05-13-1986 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 13, 1986
The Regular Meeting of the Clermont City Council was he~d on
Tuesday, May 13, 1986 in the Council Chambers. The meeting was
called to order at 7:30 p.m. by Mayor Pool with the following
Council Members in attendance: Mayor Pro Tem Turville, Council
Member Cole, Council Member Dupee and Council Member Huff. Other
City Officials present were City Manager Saunders, City Attorney
Baird, Finance Director Van Zile 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 April 22, 1986 Regular Council Meeting were
approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
FUTURE EVENTS
It was reported that the Chamber of Commerce Luncheon would be
held at noon on Friday, May 16th. The Lake County League of
Cities Luncheon would be held on the same day and time at the
Waterfront Restaurant in Tavares. On the evening of the 16th,
the Lake County Economic Development Council Banquet will be
held at the Silver Lake Country Club in Leesburg.
RABIES ALERT
It was reported that a rabies alert was still in effect in
South Lake County. Any animals running at large will be picked
up, vaccinated, and held for their owners to pick up.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee reported that she had attended the recent
meeting of the East Central Florida Regional Planning Council
with the topic of discussion being "How Much Water?"
COUNTY REZONING OF PROPERTY NEAR THE EAST WEST INDUSTRIAL PARK
It was reported that the planned hearing before the Lake County
Board of Commissioners concerning the proposed rezoning of 85
acres of land near the East West Industrial Park from Industrial
to Mobile Home Park had been postponed. Council Member Dupee
asked if the Council would like to make a comment concerning the
request. It was the consensus of Council to make this an agenda
item for the May 27, 1986 Council Meeting.
RESOLUTION NO. 527
HECTOR FERNANDEZ - REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT
A 3,840 SQUARE FOOT, FIVE UNIT RETAIL SALES BUILDING
Bob Thompson, representing Hector Fernandez, the applicant, appeared
before Council to request a Conditional Use Permit to construct a
3,840 square foot Retail/Professional Building on Highway 50 west of
and adjacent to the Lake Abstract property.
The Planning and Zoning Commission at their May 6, 1986 meeting unani-
mously (with Bob Thompson declaring a conflict of interest and abstain-
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ing) recommended approval of the C.U.P. with the stated conditions.
Condition #5 was amended to state that the property may be used as a,
retail or professional building.
Council Member Turville expressed his concern that one business, such
as a convenience store, could go into the building with the setbacks
previously granted to the property, and this could cause problems.
The Council previously granted variances to the rear yard of 17' and
east side yard setback of 8' on the basis of the use being professional
offices.
City Manager Saunders suggested that a condition could be added to the
Conditional Use Permit which would eliminate this problem.
Council Member Huff stated that the City could not deny a retail business
from using the building, but concurred with Mr. Turville that the whole
building should not be available for a single use.
Mr. Turley, an adjacent property owner, expressed his concern that if
retail businesses were allowed in the building that stayed open late
at night, the headlights from the traffic would shine in his home.
Mr. Turley was assured that this would not be a problem because a buffer
preventing this would be required under the City's Landscape Ordinance.
86-097After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT RESOLUTION NO. 527, AS AMENDED, BY THE ADDITION OF
CONDITION #10 STATING THAT THE PROPERTY MAY BE DEVELOPED AND UTILIZED
WITH A MINIMUM OF TWO AND A MAXIMUM OF FIVE RETAIL UNITS AND AS AMENDED
BY THE ADDITION OF "A VARIANCE IS GRANTED FOR THE REAR YARD SETBACK OF
17' AND THE SIDE YARD SETBACK OF 8 FEET IN CONDITION #4. VOTING WAS
AS FOLLOWS: COUNCIL MEMBERS DUPEE, HUFF, TURVILLE AND COLE, AYE AND
MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 528
HECTOR FERNANDEZ - REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A
3,200 SQUARE FOOT, FOUR UNIT PROFESSIONAL /RETAIL SALES BUILDING
Joe Washuta, who represented Mr. Fernandez, appeared before Council
to request a Conditional Use Permit to construct a 3,200 square foot
Retail/Professional Building on Highway 50 east of and adjacent to
Bolton Auto Sales. The request included a variance to the 12' required
side yard on the west to 8'. Although a 4000 square foot building
could have been constructed on the site, Mr. Washuta stated that'Mr.
Fernandez wishes to limit it to four 800 square foot offices.
City Manager Saunders pointed out that no hardship exists, and that
no variance to the setback requirement should be granted. Council
Member Turville stated that he agreed with the City Manager.
It was reported that Planning and Zoning Commission unanimously recom-
mended approval of the C.U.P. with the stated conditions. No one from
the audience spoke for or against the proposed project.
86-098After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 528 GRANTING A CONDI-
TIONAL USE PERMIT FOR THE CONSTRUCTION OF A 3,200 SQUARE FOOT
OFFICE BUILDING WITH ALL SETBACK REQUIREMENTS BEING MET. VOTING
WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, HUFF, COLE AND TURVILLE,
AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
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THOMAS E. SMITH AND KEVIN T. ROBERTS - REQUEST FOR A CONDITIONAL
USE PERMIT TO CONSTRUCT A 40,000+ SQUARE FOOT SHOPPING CENTER
City Manager Saunders explained that the applicants are requesting
a Conditional Use Permit to construct a 40,000+ square foot shopping
center on the southwest corner of Highway 50 and Twelfth Street. He
continued by stating that Condition #11 of the C.U.P. was included to
provide maximum screening of the center from the residential area to
the south. Either a decorative wall with landscaping could be con-
structed, or as an alternative a 3 - 4 foot berm with solid landscaping
planted on top. If the City allows the berm to be built, Condition
#11 would have to be amended to allow the use of City right-of-way for
the construction.
It was reported that the Planning and Zoning Commission recommended
approval of the C.U.P. with the stated conditions. The vote was unani-
mous with Jack Sargent abstaining from voting because of a conflict of
interest.
Mr. John Hause, Architect for the project, presented the Council an
amended site plan showing that the entrance to the shopping cente,r
had been moved approximately 80' to the east, and that a deceleration
lane had been installed.
In looking at the new site plan, Council Member Turville questioned
the fact that no provision had been made for pedestrian traffic from
Emerald Lakes Mobile Home Park to the shopping center.
Don Smith, Karen Kelly, and Nilsa Whitehead all spoke in favor of
running the sidewalk the full length of the development, as did City
Manager Saunders, Council Member Cole, and Council Member Dupee.
Mr. Hause state that a raised sidewalk did run along the back of
the building. However, it was pointed out that delivery trucks
could block this sidewalk and pedestrians would have to walk in
the street to avoid them.
Byron Banks, Director of Marketing for General Homes of Dade City,
stated that they would be willing to go along with the requirement
of running the sidewalk the full length, but would prefer to put it
in only to the first driveway.
Alberta Ferris expressed her concern about walking from the'main
shopping center to the bank. Mr. Hause stated that a painted
crosswalk c'ould be added to distinguish the pedestrian area.
Buddy Rogers suggested a speed bumb could be added for pedestrian
safety.
Council Member Dupee questioned the buffer on the west side of the
shopping center, between Highway 50 and Broome Street. Mr. Hause
stated that he could not give a final answer at this time, but that
the trash areas would be enclosed and the buffer would be some type
of a combination of a hedge and wall. Council Member Dupee stated
that she would like a solid buffer on the west side, and would like
to make that a condition.
J6-09~fter some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 529, AS AMENDED, TO INCLUDE
IN CONDITION #11 THAT A PART OF THE CITY RIGHT-OF-WAY ON BROOME STREET
MAY BE UTILIZED FOR BERMING , SUBJECT TO SITE PLAN APPROVAL, AND TO
ADD CONDITIONS 17 AND 18, STATING THAT A SIDEWALK WILL BE CONSTRUCTED
THE LENGTH OF THE PROPERTY ON BROOME STREET AND THAT A FIVE FOOT WIDE
CONTINUOUS BUFFER SHALL BE PLANTED ALONG THE ENTIRE LENGTH OF THE WEST
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PROPERTY LINE FOR THE CONSTRUCTION OF A 40,000 SQUARE FOOT SHOPPING
CENTER. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, DUPEE
AND HUFF, AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE
ONLY.
UNFINISHED BUSINESS
TRAFFIC SIGNAL AGREEMENT
City Manager Saunders explained that the City Council at their
January 28, 1986 Meeting had approved an amended Traffic Signal
Agreement between the City and the Department of Transportation.
The agreement was submitted to the DOT for approval, and they
have reviewed the agreement, made some minor amendments and are
now request Council approval of the new agreement.
Mayor Pool asked City Attorney Baird if the agreement appeared
to be in order and he stated that it was.
Some discussion ensued concerning the control box at the corner
of Highway 50 and Fifth Street. Mayor Pool stated that'due to
the number of times the box had been damaged that it should be
moved to a different location. City Manager Saunders stated
that it would cost approximately $7,000 to move the control
box. Council Member Cole asked if the State would pay half of
the costs to move it, City Manager Saunders stated that we
could try to obtain their assistance.
It was reported that Public Works Director Smythe had recommended
approval of the revised agreement. In the past a separate agreement
had been required on each traffic signal. The new Master Agreement
covers all existing signals and future installations.
86-l00A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE MASTER TRAFFIC
SIGNAL AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION.
RESOLUTION NO. 526 - REVOCATION OF RESOLUTION NO. 453 GRANTING A
CONDITIONAL USE PERMIT FOR HILLSIDE VILLAS PLANNED UNIT DEVELOPMENT
It was reported that the City Council at the meeting held April 22nd
had directed City Attorney Baird to prepare a Resolution for the
revocation of the Conditional Use Permit which was granted to Initial
Capital Outlay, Inc. for the construction of 92 condominium units on
Grand Highway.
City Manager Saunders recapped the events leading up to the proposed
Resolution No. 526, and stated that as of today, at 5:15 p.m., the
City had received its $30,000 check from the developer which would
be held in escrow by the City Attorney until such time as Grand High-
way was satisfactorily repaired.
City Attorney Baird advised that this matter would have to be tabled
. in order for the proposed Resolution to be heard first by the Planning
and Zoning Commission, with a recommendation then being made to Council.
36-l0lAfter a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE
RESOLUTION NO. 526.
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May 13, 1986
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BID AWARD - ASPHALT REJUVENATING AGENT
It was explained that the City had advertised and accepted bids for
the application of Reclaimite, an asphalt rejuvenating agent, to
approximately 1/5 of the City's streets.
Only one bid was received from Pavement Technology of Central Florida
in the amount of $00.35 per square yard or a total of $36,050. Public
Works Director Smythe has recommended approval of this bid.
City Manager Saunders explained that the City had obtained costs for
the necessary equipment to apply Reclaimite, andd the minimum equipment
needed would cost approximately $100,000. Most of the equipment, with
the exception of the truck, would be used only once a year, and the
volume of work to be undertaken would not justify the capital outlay
expenditure.
86-l02A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER
HUFF AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF PAVEMENT TECHNOLOGY
OF CENTRAL FLORIDA IN THE AMOUNT OF $36,050.
INTRODUCTION OF ORDINANCE 178-M
Mayor Pool explained that Ordinance 178-M would rezone the listed
properties to bring them into conformance with the adopted Compre-
hensive Plan and Future Land Use Map.
It was reported that the Planning' and Zoning Commission made no
recommendations, but tabled the item at their May 6, 1986 meeting.
After hearing complaints from a few property owners who stated that
their property was being devalued by the proposed rezonings, it was
the attitude of some of the P & Z Members that the City Council should
reconsider the entire Land Use Map.
City Manager Saunders explained that the ERD-7 District requires a
lesser density, so various properties need to be rezoned to meet
this requirement. It was further stated that the Ordinance should
be introduced and then adopted at the May 27th meeting. At that
time, if a property owner should disagree with the treatment of his
property, a request for an amendment to the plan can be made.
86-l03At this time, A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED
BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE l78-M.
Mayor Pool then opened the floor to public discussion of the proposed
rezonings.
I TEM III
The first item discussed was the proposed rezoning of Hillside
Terrace Subdivision from R-3 Residential/Professional to R-2
Medium Density Residential.
Steve Richey, Attorney at Law and property owner, began by giving a
history of the State's Comprehensive Planning Act which was implemented
in 1975. During the preceeding years, various extensions have been
granted for compliance (adopting a Comprehensive Plan), the latest being
December 1. 1989. Mr. Richey maintained that the City could not act on
the proposed rezonings lowering density ("down zoning") because the
Department of Community Affairs had not adopted a set of criteria or
standards for this procedure. He further stated that he felt the City
'should slow down and wait for the State to adopt the criteria.
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Dennis Horton, Attorney at Law and property owner, stated that he felt
the City rushed into its Comprehensive Plan adoption. He stated that
the proposed rezonings were "down zoning", and this depreciates property
value. He further stated that when a person buys a piece of property,
wi th it comes an inherent "bundle of rights", ,and the proposed rezoning
would eliminate some 'of these rights.
Mr. Horton continued by stating that he did not think it was fair for
a person to have to pay $50 for an amendment to the Comprehensive Plan
to get back something that should not have been taken away in the first
place. He also stated that the property in question was already fully
developed, and the rezoning would make it a non-conforming use which
would mean that if 51% of the structure was damaged in a fire, it could
not be rebuilt. Mr. Horton then requested that the matter be tabled.
Lawson Wolfe who owns five pieces of property, three of which are
adversely affected, stated that his forty year old business, Clermont
Builders Supply, cannot expand at its present location under the
current plan.
It was the consensus of these three gentlemen that they were not
adequately notified in 1985 of the pending and eventual adoption
of the Comprehensive Plan in August of 1985.
O.K. Armstrong, representing Gene Langley, stated that the trend
to lower density concerns him. He urged the Council to take time
with its decisions, and to not "down zone" the property.
John Spinogle and Nita Edington (Mrs. John Spinogle) who own
Lots 90-96 on Drew Avenue both expressed their concern for the
deteriorating conditions of the townhouses and condominiums due
to absentee landlords. They asked that the property be rezoned
from R-3 to R-l.
Jay Vander Meer stated that he wanted to go back to the original
zoning and wait until 1989 before any decisions are made concerning
the Comprehensive Plan. He recommended slowly changing the plan
with lots of input from the citizens of Clermont.
At this point Steve Richey asked who initiated the proposed rezonings
and on what standards they were based. City Manager Saunders stated
that the proposed rezonings were recommended by the City Staff to
bring the properties into compliance with the adopted Comprehensive
Plan.
Mr. Richey concluded by stating that the potential harm has not been
realized in the ca~e of Mr. Wolfe's property because he cannot re-
build if the business burns down.
Cecil Smart stated that he did not favor "down zoning" because he
believed it to be unconstitutional.
Council Member Huff expressed his concern about creating non-conforming
uses and stated that maybe the Council should listen to the people and
not proceed too quickly.
Council Member Turville stated that he disagreed and that the City
would get no where by stalling. He further stated that no matter
what was done, the City would not be able to please everyone, but
those who are not satisfied do have vehicles to change the rezonings.
A recess was called by Mayor Pool and the meeting reconvened at
approximately 10:20 p.m.
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At this point in the meeting, the Mayor asked the Council if they
wished to continue with the public hearing. A MOTION WAS MADE BY
86-l0~OUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND
UNANIMOUSLY CARRIED TO CONTINUE WITH THE DISCUSSION.
I TEM In
Mr. Richard Bell, one of the owners of Bell Ceramics, stated that
they had owned the property in question since 1965 when it was
purchased as commercial property. Since 1980 when the property
was rezoned R-3, it has lost value according to an appraisal which
was done on the property. Mr. Bell stated that this was hurting
his business. Now, the property was being devalued again by the
proposed rezoning to R-2. He further stated that "down zoning"
had devalued his property by 1/3. He concluded by stating that he
did not like the proposed zoning and accepted it under protest.
Arthur Everly, who lives near Bell Ceramics, stated that he believed
the idea was okay, but that the economic impact hurts them and the
human element should be considered when making such changes.
Don Smith stated that the area was in transition, and that he
sympathized with Mr. Bell, but lake front property ~as not suited
for commercial use.
ITEM 113
Steve Richey, Attorney at Law and owner of the Clermont Sands
Apartment Complex, stated that he would be asking for a reduction
in his property value beacuse of the "down grading" of the complex's
value. He stated that it appeared that he had no options in the
matter, and because of the change (he would become a non-conforming
use within the district) his mortgage would be in default. He stated
that he believed a new zone should be created for his property and
the adjoining property (Woodcliff). In conclusion, he repeated that
he believed that his right to due process in the whole matter had
been violated.
Don Smith, a member of the Planning and Zoning Commission, stated
that he believed that, in this case, the Comprehensive Plan is in
error, that the property is presently zoned correctly and it should
go back before the Planning and Zoning Commission for reconsideration.
Mayor Pool and Council Member Huff concurred with Mr. Smith.
ITEM 114
H. Clifton Bailey spoke concerning his property, g1v1ng a history
of what had transpired during the past year so that a portion was
changed to specialized district called SHD-l. He further stated that
he believed that it was not fair that he would have to wait six months
to.ask for an amendment to the Comprehensive Plan, and with the prop-
erty being zoned as a specialized district, he could not sell it at
this time. He continued by stating that he believed the Council
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should call an emergency meeting on his behalf to remedy the
situation. In conclusion, he stated that he wanted his property'
to be rezoned the same as Mr. Richey's.
City Manager Saunders explained that such action would not give
quicker relief due to. advertising time constraints. Mr. Bailey
was advised that going through the regular amendment process
would be as timely. City Manager Saunders explained that the
SHD-l property is not being considered in Ordinance 178-M for
rezoning.
...,
ITEM 115
Carle Bishop spoke concerning the fact that the value of his property
had actually increased after the construction of the Clay Townhouses.
He stated that he did not want the area to be down-graded by the R-2
density.
Dennis Horton, Attorney at Law representing Milton Kuharske, who owns
Lots 1 and 2 in Block 87 stated that over the years, the density of
the property has gone from 16 to 12 to 8 units per acre. He stated
that he felt there was no reason for the change, and that if a request
for a Conditional Use Permit was made, it could be denied.
John Jones and R.M. Frye stated that they wished the property to be
rezoned R-l instead of R-2. Mr. Jones then spoke against intensive
development of the area.
Mr. Frye stated that forty years ago the property was zoned R-l.
He further stated that the City was growing and needed a strong
Plan. He concluded by stating that he supported the rezonings,
and was sure that any problems could be worked out.
Mayor Pool then read a petition signed by more than twenty residents
requesting that the property be rezoned R-l, instead of the proposed R-2.
William Clay stated that he could see no reason for the change, and
that there would be a little strip along the lake zoned from R-3
to R-2. He stated that he believed his townhouses were an asset to
,the area.
Don Smith stated that he believed the proposed rezoning in this
area was a mistake and that it should remain R-3, or a new zone
created.
Council Members Turville and Dupee stated that they believed the
Council should consider dividing the area into different zones.
ITEM 116
Nick Jones stated that in his situation, his studio had been
left on a 50 foot lot with his other lots being in a different
zoning classification with a 1/3 to 2/3 division. He felt the
bounda+y should be at the end of Bowman Street (the. south boundary
line of his property). He continued by stating that 'he felt more
constraints would be placed on R-3 property than R-2, and that
the zoning should not be changed.
Buddy Rogers stated that his property was surrounded by a duplex
and two quadriplexes, and should not be zoned R-2. Mr. Rogers
also stated that he did not believe that the property owners had
been adequately notified of the changes, and asked to go back to
the beginning and allow public imput in preparing the Comprehensive
Plan. He concluded by stating the the City had plenty of time to
adopt the plan, it was not facing an immediate deadline, and every-
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one should have an opportunity for input in a workshop setting.
He requested that his property be left in R-3.
Council Member Turville stated that those people negatively affected
will always come to a meeting. If the plan was changed in their
favor, a new set of people would come an~ this would go on and on.
ITEM 1}7
Phil Windheim stated, that in the case of his property, he had been
following the amendment procedure for the Comprehensive Plan,' and
that he had been granted what he requested, and that the "system"
had worked for him, and asked that the Council rezone Item #7 as
proposed.
ITEM 118
No public comments were made on this proposed rezoning. Council
Member Huff stated that he was not sure regarding this Commercial
property, and felt that it would not be fair to some land owners.
WORKSHOP MEETING
City Manager Saunders announced a Council Workshop for Wednesday,
May 21, 1986, at 7:00 p.m. in the City Hall Conference Room.
There being no further business, the meeting adjourned at 1:15 a.m.
&~&~
Attest:
~ ~,rr:lCity Clerk