05-27-1986 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 27, 1986
A Regular Meeting of the City Council of the City of Clermont was
held on Tuesday, May 27, 1986 in the Council Chambers. 'The meeting
was called to order by Mayor Pool at 7:30 p.m. with the following
Council Members in attendance: Mayor Pro Tem Turville, Council
Member Huff, Council Member Dupee and Council Member Cole. Other
City Officials present were City Manager Saunders, Finance Director
Van Zile, City Planner Perlick and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the May 13, 1986 Meeting were approved as amended
by Council Member Dupee to change the wording in the first sentence
in paragraph nine on page three to read: "Council Member Dupee
questioned the buffer on the west side of the shopping center, between
Highway 50 and Broome Street".
REPORTS
CITY MANAGER'S REPORT
PARKS AND RECREATION COMMISSION
City Manager Saunders explained that the Parks and Recreation
Commission, had requested appointement of two new members to the Com-
mission, Wanda Oliver and Ed Rider.
Yearly appointments to the Parks and Recreation Commission are made
by the Mayor. Mayor Pool appointed Ms. Oliver and Mr. Rider to the
Commission.
COUNCIL MEMBER DUPEE'S REPORT
PRESS CONFERENCE TAVARES CITY HALL
Council Member Dupee reported that she had received a call from
Richard Swartz, President of Lake County League of Cities, concerning
a press conference being held at 11:00 a.m. on Friday, May 30, 1986,
at the Tavares City Hall. The press conference is being called to
discuss the Department of Environmental Regulation's proposed G-l
Aquifer Rule which would protect the area around large drinking water
wells, wells that pump more than 100,000 gallons per day, and to pre-
vent those wells from becoming contaminated. Mrs. Dupee urged the
Council Members to attend this important meeting.
COUNCIL MEMBER TURVILLE'S REPORT
PARKING AT THE HIGH SCHOOL
Council Member Turville expressed his concern about parking at the
High School, stating that the students were parking allover and
up and down East Avenue. City Manager Saunders stated that he
would contact the principal concerning using the parking lot behind
the football field.
VISITORS WITH BUSINESS
DENNIS CANNON - REQUEST FOR REIMBURSEMENT OF APPRAISAL FEE
Dennis Cannon appeared before Council representing the residents
living along Lake Winona from Settle Street to Margaree Gardens,
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 27, 1986
Page -2-
and requested that the $1,000 they paid for an appraisal in late
1985 be reimbursed to them.
During the September 10, 1985 Council Meeting, these same residents
had requested to purchase from the City a strip of lakefront property
across the street from their homes. At that time they offered the
City $24,000 for the property. After much discussion concerning
this request, the property owners were asked to pay for an appraisal
to establish a value for the property, which they agreed to do. The
appraisal was obtained and paid for by the residents at a cost of
$1,000. At the October 22, 1985 Council Meeting, it was decided,
after much discussion, not to declare the property surplus.
City Manager Saunders explained the City's position in this matter,
and stated that the residents had the impression that the City would
definitely sell the property to them after an appraisal was obtained.
However, the actual motion made and passed at the September 10, 1985
meeting was directing staff to prepare a resolution to declare the
property surplus to be presented at a later date.
Mayor Pool stated that he did not want to give the $1,000 back to
the residents, but would instead, like use the money to beautify
the area.
Dennis Cannon stated that they had obtained the appraisal in good
faith, and would like to have the money back. However, he would
go along with the beautification, in lieu of the money, but could
not speak for the other residents.
Council Member Huff stated that he believed the property owners
were under the impression the City would sell the property to
them, and perhaps the whole process had not been adequately
explained to them.
Mrs. Roy Heilscher, one of the upland property owners, stated that
she felt they "had been taken" by the City and wanted the money
returned.
Cecil Smart, who was present in the audience, stated that at the
time of the request he was opposed to the sale. He stated that
he felt the Council did give the impression that the property
was for sale. He further stated that he was opposed to the refund
and the beautification project too. If such a project was undertaken,
he believed that the same thing should be done for all the lakes in
Clermont.
86-l05Council Member Turville stated that he agreed with Mr. Smart, concern-
ing not refunding the money, and A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, NOT TO REIMBURSE THE $1,000 AND TO GO AHEAD WITH THE BEAUTI-
FICATION PROJECT AS QUICKLY AS POSSIBLE.
This motion died for lack of a second.
86-l06After 'some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO
VOTE, WITH MAYOR POOL AND MAYOR PRO TEM TURVILLE VOTING NAY, TO GIVE
A REBATE OF $1,000 TO THE UPLAND PROPERTY OWNERS.
It was the consensus of Council to explain such matters in greater
detail in the future, so there would be no misunderstandings.
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May 27, 1986
Page -3-
FINAL READING OF ORDINANCE 178-M - REZONING OF CERTAIN PROPERTIES
TO CONFORM WITH THE ADOPTED COMPREHENSIVE PLAN/FUTURE LAND USE MAP
Mayor Pool explained that this would be the final reading for
adoption of Ordinance l78-M, and asked that everyone who wished
to speak would limit themselves to five minutes. It was the
consensus of the Council to vote on each Item in the ordinance
as the meeting progressed.
Item #1 - Hillside Terrace Subdivision
Dennis Horton, who owns three townhouses in the subdivision, stated
that he had already expressed his comments against the proposed re-
zoning during the May 13, 1986 Counc'il Meeting, but that he would
briefly reiterate his position. Mr, Horton stated that:
1. He objected to the Comprehensive Plan to begin with because
of the lack of public participation when it was written.
2. He felt the City should back up and start over in preparing
the Comprehensive Plan.
3. The "down zoning" of his property was taking away value.
4. The rezoning of his property was creating a non-conforming
use on property which was already fully developed. If more
than 51% of the property was destroyed then it could not be
rebuilt.
5, He felt a new zone should be created to solve the density
problem in this particular case.
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Steve Richey also spoke against the proposed rezoning and asked
that the Council avoid creating non-conforming uses, which he
pointed out was a part of the Comprehensive Planning Act. He
further stated that he did not believe it was fair to the prop-
erty owner to become non-conforming and then be at the political
whims of the Council if they needed to rebuild or expand their
property.
At this point in the meeting, the Mayor read letters from Mr.
and Mrs. Spinogle and Mr. and Mrs. Kelly favoring a zoning change
of the area from R-3 to R-l.
Lawson Wolfe, who owns a condominium in the subdivision, stated
that he did not want to become a non-conforming use, and wished
the zoning to be left R-3.
City Manager Saunders then explained the difference between a
non-conforming use and a conditional use. He stated that if the
property is now developed at 8 units per acre, as previously
indicated by Mr. Horton, it is conforming and would be affected
by the ordinance regarding 'non-conforming uses. It would be a
conditional use requiring a Conditional Use Permit under R-2
zoning. Developments other than single family homes or duplexes
are conditional uses in R-2 zones, not non-conforming.
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May 27, 1986
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Council Member Huff asked if all the units ,burned down,'how
many could be reconstructed? City Manager Saunders stated they
all could be rebuilt with a Conditional Use Permit.
Council Member Dupee stated that maybe the Residential in the
R-3 zone should be split from the Professional in the R-3 zone.
Council Members Huff and Dupee concurred that other zoning classi-
fications should be considered.
Mayor Pool stated that if they have the proper acreage, then they
conform.
86-l0~ MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL
MEMBER DUPEE TO REZONE HILLSIDE TERRACE SUBDIVISION R-2.
After determining that this was not the procedure to follow, the
second and motion were withdrawn and Item #1 was left in the
ordinance as written.
ITEM #2 - SUNSET HEIGHTS (BELL CERAMICS' PROPERTY)
Richard Bell, one of the owners of Bell Ceramics, cited the following
reasons for opposing the proposed rezoning:
1. He has been located there for over twenty years and the
property has been devalued before (rezoned previously) and
he doesn't want it to be devalued again.
2. It's too costly to move and the rezoning would make it
more difficult to do so.
3. No changes have been made in the surrounding area.
4. He could not understand how the Council could justify
the R-2 zoning classification for his property.
Jay Vander Meer, who
he believed that you
density is lowered.
periences in dealing
was present in the audience, stated that
take away a person's rights and value when
Mr. Vander Meer then reviewed his past ex-
with rezoning much of the City.
Mr, Bell reitereated that he believed that the rezoning would
devalue his property.
City Manager Saunders pointed out that the property under the
R-3 use was already non-conforming, and that the rezoning to R-2
would only change the density for future residential development.
Council Member Huff stated that by today's standards, lakefront
property is not a manufacturing area. The lower density will
hurt Mr. Bell with a potential developer because the density is
being changed from twelve to eight units per acre.
Council Member Turville stated that if Bell Ceramics does leave
the property, the City does not want the area developed with
manufacturing or professional offices. The City wants an eight
units per acre residential development.
It was the consensus of Council to leave Item #2 in the ordinance
as written.
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May 27, 1986
Page -5-
ITEMS 113 AND 114
Item 113
Attorney Steve Richey, owner of the Clermont Sands, appeared
before Council to express his view on the proposed rezoning
of his property. He stated that he had found it offensive
to find out his property had been "rezoned" when the Compre-
hensive Plan was adopted and he had not been personally
notified of the change.
He further stated that Tracts 2 and 3 should be left a higher
density (they are 'now 10 units per acre) because under the
proposed rezoning they would become non-conforming with the
density of 8 units per acre which would cause him to default
on his mortgage.
Mayor Pool stated that Items #3 and #4 had been discussed at
a recent workshop, and asked City Manager Saunders to explain
the discussion.
City Manager Saunders stated that Items #3 and #4, which are
adjacent properties,' should be considered together. He recommended
that the properties not be rezoned at this time and a a new district
(as far as the Comprehensive Plan is concerned) considered which
would iclude this property and some of the adjacent property.
86-l0~fter some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO DELETE ITEM #3 FROM ORDINANCE 178-M.
Item 114
Attorney Steve Richey, representing Tony Hubbard, owner of the Hill-
topper Development, stated that if his client's property is rezoned
R-2, he would not be able to build four additional units he had
planned. He stated that this was not fair to Mr. Hubbard.
H. Clifton Bailey stated that he held the same position as stated
during the May 13, 1986 Council Meeting and wished to have both
of his parcels of property zoned the same as Mr. Richey's.
86-l0~ MOTION WAS MADE BY COUNCIL MEMBR HUFF, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO DELETE ITEM #4
FROM ORDINANCE 178-M.
ITEM 115
Carle Bishop, a property owner in the area of the proposed rezoning,
stated that he would like to keep his property zoned R-3. The Clay
Townhouses built in the area have not caused any problems associated
with high density, and in fact, had helped increase the value of his
property. He also questioned the validity of a petition which was
presented to the Council during the May 13th meeting, requesting
that the area be rezoned R-l, when most of the petitioners were not
property owners in the immediate area.
Attorney Dennis Horton, representing Milton Kuharske, an owner of
property in the area to be rezoned, reiterated his position from the
May 13, 1986 Council Meeting. He stated that he objected to the
proposed rezoning for the following reasons:
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May 27, 1986
Page -6-
1. Lack of notification of the rezoning of the property. The
allowable density on the property had gone from 16 to 12,
and now 8 units per acre.
2. Value of the property being taken away by the lowering
of the density.
3. The townhouses have added value to the area, the property
is close to Highway 50 and commercially zoned property and
should remain R-3.
4. He did not want to have to come before Council every time
to ask for a Conditional Use Permit to do something with
the property.
R.M. Frye stated that he would like the property to be rezoned to
R-l instead of R-2 as proposed. He wanted neither high density
residential development nor professional buildings in the area.
John "Doc" Jones and Mary Hill both wanted the area to be rezoned
R-l, instead of the proposed R-2. They stated that they lived in
in the area and did not want it to become overcrowded like New York.
Cecil Wright and George Mayfield both stated that they wished
the property to remain R-3.
It was suggested that ,the area be divided into various zones because
of the different characteristics of the properties in the area.
Carle Bishop and Dennis Horton both expressed their dislike for
having to obtain a Conditional Use Permit, and stated that they
wanted the area to remain R-3, Mr. Horton suggested that Item
115 be tabled.
Jean Bettencourt, who also represented Mr. Kuharske, stated that
she wanted it to remain R-3 because Mr. Kuharske had plans to
develop the property with the higher density.
Much discussion ensued concerning these requests. It was suggested
that a workshop be held with the lot owners and City Staff to pursue
a different zoning classification based upon Staff recommendations.
City Manager Saunders stated that the property could be rezoned
R-2 now, then rezoned at a later date to R-3-A or whatever classifi-
cation was chosen, but that the R-2 zoning is a step in the right
direction and recommended the rezoning to R-2 at this time.
It was the consensus of Council to leave Item #5 in the ordinance
as written.
At this point in the meeting a recess was called by Mayor Pool. The
Meeting reconvened at 10:10 p.m.
ITEM 116
Nick Jones appeared before Council and stated that his request was
the same as the one made during the May 13, 1986 meeting. The
proposed rezoning had placed his studio had on a 50 foot lot, and
his other lots in a different zoning classification. Mr. Jones
stated that he felt the dividing line between the zoning classifi-
cations should be the south boundary line of his property.
As before, Mr. Jones stated that he believed greater control had
been placed on R-3 properties in the City than R-2, and that if
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 27, 1986
Page -7-
left R-3, it would continue to be that way. Mr. Jones then read
a letter to Council listing his reasons for changing the zoning.
(A copy of the letter is attached and made part of this official
record).
Much discussion ensued concerning Mr. Jones property and the
zoning which allows professional offices. City Manager Saunders
stated that Mr. Jones' property had been discussed in great
detail during the May 21, 1986 Workshop Meeting, and that it was
a staff recommendation that his three lots should remain together
in the R-3 district.
86-llm MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO DELETE
LOTS 20 & 21, BLOCK 7 FROM ORDINANCE 178-M.
ITEM 117
George Hovis, Attorney for Mr. Phil Windheim, appeared before
Council to request that the Council proceed with the proposed
rezoning of Mr, Windheim's property.
It was pointed out that Mr. Windheim was the fjrst person in
Clermont to go through the Comprehensive Plan amendment procedure,
and the process had worked for him.
It was the consensus of Council to leave Item #7 in the ordinance
as written.
ITEM 118
Jay Vander Meer, who owns property in the area of the lots in
question, stated that at one time the owner wished to make an
apartment complex on the property and it should remain in the
C-2 zone.
City Manager Saunders stated that Lot 6, was a long lot running
north and south bounded by R-IA property, and Lot 7 was bounded
by residential and commercial property. An R-2 zoning classi-
fication is the proper designation because of the R-IA and R-2
property.
A letter from the owners of the affected lots, Mr. and Mrs. Nick
Pacelli, was read requesting that the zoning remain ,C-2 General
Commercial.
Harold Roberts, a local realtor, stated that he favored the C-2
zoning classification to Magnolia Street because it would give
more depth for Highway 50 development.
Council Member Huff stated that he believed the trend in the
area for future development was commercial, not residential.
Council Member Turville stated that he did not favor this
because it would pull commercial development deeper into the
residential area.
Dennis Horton and Cecil Smart both stated that they favored
the commercial zoning.
Much discussion ensued regarding the
commercial development in the area.
Director of Planning, stated that it
decide what type of development they
pros and cons of allowing
Dean Perlick, the City's
was up to the Council to
wanted on Highway 50.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 27, 1986
Page -8-
Council Member Turville stated that he believed that you should
consider the worst possible utilization of a parcel of property
before any changes are made.
86-ll~ MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER COLE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE, WITH
COUNCIL MEMBER TURVILLE VOTING NAY, TO DELETE ITEM #8 FROM
ORDINANCE l78-M.
There being no more discussion concerning the proposed ordinance,
86-ll~ MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER DUPEE AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO ADOPT
ORDINANCE 178-M AS AMENDED BY DELETING ITEMS 3, 4, AND 8 AND
LOTS 20 AND 21, BLOCK 7, SUNNYSIDE UNIT IN ITEM 6. THE ORDINANCE
WAS READ IN ITS ENTIRETY BY MAYOR POOL.
NEW BUSINESS
OFFICIAL COUNCIL STATEMENT TO THE LAKE COUNTY BOARD OF COMMISSIONERS
REGARDING DEVELOPMENT OF PROPERTY IN THE AREA SURROUNDING CLERMONT
Discussion and consideration of this matter was tabled until after
the meeting with County Administrator Willett and County Planner
Annas on Friday, May 30, 1986 at 1:30 p.m. Discussion at this
meeting will include a 'possible inter local agreement between the
City and County which would define our "areas of concern" and give
the City an opportunity to review and make recommendations to the
County Commission prior to any action by the County regarding all
development in the City's designated "area of concern".
There being no further business or discussion, the meeting adjourned
at 11:30 p.m.
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Robert A. Pool, Mayor
Attest: