunnYside Drive, north of Laurel Street for the Gant Group. KMH General Partnership - Resolution No. 1024 Mayor Pool read Resolution 1024 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 Manager Saunders stated that the applicant is requesting approval of a Conditional Use Permit for the operation of a professional office at 659 W. Juniata Street which is a R-3-A zone that allows a professional office as a Conditional Use Permit. The Planning and Zoning Commission has also recommended approval with the conditions as stated in Resolution 1024. 98- 295 /1 motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Resolution No. 1024. Pyke Construction - Resolution 1025 Mayor Pool read Resolution No. 1025 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 Robert Porter, 8501 Pine Island Road, Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 12 Robert Porter stated they are able to meet all the provisions of the Conditional Use Permit. He stated he reviewed other Conditional Use Permits for surrounding businesses and found that these conditions are more stringent and will require a greater investment than the surrounding properties. He reviewed item #5 which requires, "The property be used as a professional construction company only. No change of use or addition to the use shall be permitted except as approved by another Conditional Use Permit." He stated this condition limits him and with the amount spent on improvements and it is unfair if he should try to market the property. He asked that this condition be reviewed because the wording is too strong. He also questioned the 5' buffer requirement and explained there is a total of four lots with a building on the first two lots which is adjacent to Highland Avenue. He asked that the north landscaping berm toward the parking area rather than at the property line that meets the Cemetery. City Manager Saunders stated the request to move the buffer next to the parking lot is acceptable. Planning Director Harker stated that Condition #5 which requires that the property be used as a professional construction company only is done because other types of professional offices generate more use, so it should not be open-ended. Denise Pyke Porter, 8501 Pine Island Road, Clermont was sworn in by City Clerk Van Zile who pointed out that Condition #2 requires, "... property shall only be used for the purposes described herein. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council." City Manager Saunders stated that Condition #5 can be amended to define the office as a "professional office" and #2 can be amended, "Any other proposed use or more intense use shall be require an amendment to the Conditional Use Permit." Mayor Pool closed the public hearing. 98-296 A motion was made by Council Member Wolfe, seconded b? Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. ! 025, amending Condition #2 to "Any other proposed use CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 13 or more intense use shall require an amendment to the Conditional Use Permit. "and amending Condition #5 to "professional Office". PetVet Clinics - Resolution 1026 Mayor Pool read Resolution 1026 by title only and stated that the request requires 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: Dr. Ross Hendry Patty Cornell Paul Cornell Dr. Robert Rodriguez Dr. Michael Ponte Dr. Dwayne Zagrocoi Bob Wade 1048 Kelly Roberts Road, Zolfo Springs 10438 Loghouse Road, Clermont 10438 Loghouse Road, Clermont 1067 W. Highway 50, Clermont 1086 E. Highway 50, Clermont 17404 Apshawa Road, Clermont 1363 W. Lake Shore Drive, Clermont Dr. Ross Hendry stated he owns a limited service pet vaccinating company with 49 clinics in 14 counties. They previously were denied application for the clinic in Clermont. He explained that the fees charged are about one-third less than a traditional veterinarian. Paul Cornell stated that he is part owner of Clermont Aquarium and Pet Store in the Clermont Shopping Center. The van providing the service would locate in the parking lot on Saturday between noon and 1:30 p.m. and he has found that between 33% to 52% of the 113 parking spaces were available. An additional 24 parking spaces are behind the building of which 90% were available. Pat Cornell, part owner of Clermont Aquarium and Pet Store, stated that many more people who otherwise cannot afford a veterinarian, use this type of service. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 14 Bob Wade explained that the van is only on-site about an hour and a half which would not be detrimental to the shopping center. Dr. Dwayne Zagrocki stated he owns and operates All Care Animal Hospital and has been a co-sponsor of the South Lake Animal League rabies clinic since 1991 which they hold once a year where the same fee of $5 is charged for a rabies shot. He stated that the proposed mobile clinic is not required to meet the same standards and regulations as a regular clinic. Dr. Michael Ponte stated that zoning for similar businesses in Clermont should be the same, and city or county licensing and taxes must be the same in order to have a level playing field and ask for continued fairness. Dr. Robert Rodriguez stated he is concerned about what the mobile clinic users do when they are gone. City Manager Saunders stated that staff and the Planning and Zoning Commission recommends denial of this request because the shopping center does not meet our minimum parking requirements for the existing facilities and this type of use would create additional requirements for parking without any ability to provide such parking. Mayor Pool closed the public hearing. 98-297 After discussion, a motion was made by Council Member Cole, seconded by Council Member Brown, and carried unanimously by roll call vote to deny Resolution 1026. Dale Dewitt - Resolution 1027 Mayor Pool read Resolution 1027 by title only and stated that the request requires a Quasi-Judicial hearing be held and anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Arthur Nicks of Montverde Engineering. Arthur Nicks stated he is the engineer for the project and represented Mr. DeWitt, the operator of the borrow pit. He explained that the property was annexed with a Conditional Use Permit in place from Lake County which included a provision requiring CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 15 a berm along S.R. 50 to be in place until the pit was completed. The pit is complete up to about 600' from S.R. 50 at this time and they want to construct another berm and continue the operation for another two years, at which time the entire property would be finalized, seeded, and mulched. The berm between S.R. 50 and the berm will be seeded. City Manager Saunders stated there will not be any changes in the operation, but the front part of the property will be reclaimed and the berm will be set back further. City Manager Saunders stated that the applicant is requesting a Conditional Use Permit which will in effect transfer an existing Conditional Use Permit granted under Lake County to the City of Clermont. He stated that staff and the Planning and Zoning Commission recommend approval. Council Member Wolfe asked about Hook Street extension dedication and City Manager Saunders stated that the existing CUP sets the elevation of the site and Mr. DeWitt and he has asked the County to provide an elevation for Hook Street profile and he is willing to bring his final grade to that profile elevation. He stated that the Conditional Use Permit could require the dedication of the Hook Street right-of- way. Mr. DeWitt agreed with the addition of the Hook Street right-of-way dedication to be included in the Conditional Use Permit. 98- 298 ,4 motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously by roll call vote to approve Resolution 1027, adding the requirement of the dedication Of the Hook Street right-of-way. Herb Smith Construction - Resolution 1028 Mayor Pool read Resolution 1028 by title only and stated that the request requires a Quasi-Judicial hearing be held and 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: Herb Smith Carolyn McGowan Charles Forth 16706 Tequesta Trail, Clermont 120 Overlook Drive, Clermont 939 DeSoto CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 16 Don Harris Roger Snow 612 Grand Highway, Clermont 610 Grand Highway, Clermont Herb Smith stated that he proposes to build 51 townhouse units located on 8 acres located on the west side of Bloxam Avenue approximately 750' south of Grand Highway. The zoning is R-3 multi-family with 8 units per acre. Ingress and egress will be from Hunt Street and traffic should not be a problem. Don Harris stated he is concerned with the traffic congestion at Grand Highway and U.S. 27 which is backed up past Bloxam Avenue at times. With the other developments proposed for the area, he felt a traffic study should be done. He felt the site should be given to the schools as an agricultural site. He also felt that the size, price, and elevations of the units were substandard. Carolyn McGowan suggested this project also be included in a traffic study. She stated that traffic in the area was congested already. City Clerk Van Zile swore in the following: Lisa Jensen Charles Forth Jr. Matt Modica 1241 6th Street, Clermont 939 W. DeSoto Street, Clermont 1606 Penzance Street, Clermont Charles Forth requested that the City consider the traffic impact on the area in combination with the previous request (Resolution 1029). Lisa Jensen asked if the why the developer is required to obtain a Conditional Use Permit if the property is already zoned for 8 units per acre and he is only requesting 51 units. City Manager Saunders stated that any development requesting more than 12 units is required to obtain a Conditional Use Permit. He also confirmed that no Conditional Use Permits would be required ifa 1-1/2 acre parcel with 12 units on each was requested. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 17 City Manager Saunders stated that staff and the Planning and Zoning Commission has also recommended approval of this project. 98-299 After further discussion, a motion was made by Ma?or Pro Tern Norquist, seconded bp Council Member Wolfe and carried unanimousl_¥ to approve Resolution No. 1028 granting a Conditional Use Permit for 51 townhouse units on 8 acres on Bloxam Avenue to Herb Smith. Don Casto - Resolution 1030 Mayor Pool read Resolution 1030 by title only and stated that the request requires a Quasi-Judicial hearing be held and anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose Street, Clermont. Rick McCoy provided an overview of the project and reviewed the proposed lot sizes. He indicated that the overall density for the project is less than four units per acre. City Manager Saunders explained that the Conditional Use Permit is for a Planned Unit Development north of Highway 50, west of Citrus Tower Boulevard to construct 200 single-family units, 250 multi-family units, and a 60-unit congregate care facility on approximately 157 acres. The proposal included an August 14, 1998 letter fi.om Douglas Miller, the engineer for the Casto organization proposing to construct an extension of Oakley Scarer Blvd. from its intersection with Citrus Tower Blvd. to S.R. 50 as shown on the plans. He stated it should be included in the conditions of the Conditional Use Permit. The dedication of a 1.9 acre recreation site should also be included. 98-300 After discussion, a motion was made by Council Member Cole, seconded bY Council Member Brown, and carried unanimously bY roll call vote to adopt Resolution 1030, amended to include the construction and dedication of street right-of-way of Oakle¥ Seaver Blvd._from the intersection with Citrus Tower Blvd. to S.R. 50 and the dedication ora 1.9 acre recreation site. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 18 UNFINISHED BUSINESS Final Reading of Ordinance 358-M Planning Director Harker explained that due to a new Department of Community Affairs guideline is in effect, our Small Scale Amendment for this rezoning was not approved and must be resubmitted after October 1. KMH General Partners will resubmit after October 1. 98-301 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to table Ordinance 358-M until October 27, 1998. Final Reading of Ordinance 360-M Mayor Pool read Ordinance 360-M by title only and stated that the request requires a Quasi-Judicial hearing be held and 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: Bob Shakar Matthew Modica Nancy Fullerton Jane Zagame John Zagame Lisa Jensen Charles Forth 230 Mohawk Road, Clermont 1606 Penzance, Clermont 368 W. Montrose, Clermont 230 Mohawk Road, Clermont 230 Mohawk Road, Clermont 1241 6th Street, Clermont 939 W. DeSoto Street, Clermont Bob Shakar, Jaymark Builders, indicated the proposed annexation would be combined with the proposed Lost Lake Reserve project. The area of the annexation was pointed out on a map for the City Council and the audience. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 19 Nancy Fullerton stated she had the same concerns as previously mentioned regarding traffic and safety and asked again for a traffic study. Charles Forth and Matthew Modica also stated their concerns regarding the rapid growth of the City. City Manager Saunders stated that the applicant is requesting to annex approximately 29 acres located west of Lost Lake and adjoins the proposed Lost Lake Reserve project which was annexed into the City several months ago. The 29 acres proposed to be annexed under Ordinance 360-M is proposed to be combined with the Lost Lake Reserve project which will be required to go through a Development of Regional Impact review. 98-302 After discussion, a motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Ordinance 360-M. Final Reading of Ordinance 361-M City Manager Saunders stated that Ordinance 361-M is a request to annex approximately 17 acres located northwest of Lost lake. The parcel adjoins the 29 acres included in the Ordinance 360-M and is also part of the Lost Lake Reserve project. Mayor Pool read Ordinance 361-M by title only and stated that the request requires that a Quasi-Judicial hearing be held and 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: Jane Zagame Bob Shakar John Zagame 230 Mohawk Road, Clermont 230 Mohawk Road, Clermont 230 Mohawk Road, Clermont Bob Shakar presented the request to the Council and explained that this property is adjacent to the property annexed in Ordinance 360-M and it will also be included as part of the Lost Lake Reserve project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 20 98-303 After discussion, a motion was made by Council Member Cole, seconded bP Council Member Brown, and carried unanimously bp roll call vote to adopt Ordinance 361-M. Introduction of Ordinance 364-M Mayor Pool read Ordinance 364-M by title only and stated that the request is for a Comprehensive Plan Small Scale Amendment and is for introduction only. The amendment will incorporate the allowable land uses from Residential-Professional to include commercial use. The project consists of 4 lots located at the southwest comer of Highway 50 and 5th Street. The final hearing is scheduled for October 13, 1998. 98-304 A motion was made by Council Member Cole, seconded by Council Member Wolfe and carried unanimously to introduce Ordinance 364-M. Introduction of Ordinance 365-M City Manager Saunders stated that as part of the purchase agreement for Mr. Sutton's property, the Council agreed to rezone the remainder of his property from C-1 Commercial to CBD Central Business District. The property is located west of West Avenue along the northern shore of West Lake. Mayor Pool read Ordinance 365-M by title only and stated that the hearing is scheduled for October 13, 1998. 98-305 A motion was made bp Council Member Cole, seconded bp Mayor Pro Tern Norquist and carried unanimously to introduce Ordinance 365-M. Introduction of Ordinance 368 Mayor Pool read Ordinance 368-M by title only and stated that it was for introduction only, with the public hearing scheduled for October 13, 1998. 'City Manager Saunders stated that new roads would be platted within the subdivision. An existing 15' right-of- CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 21 way is being proposed for vacation which runs along the north boundary of Sierra Vista subdivision. 98-306 A motion was made by Council Member Brown, seconded b~ Mayor Pro Tern Norquist and carried unanimously to introduce Ordinance 368-M. Plat Approval - Sierra Vista Phase 1 City Manager Saunders stated that staff is recommending approval of Sierra Vista Phase 1 plat which is a single-family subdivision located north of North Ridge Boulevard east of the northerly extension of Citrus Tower Boulevard. 98-307 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to approve the Sierra Vista Phase 1 Plat. Software Purchases Finance Director Van Zile explained that the City's current software is not year 2,000 compliant. Four options were reviewed and they are recommending Computer Center Software for $44,960. The budget that was adopted earlier this week provides funding for this project. 98-308 A motion was made by Mayor Pro Tern Norquist, seconded by Council Member Cole and carried unanimously to approve Computer Center, Inc. software in the amount of $44,960 to upgrade the software for the utili~ billing system. Chief Story stated they researched several software systems which ranged from $39,120 to $109,125 and stated they all performed the same tasks. He requested approval of USA CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1998 Page 22 Sof~ware Cad and Records Management software in the amount of $39,120. He stated they have the capability of handling mobile data in the future 98-309 ~4 motion was made by Council Member Brown, seconded by Council Member Cole, and carried unanimously to approve the purchase Of US~4 Software Cad and Records Management software in the amount of $39,120 ~for the Police Department. There being no further business or discussion, the meeting adjourned at 12:03 a.m. Keh Norquist, Mayor Pr6 Tem Attest:  Clerk ~Jose~E. ~ Zile, City FORM8B_ M,/IORANDU'M' OF vO.'l' CONFLICT FOR COUNTY, MUNIOfPAL, AND OTHER LOffAL 'PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME ..~.~(~IAI L I NG ADDRESS CITY DATE ON WHICH VOTE OCCURRED COUNTY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITrEE THE ' ,, . , AUTHORITY, OR ~OMMITI'EE ON WHICH I SERVE IS A UNIT OF: %CITY ! ' COUNTY I ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS:.~.' ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who axe presented with a VD. ting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use or this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES e ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in. the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to thc special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: o ·You should complete and file this form (before making, any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in thc minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I II)1~'~1 ~H ID-R6 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You'should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person resPonsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST '~'J~ , hereby disclose that on 9--0~ (a) A measure came or will come before my agency which' (check. one) inured to my special private gain; or (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 'E FORM RB - IO-R& ..... _