05-23-2000 Regular Meeting CITY OF CLERMONT
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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.
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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-
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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.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.
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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
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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.
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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.
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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
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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.
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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
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