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05-23-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, May 23, 2000 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 Mullins and Council Member MacLauchlin. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown, and Deputy City Clerk Maddox. Council Member Lamb was absent. INVOCATION The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES ,4 motion was made bY Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimouslF to approve the minutes of the regular Council Meeting held May 9, 2000 and approval of the Minutes qf the Council Workshop held MaE 1, 2000. CITY MANAGER SAUNDERS' REPORT No report. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 2 COUNCIL MEMBER BIDDLE No report. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER MACLAUCHLIN No report. MAYOR TURVILLE'S REPORT No report. CONSENT AGENDA Mayor Turville stated the Consent Agenda includes three items and explained that an item can be pulled from the Consent Agenda for discussion if there are any comments or questions. Item No. 1-Inteflocal Agreement with Lake County for 2000-2001 Recycling and Education Grant funds Item No. 2-Final Plat Approval for Sierra Vista Phase II Item No. 3-Street Light Purchase for Trail from 7th Street to 4th Street A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve Items 1, 2 and 3 listed on the Consent Agenda. COO- CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 3 VISITORS WITH BUSINESS Fred Fox Enterprises, Inc. Mr. Fox stated this was the 2nd Public Hearing for the purpose of presenting a Community Development Block Grant Commercial Revitalization application. Mr. Fox stated that the Citizens Advisory Task Force met at 6:00 p.m. and the Fair Housing Workshop was held at 5:00 p.m. Mr. Fox stated the project involves the streetscaping and undergrounding of utilities along a portion of Montrose Street within the Community Redevelopment Area. Mr. Fox explained the CDBG program including the types of grants that may be applied for. Mr. Fox stated that the application also requires the adoption of a resolution, which adopts the long-term and short-term objectives of the Community Development Plan and one that authorizes the submission of the application for the grant. Mr. Fox explained the breakdown of what percentage of dollars from the grant would be spent for which activity of the project. Mayor Turville invited any comments and then closed the Public Hearing. Resolution No. 1129 Mayor Turville read Resolution No. 1129 by title only. City Manager Saunders stated that Resolution No. 1129 adopts the long-term and short- term objectives of the Community Development Plan. A motion was made bP Council Member Biddle, seconded by Council Member Mullins, and carried unanimously by roll call vote to approve Resolution No. 1129. Resolution No. 1130 Mayor Turville read Resolution No. 1130 by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 4 City Manager Saunders stated that Resolution No. 1130 authorizes submission of an Application for the Small Cities Community Development Block Grant to the Florida Department of Community Affairs for Federal Fiscal Year 2000. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously by roll call vote to approve Resolution No. 1130. Aaron Jones Planning Director Barry Brown stated that the applicant is requesting a variance to allow a sign to be set back 35 feet from the intersection where 50 feet is required, for his small engine repair shop located at the comer of 4th Street and Highway 50. Mr. Brown stated that the size of the applicant's property would not allow him to erect a sign according to code and therefore Staff recommends approval of the variance. Mayor Turville stated that the following issues require 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: Aaron Jones, 407 W. Highway 50 Mr. Jones stated that his old sign, which blew down during a storm was closer to the property line than he is requesting now and because of the lay-out of his property he would appreciate Council's approval of the variance request so he can erect a new sign. Mayor Turville stated that variances are based on hardship and Mr. Jones obviously cannot erect a sign unless he has a variance. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously by roll call vote to approve the variance to allow a set back of 35_feet to erect a sign. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 5 Levitt Homes Mayor Turville stated that the following issues require 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. Planning Director Brown stated that the applicant is requesting a variance to allow the use of a modular unit as a design center to be located in the model home center at Summit Greens subdivision located north of Highway 50, east of Hancock Road. Mr. Brown stated that the design center is where customers will be able to view available options for fixtures, walls, flooring, cabinetry, tiles, windows and other accessories, as well as make structural changes to the basic models. Mr. Brown stated the applicants state they do not believe the floor plans of models homes are configured for the design center and they want to use the modular unit specifically configured for the design center for a period of five years and it will be staffed with two licensed interior designers and one architect. Mr. Brown stated that Staff does not want a proliferation of prefabricated units used as sales offices or design centers, however in large-scale developments that are approved under a PUD, it may be appropriate to allow their use. City Clerk Van Zile swore in the following persons. Nick Condorousis, 1795 E. Highway 50 Jeff Sugar, 5533 Broadway Avenue Attorney Jimmy Crawford, representing the applicants gave a presentation, along with pictures of the modular unit they wish to use as a design center. Mr. Crawford stated that Levitt Homes wishes to provide a professional experience for its customers and in order to offer the customization of home designs, they need a full design center with a staff. Mr. Crawford stated the modular unit would be built on a ground-level foundation with extensive landscaping, including 130 twenty to thirty foot Oak trees and will look like a permanent structure. Mr. Crawford stated they would like to have an agreement to remove the modular design center within 90-days of close out of the model center but would agree to the five year removal term. Mr. Crawford stated that the City already CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 6 allows modular units to be temporarily used as offices and he did not feel that a design center was so different of a use as to be denied. Mayor Turville stated he did not see a hardship and asked why one of the model homes could not be used as a design center with materials housed in one of the model homes and he felt the City's standard was to not have mobile units. Nick Condorousis stated that Levitt Homes has hired a retail designer to design a customized design center that will allow customers to meet all of their custom design needs and a model home would not flow appropriately or be large enough to handle that. Attorney Crawford stated that their customers spend approximately 12 hours choosing custom designs for their homes and there would not be enough space for customers and all of the displays in a model home, which would hinder Levitt's ability to serve its customers. Council Member Mullins stated that from the picture, the modular design center appeared to blend in and it was not a permanent structure. Mr. Mullins stated that he would like to have any air conditioning units attached to the modular screened so that it cannot be seen and Mr. Condorousis stated they would do that. Mr. Mullins stated he did not object to the temporary use of a modular, if it is attractive. Council Member MacLauchlin stated that many modular buildings look like permanent structures. Council Member Biddle agreed that it did not look as though a model would be large enough to handle a design center. Mayor Turville closed the public hearing. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried by roll call vote 3 to 1 to approve the variance to allow the temporal_ use o_fa modular unit as a design center. Mayor Turville ob/ected. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 7 Resolution No. l126-Gena Marie Cheplick Planning Director Barry Brown stated that the applicant is requesting a Conditional Use Permit for the operation of a sandwich shop and retail sales facility at 796 West Minneola Avenue, located at the northeast comer of 8th Street and Minneola Avenue, north of the Minneola Trailhead. Mr. Brown stated the existing structure is vested with enough parking to meet the requirements of the proposed restaurant and retail uses. Planning Director Brown stated the requested use is in accordance with land use designations and Central Business District zoning and is an appropriate use for downtown, therefore Staff recommends approval. Mayor Turville read Resolution No. 1126 by title only. Mayor Turville stated that the following issues require 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 persons: Gena Cheplick, 9807 Hasson Ridge Road, Clermont Vince Cheplic, 11617 Clair Place, Clermont Alan Joseph, Attorney Vince Cheplick stated that their business, the Sunnyside Plaza Deli, desires to relocate in order to expand their deli-restaurant and have retail sales of specialized imported foods. Mayor Turville closed the public hearing. Council Member Biddle stated all requirements were met and there seemed to be no outstanding issues at all. Mayor Turville stated that he spoke with the Cheplicks regarding their moving to this new location and discussed with them how to go through the process and encouraged them to meet with Staff with all their questions. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 8 A motion was made by Council Member Biddle, seconded bY Council r'~c)- Member MacLauchlin, and carried unanimously to approve Resolution No. 1126. Resolution No. l127-Thomas W. Vincent Planning Director Brown stated the applicant is requesting a Conditional Use Permit to allow the construction of a shopping center with four out-parcels that will be located at the northeast comer of the intersection of U.S. 27 and Hartwood Marsh Road. Mr. Brown stated that the request is in accordance with the City's Future Land Use designations and zoning and the impacts of the project have been evaluated through the DRI process and Staff recommends approval. Mr. Brown reviewed some additional conditions suggested by City Manager Saunders regarding Section 5-Transportation and Section 7-Utilities. Mayor Turville stated that the following issue 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 persons: Mary Morris, 4214 Chamberlin Way, Clermont Charles Krane, Kings Ridge,' Clermont George Hovis, Attorney for Whitehall Neighborhood, Kings Ridge, Clermont Thomas Vincent, 33 S.E. 4th Street, Ste. 100, Boca Raton, F1 33432 Rob Ahrens, 286 Wymore Road, Altamonte Springs Duane Booth, Traffic Engineer, Famer-Barley & Associates Mr. Vincent stated that they worked with the homeowners in Kings Ridge over the last 3-month period to specifically address the operation of the Publix Center and how the site plan would work. Mr. Vincent reviewed the site plan with the Council and made a presentation with drawings and diagrams showing the layout of the shopping center. Mr. Vincent explained that the Publix store will have a covered drive-through area for drop- off and pick-up and also has parking areas and exclusive traffic lanes for golf carts. Mr. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 9 Vincent pointed out the green space including the stormwater retention needs, perimeter landscape buffers, screen wall around the entire back of the center and extensive landscaping over and above the City's requirements. Mr. Vincent explained the access points and traffic patterns and stated that they agreed to restrict the hours of truck delivery. Mr. Vincent showed drawings of the actual building designs and pointed out the architectural features and also showed visuals from different points in surrounding residential areas. Mr. Vincent stated that the only issue they had was regarding the condition that came from the Planning and Zoning Commission allowing them to have only one out-parcel with fast-food. Mr. Vincent stated that they would like to discuss those conditions suggested by City Manager Saunders with Staff. Mayor Turville explained that if the Council acts on and approves this request now, the applicants would be required to perform under the conditions of the conditional use permit as written and stated that if there were still outstanding issues to be discussed the applicants may want to table the request. Mr. Vincent stated they took issue with Section 5-Transportation-No. 3 and Section 7- Untilities No. 2- of the City Manager's Memo and Section 2-Land Use-No. 3 of the drafted Resolution. Mr. Vincent stated they worked with the County on the access issues and felt their traffic pattern was a good one. Mr. Vincent stated that the County stated if the western entrance from Hartwood marsh Road became a traffic hazard, it would become a fight-in, fight-out access only at that time but it was not necessary now. Attorney Hovis, representing the Whitehall Neighborhood of Kings Ridge stated that other than a fast food restaurant being opened on the most northern parcel, which is closest to the residents, they have no objections to the project. Charles Krane stated he represented many Kings Ridge residents who do not live in the Whitehall Neighborhood and they also strongly urge the Council to approve the shopping center. Mary Morris spoke on behalf of the Whitehall Committee and the Kings Ridge Committee and stated that they feel that Mr. Vincent and Rob Ahrens have worked with CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 10 the residents of Kings Ridge to make this project acceptable to all of the Kings Ridge residents. Ms. Morals stated they felt the proposed project would be an asset to Kings Ridge and to the City of Clermont. Rob Ahrens asked if the utilities and transportation issues could be handled under engineering rather than in the conditional use permit. Duane Booth stated that after many discussions with the County he feels what they are proposing for access into the shopping center is the safest and best plan. Mayor Turville closed the public hearing. City Manager Saunders stated that following the Council's request that the CUP's be more thorough and detailed, his suggestions were the result of the site review committee meeting. Mr. Saunders reviewed each of his suggested additional conditions in detail with the Council and stated he felt the City's main concern must be the traffic on Highway 27 and Hartwood Marsh Road. After considerable discussion by the City Council, there was consensus that it will be more difficult to fix traffic problems later and now is the time for the Council to address any requirements for the CUP. Mayor Turville asked for the Council's vote on the issue of right-in, right-out access only at the western entrance to the center from Hartwood Marsh Road. A motion was made by Council Member Mullins, seconded b_y Council Member MacLauchlin, to approve the Coun_ty's recommendation regarding Section 5-Transportation of Resolution No. 1127 and not require the western entrance_from Hartwood Marsh Road to be a right-in, right-out access on!y, unless it becomes a traffic problem in the_future. ,I /o CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 11 Mayor Turville stated he did not feel the stacking lane is adequate and feels it will be a problem and agrees with the City Manager that it will be a problem immediately. Mr. Turville stated once this is in place it will take a lot to correct it. Council Member Biddle stated that while he would like to see if it would work, he agrees with the City Manager that it will take a lot to fix the problem after the fact. City Manager Saunders suggested that if the Council was not inclined to require the entrance be a right-in, right-out, he would suggest that there be a condition that the City Council will set a particular time frame to review the traffic situation and if they deem it to be a problem, require the entrance to be changed at that time. Council Members Mullins and MacLauchlin rescinded their previous motion. d motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to add a number 3. to Section 5-Transportation, stating that the Ci_ty Council may require the western entrance o_f Hartwoo t Marsh Road to be changed to a right-in, right-out, if deemed necessa~_ . A motion was made bY Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimousl_¥ to approve Resolution No. 1127, as amended as_follows: Section 2-Land Use, No. 3, will state that 2 o_f the 4 out-parcels may have a restaurant with a drive-through window; Section 5-Transportation will include a No. 3 stating that the Ci_ty Council may require the western entrance o_f Hartwood Marsh Road to be changed to a right-in, right-out only, ~f deemed necessa~_ , a No. 4. stating that Cross access shall be provided between all out-parcels and No. 5 that access to the out-parcels shall be from Winsle_¥ Street or the shopping center parking lot, parcels 1 and 2 shall share a joint drivewaY, parcels 2 and 3 shall share a joint driveway and parcel 4 ma)/have a right-in, right-out access on to Winsle¥ Street; and Section 7-Utilities, a No. 2 shall be added stating a 12" water main shall beprovided along U.S. 27 and shall be extended CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 12 .from the southwest corner o_f the properN to the northwest corner as the out-parcels are developed, unless the site review committee finds this is not needed_for_further extension o_f the Ci_tF's s_¥stem or determines an alternate location wouM be satisfacto~_ , and No. 3 stating that the water main on Hartwood Marsh Road, required to be a minimum o_f l O inches per our code, shall be upsized to 12 inches and the Ci~ shall provide water impact fee credits for the d~fference of the cost of materials for the upsizing. UNFINSIHED BUSINESS Kings Ridge Fire Station City Manager Saunders stated that at the direction of the Council, Boyken International was hired to provide an independent cost estimate after their review of Lennar Homes' detailed plans and specifications for the construction of the Kings Ridge Fire and Police Substation. Mr. Saunders stated Lennox Homes is proposing to construct the Kings Ridge Fire and Police Substation at a cost not to exceed $507,727.46 and the station will be built on a cost plus 10% basis as previously agreed to which may result in a lower final cost. Mr. Saunders stated that the total for the line items reviewed by Boyken International relating to the construction of the building was $257,073.00 as compared to the Lennox figure of $253,520.00. Mr. Saunders stated the difference in the line items fluctuated with Lennox being higher on some items, and our independent estimator higher on other items with the final result being a difference of $3,553.00. Mr. Saunders explained that the remaining costs that make up the total of the $507,727.46 figure are site related costs such as utilities, parking lots, landscaping, permitting, architectural fees, appliances, window treatment and other minor items that have been reviewed internally are found to be reasonable estimates. City Manager Saunders stated Staff recommends approval of a "Not To Exceed" price of the Fire Station of $507,727.46 and that the City will reserve the right to review all billings associated with the construction to verify actual costs and upon completion of construction will provide Lennar Homes with Police and Fire impact fee credits amounting to the total of the final construction cost, not to exceed $507,727.46. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 13 A motion was made by Council Member Mullins, seconded bY Council Member Biddle, and carried unanimously to approve the construction of the Kings Ridge Fire and Police Substation bY Lennar Homes at a "not to exceed"price of $507, 72Z46 and approve that the Ci_ty provide Lennar Homes with Police and Fire impact fee credits amounting to the total construction cost, not to exceed $507,72Z46. Resolution No. l128-Don M. Casto Organization Planning Director Brown stated the Applicant is requesting to amend an existing Conditional Use Permit for a shopping center to increase the allowable square footage from 204,732 square feet to 232,331 square feet and increase the number of out-parcels from four (4) to five (5). Mr. Brown stated that the property is the Kash 'n Karry shopping center located at the corner of S.R.50 and Citrus Tower Boulevard and when the project was originally approved it was on 23 ½ acres. Mr. Brown stated that subsequently the CUP was amended to add 6 ½ acres of land without an increase in retail space or out-parcels and now the applicant would like to increase the retail space by 27,599 square feet and is asking to add one out-parcel. Mr. Brown stated that the request is in accordance with the City's land use designations and zonings, the infrastructure necessary to support the additional square footage has been provided and Staff recommends approval with the stated conditions. Mr. Brown pointed out architectural design standards, which were included as a condition in the CUP in anticipation that a future user of this center could be a "big-box" retailer. Mayor Turville stated that the following issues require 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 persons: Michael Holbrook, 918 Lucerne Terrace, Orlando Mr. Holbrook, representing the Casto Organization offered to answer any questions the Council may have. Mr. Holbrook explained that they acquired the 6 ½ additional acres and that all CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 14 infrastructure is in place. Mr. Holbrook stated that the City has as a condition that only one structure may be built on each out parcel and only one of the out parcels may have a restaurant with a drive through window and he asked that the restriction not be placed on them. Mayor Turville stated he was concerned that if they are showing 107,982 square feet in one piece on their conceptual plan and the Council should make certain the plans are not construed to be a real site plan and if the Council approves what is submitted then make sure it cannot possibly obligate the Council to grant a variance in the future based on approval of this conceptual plan. City Attorney Guthrie stated that it was important to acknowledge on the record that what has been submitted to Council is a conceptual site plan and Mr. Holbrook acknowledged for the record that the plans submitted are conceptual site plans only. Mr. Guthrie stated that the 107,982 square feet would exceed the City's allowance for a structure in accordance with the City's Ordinance and this is being made clear by this record and acknowledgment by Mr. Holbrook on behalf of the Casto Organization. Mr. Holbrook acknowledged again that this submittal was a conceptual site plan and stated it is his understanding that they will be required to come back before Staff to have their official site plan approved for any structures that will be built in the future. Council Member Biddle stated that it is his understanding that all that is before Council is a revised CLIP that will allow the overall square footage of the shopping center to increase approximately 28,000 feet and add one additional out-parcel and that is the only issue. City Manager Saunders explained that the applicants agreed to Condition No. 4-Out Parcel regarding the allowance of only one drive-through window restaurant at the time the Planning and Zoning Commission stated they wanted it included in the CUP. City Manager Saunders stated that the conceptual site plan presented for review is very accurate and the roadways, driveway connections, the configurations of the out-parcels and parking is all correct and the only thing not shown is the exact footprint of the building that will be constructed in the future. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 15 Mayor Turville stated that the number of drive-through restaurants allowed should be based on the traffic pattern. Mayor Turville stated if the Council was considering allowing more than one drive-through window restaurant, it should wait until it knew for sure who was going to be in the large space. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Resolution No. 1128 (~ " allowing an increase in total square footage of 27,599 sq._ft, and allowing,' ]miLl the addition of one out-parcel. John E. and Gale C. Riley City Manager Saunders stated that the applicants have requested that this be postponed until the June 27, 2000 meeting. A motion was made by Council Member Mullins, seconded bp Council EDO ~ Member Biddle, and carried unanimously to table the variance request of John E. and Gale C. Riley until the June 27, 2000 meeting. .'1 ] ~" Ordinance No. 295-C-Final Reading City Manager Saunders stated that this ordinance will amend Article III, Chapter 11 of our Land Development Regulations to allow model homes to be constructed prior to plat approval. Mayor Turville read Ordinance No. 295-C by title only. A motion was made by Council Member Mullins, seconded bY Council Member MacLauchlin, and carried unanimous[¥ to adopt Ordinance No. 295-C amending Article III, Chapter 110 of the City's Land Development Regulations to allow model homes to be constructed prior to plat approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 16 Ordinance No. 296-C-Final Reading Mayor Turville read Ordinance No. 296-C by title only. Planning Director Brown stated that this ordinance allows the construction of model homes prior to final recording of the plat and defines the nature of model home centers. Council Member Biddle stated that this had been discussed in detail at a previous workshops. A motion was made bY Council Member Biddle, seconded bY Council Member Mullins, and carried unanimous!¥ to adopt Ordinance No. 296-C creating a new section in Article V of Chapter 122 qf the Ci_ty's Land Development Regulation providing regulations _['or model homes and model home centers. Ordinance No. 297-C-Final Reading Mayor Turville read Ordinance No. 297-C by title only. City Manager Saunders stated that this ordinance has been reviewed with the Council at previous workshops and Staff sent out copies of the drafted ordinance to those who had shown an interest in the issue and requested their comments. Mr. Saunders brought to the attention of the Council Section 122-377-A. Antennas, and stated that he would like the Council to consider adding the CDB District to the locations where antennas may be constructed. Mr. Saunders stated that regarding Section 122-377-B. 3., since we are requiring that antennas only be in commercial and M- 1 areas to begin with, there could be some multi-family units or apartment buildings in those areas and therefore would like to omit No. 3. Mr. Saunders stated that in Section 122-378-B. 6., regarding the height limitations was the area he received the most comments about. Mr. Saunders stated that because of the City's rolling terrain there was concerned that the 100 ft. limitation would not be sufficient and when he reviewed the tower approved for Florida Power on Highland Avenue, he discovered they were allowed to be 140 feet and Staff CITY OF CLERMONT MINUTES' REGULAR COUNCIL MEETING MAY 23, 2000 Page 17 would recommend that the height limitation be a 140 feet restriction to be consistent with what the Council has approved in the past. Mr. Saunders stated that in Section 122-378- B, 7. a., when you compute the setback restriction, it would require approximately 15 acres of property to erect a tower and Staff would recommend that the setback requirement be reduced to two times the height of the tower. Attorney Laura Belflower, representing Nextel Communications referred to the correspondence she provided to Council Members. Ms. Belflower reminded the Council that the more places antennas can be placed, the fewer towers will be needed. Ms. Belflower stated that she realized that any conditional use request that came before the Council would be examined very closely. Ms. Belflower stated that she felt tower to tower separation requirement of 3,000 feet is so limited that it would almost wipe out their ability to request a tower at all. Ms. Belflower reviewed the City's zoning map with the Council and indicated that the proposed setbacks combined with the proposed tower- to-tower separation leave almost no area to place a tower. Ms. Belflower stated that she has never seen any City require a tower-to-tower separation for camouflage towers and asked the Council's consideration regarding this. Ms. Belflower stated that the camouflage towers are great but the Council should remember that they severely limit the capacity of receiving antennas, and reduce coverage, which will require more towers. Ms. Belflower asked that the Council also consider allowing the landscaping requirements to be waived at Council's discretion if they do not feel the requirements are necessary in some areas. Ms. Belflower stated that communication providers have a problem with coverage in this area and she would ask that the Council move forward with a communication ordinance as soon as possible. City Manager Saunders stated that if there is a hardship for someone not being able to provide what is deemed to be a needed service and our ordinance is to prohibitive, it can always come before the Council for a variance. Mr. Saunders stated he would like to see the Council adopt this ordinance with those changes he reviewed with them. City Attorney Guthrie stated that Council has the ability to regulate towers and antennas but reminded them that there is a Telecommunications Act that requires the City to accommodate these uses so the provisions of our ordinance should be drafted carefully. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 23, 2000 Page 18 City Manager Saunders stated that in Section 122-378, No. 7 d., language be clarified stating that the reference is for existing towers regulated under this ordinance. A motion was made bY Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Ordinance No. 297- C, as amended relating to siting regulations for wireless communication L facilities. CITIZENS COMMENTS Elaine Rennick reminded everyone that the newly created Shoreline Protection Committee will have its first meeting on Thursday at 6:00 p.m. at Tavares Middle School. There being no further business or discussion, the meeting adjourned at 10:05 p.m. CO0- Attest ~~yor