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
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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
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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
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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
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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
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REGULAR COUNCIL MEETING
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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
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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
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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
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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
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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