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04-27-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 27, 1999 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Brown, Council Member Lamb and Council Member Wolfe. Oiher City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Principal Planner Brown, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES 99-090 ~1 motion was made bp Council Member Wolfe, seconded bp Council Member Biddle, and carried unanimously to approve the minutes o£the regular Council Meeting heM.dpril 13, 1999. CITY MANAGER SAUNDERS' REPORT Workshop City Manager Saunders reminded Council Members of a Workshop scheduled for May 6 at 5:00 p.m. in the Police Department Community room. FINANCE DIRECTOR VAN ZILE'S REPORT Police and Fire Pension Board Meeting Council Members agreed to hold a Police and Fire Pension Board meeting at 6:45 p.m. on May 25, prior to the regular Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 2 COUNCIL MEMBER BIDDLE'S REPORT Historical Preservation Ordinance Council Member Biddle stated he attended a Historical Society meeting last week. 'He requested that a historical preservation ordinance be discussed at the next workshop. Planning and Zoning Commission Residence Requirement Council Member Biddle stated he has been informed a Planning and Zoning Commission member no longer resides within the City limits. Mayor Turville asked City Manager Saunders to follow-up if members are required to live within the City limits. COUNCIL MEMBER BROWN'S REPORT Council Member Brown stated he met with the new Park and Recreation Coordinator, Amy Lesner regarding a fee schedule for McKinny Park. He reported she is developing a new fee schedule and is presently receiving input. COUNCIL MEMBER WOLFE'S REPORT Planning Director Replacement Council Member Wolfe asked for a report on City Planning Director replacement. City Manager Saunders stated that he had reviewed applications and interviews were being scheduled. Planning & Zoning Designee Council Member Wolfe asked that a designee from the Planning and Zoning Commission be present at Council Meetings. City Attorney Baird stated he will review the appropriateness and report back to the Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 3 COUNCIL MEMBER LAMB'S REPORT Council Member Lamb reported that at the last League of Cities meeting, changes were mentioned regarding the Regional Planning Council where voting members will no longer be allowed from a City. She suggested.inviting a representative to further inform them regarding the role of the Regional Planning Council. VISITORS WITH BUSINESS Barry Cummings - Variance Request Mayor Turville explained that the variance request would require a Quasi-Judicial hearing and stated that anyone wishing to speak in favor of or in opposition of the request should be sworn in. City Clerk Van Zile swore in Howard Barry, 439 Carroll Street, Clermont and Barry Cummings, 1620 East Avenue, Clermont. Mr. Cummings stated that he purchased the lot to build a family home, however the lot is an irregular-shape. If all setbacks were met, it will not allow an adequate-sized home for the neighborhood (R-l-A) Howard Barry asked for a Planning & Zoning Commission recommendation and was informed that they did not review variances. City Manager Saunders stated that Mr. Cummings is requesting two variances to the setback requirement for Lot 11, Dazzling Sunset. 'He has re. quested a 25' front setback where 35' is required and a 20' rear setback where 25' is required. He stated that staff recommends denial of the front yard setback, but approval of the rear yard setback of 20' based on the irregular shape of the rear lot · line. He also stated that two new homes are currently being built along this same road that me~t the required setbacks from 5 ~ Street. 99-091 A motion was made bY Council Member Biddle, seconded by Council Member }Volfe, and carried unanimous!¥ to den}, the ._front_~ard variance request and approve a 20'rear setback]or Barry Cummings for Lot 11, Dazzling Sunset. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 4 Enrique Rangel - Resolution 1058 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow the expansion of an existing child care center located at 191 W. Broome Street. Mayor Turville stated the request requires that a Quasi-Judicial hearing be held. City Clerk Van Zile swore in Enrique Rangel, 5729 S.R. 33, Clermont. Mr. Rangel stated that he is requesting an expansion which will enhance his property by adding new restroom facilities, enclosing an existing portico, reconfiguring the driveway, and adding additional parking spaces. Principal Planner Brown stated that the Planning and Zoning Commission was concerned with the drop-off and pick-up of students on Broome Street and the issue has been resolved. He stated that 8 of the 11 parking spaces will be paved and adequate space is provided to pick up and drop off students. He stated that the Planning and Zoning Commission and staff are recommending approval with conditions stated in Resolution 1058. 99r092 .4 motion was made bp Council Member Brown, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Resolution 1058. Magic Moments - Resolution 1060 City Manager Saunders stated that the owners of Magic Moments Child Care have requested the temporary use of the American Legion Building located at the comer of DeSoto and 11 t~ Street for additional programs they will be offering during the summer months. He stated that the applicants utilized this facility last summer in order to accommodate the additional requests for care during the time that school is out. Mayor Turville stated that a Quasi-Judicial hearing is required. City Clerk Van Zile swore in Sam Allison, 885 W. DeSoto Street, Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 5 Sam Allison stated that the request to use the building is identical to a request made last year. He stated about 50 children will be bussed from the current center to the American Legion building..and then bussed back. Principal Planner Brown stated that staff b, nd the Planning and Zoning Commission recommend approval of Resolution 1060. Mayor Turville read Resolution 1060 by title only o 99-093 A motion was made bp Council Member Biddle, seconded b:¥ Council Member Brown, and carried unanimously b~ roll call vote to adopt Resolution 1060. Gil, Inc. - Resolution 1061 Mayor Turville read Resolution 1061 by title only. City Manager Saunders stated that the,applicant is requesting a Conditional Use Permit for an approximate 9-acre site located on Grand Highway south of the intersection with Mohawk Road where they propose to locate a 14-screen theater, a commercial building and a 1.3 acre out-parcel. Mayor Turville stated that the request requires that a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Charles Sharkus Joe Zagame Herb Smith Russ Salamo Douglas Layman Edward Freeman Joy England 541 S.W. Timber Trail, Stewart, Florida 10360 Lake Louisa Road, Clermont 16706 Tequesta Trail, Clermont 3861 N. Lake Orlando Parkway, Orlando 1130 E. Plant Street, Winter Garden 206 Pleasant Hill Drive, Clermont 772 Oak Drive, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 6 Douglas Dayman stated that the owners have agreed to extensive improvements to Grand Highway including a mm lane for the entire frontage, additional landscaping area in front with rolling berms and increased tree size and number of trees. He stated they are also agreeable to re'serving 10' front right-of-way for the future widening of Grand Highway, however he wanted the City attorney's position of dedicating rather than reserving the 10'. Principal Planner Brown stated that a new site plan was brought in yesterday which moved the out-parcel. He stated that Condition #5 should state that at the time of development of the project on the northwest comer of Hunt Street and Grand Highway or at the time Phase 2 is developed, the permittee or developer shall construct Hunt Street not to exceed 20' beyond the project from the southern entrance. Also, Condition #7 should state that prior to construction Plan approval, the permittee/developer will be required to dedicate additional right-of-way to total 40' or right-of-way from the centefline of the existing right-of-way. City Manager Saunders stated that Condition #5 should state a minimum of 20' beyond the entrance of Hunt Street. Douglas Layman objected to the recommended changes to #5 and #7. He stated that the furniture store on the north property line generates very low traffic. He stated when the out-parcel or Phase 2 is developed, then the improvements should be made to Hunt Street. He stated that moving the furniture store from one comer to the other would not increase traffic and constructing Hunt Street is very expensive. Joe Zagame stated he supports the project and that it will be a benefit to the community. He stated that the traffic study should be taken seriously since it was required. Charles Sharkus stated he owns .10 acres across the street from the project which he plans to develop as residential in the future. He strongly questions the location of the theater on the site. He also asked if the theater will show x-rated films. Principal Planner Brown stated that adult entertainment is excluded. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 7 Herb Smith stated he is for the project and felt it was appropriate for the area since most of the property surrounding it is commercial. Joy England stated she didn't understand why there is less problem with traffic in this location for a movie than the Wal-Mart project at the Highway 50/U.S. 27 area. Principal Planner Brown stated that two access points are needed from Grand Highway. The entrance at the north of the property would not benefit the properties to the north. City Manager Saunders stated that Hunt Street needs to be one of the two access points if the furniture store is on the comer. 99-094 ,4 motion was made by Council Member Lamb, seconded bp Council Member Wolfe, and carried unanimousl? by roll call vote to adopt Resolution 1061 amending Conditions #5 and #7 as recommended b? staff. NEW BUSINESS Plat Approval - Amanda's Place City Manager Saunders stated that Amanda's Place is actually a re-plat of Lots 25 to 28- A located at the comer of Laurel Street and Sunnyside Drive. He stated that this parcel was originally approved as a Conditional Use Permit for multi-family, however, the owner has decided to re-plat the property into single-family plots. City Manager Saunders stated that the plat has been reviewed and meets the requirements for recording and is recommended for approval. 99-095 .4 motion was made bp Council Member Biddle, seconded b_F Council Member Brown, and carried unanimously to approve the final plat of .4manda ' s Place. A 10-minute recess was taken at.this time (from 9:30 to 9:40 p.m.) CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 8 Bid Award - Lawn Tractor City Manager Saunders stated that two lawn tractors are included in this year's budget and he recommended purchasing the two tractors from the Orange County Public School bid contract. He stated that by piggy-backing on this contract we can purchase the mowers for $5,435.28 each which is a savings over other quotes that we have been provided by other suppliers for similar equipment. 99-096 A motion was made by Council Member Wolfe, seconded by Council Biddle, and carried unanimously to purchase the t~o lawn tractors_from the Orange CounN Public School bid in the amount of $5,435.28 each. Bid Award - Squad truck/pumper City Manager Saunders stated that five bids were received for the fire track that is included in this year's budget. He stated that only two of the bidders provided bids for · the track that was specified and the two bidders that did provide bids were well above the budgeted amount of $130,000, with the low bid was $172,237. He and Chief Bishop . reviewed these bids and recommend rejection of all bids and would like to re-advertise this equipment in hopes of obtaining a better quote or possibly additional bidders. 99-097 ,4 motion was made bp Council Member Brown, seconded by Council Member Biddle, and carried unanimous!¥ to reject all bids and re-bid for the fire department squad truck/pumper. Evaluation and Appraisal Report Amendment Principal Planner Brown stated that the plan amendment contains changes to the text and maps of the Comprehensive Plan for the City. He stated that the purpose of the amendment is to recognize the annexation of 2,367.3 acres of property taken into the City between February, 1996 and March, 1998 and to assign land use designations to the properties. He explained that two new land use classifications for two mixed-use CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 9 projects (Kings Ridge DR/and Lost Lake Reserve) projects are included. He stated that to create the two new land use districts and to revise land use district language, the designations UD-7 and UD-9 have been added and the list of permitted uses has been revised for UD-2. He stated that the undeveloped dislrict UD-9 is the land use district for the Lost Lake Reserve project as shown in Appendix "C". Mr. Brown reviewed Appendix A for Undeveloped District 2, (UD-2) and Undeveloped District 7, (UD-7). He next reviewed Appendix B, transportation. This document includes everything from 1995 plus any additions. Appendix C, the Lost Lake UD-9 project was reviewed by Bob Whidden ofR. J. Whidden and Associates. Mr. Whidden stated that the property was previously owned by Mr. Roper who had entered into a Developer's Agreement with the City. He explained that there are two roads into the property which may have a considerable amount of traffic, i.e. Johns Lake Road and Citrus Tower Boulevard. He requested a review of the language to include "unless otherwise approved by the City Council" in the town center language. He stated that adding the language will eliminate the need for DCA approval. Elaine Renick asked for an explanation of why DCA will allow adding single-family, but will not allow eliminating multi-family from any of the classifications. Principal Planner Brown stated that changes of this kind will be included in the Comprehensive Plan amendment this fall. Susy Gibson asked about equal treatment with the 100,000 square feet ordinance. Mayor Turville explained the process required of the Department of Community Affairs and that they would be at a disadvantage. City Manager stated that the variance process can be mentioned in the Conditional Use Permit information. 99-09~ motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimous!¥ to approve the Evaluation and Appraisal Report for submittal to the Department of Communi~ Affairs, including the variance process for the 100, 000 square.foot limitation in UD-9. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 10 Water Restrictions City Manager Saunders stated that the St. Johns Water Authority recently met and decided not to impose water restrictions at this time. He stated they will review the water shortage situation again at their May meeting. They recommend no watering take place between 10:00 a.m. and 4:00 p.m. and watering only twice a week. Nancy Fullerton reported that Minneola just passed restrictions of 7:00 a.m. to 7:00 p.m. and every other day with no watering on Sunday. Mayor Turville suggested placing water restrictions on the agenda at a future meeting. AUDIENCE COMMENTS Noise Ordinance Request Mr. Riley complained of boom boxes and the excessive noise. He asked that a noise ordinance be reviewed. He also suggested that liens be placed on those people at fault where the fire and police departments are required. Little League Requests Matt Modica stated that quite a few dogs are frequenting the ball field area. He also suggested placing shaded mesh where the balls are hit. Grading Concerns Matt Modica stated he was still concerned with the grading east of town. Elaine Renick stated that the Planning and Zoning Commission wants to increase the landscaping requirements and asked that they be discussed at the next Workshop. She stated that they also want to .consider a grading and leveling ordinance. City Manager CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1999 Page 11 Saunders stated that a long list of Land Development Regulation changes need to be reviewed and amended, requiring a Planning and Zoning workshop. There being no further business or discussion, the meeting adjourned at 11:05 a.m. Harold S. ~urville, Jr. Mayor Attest: J~seph E. Vat. e, City Clerk