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05-13-1986 Regular Meeting - I. e e 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- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -2- 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May l3, 1986 Page -3- 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 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -4- 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -5- 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -6- 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. e e, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -7- 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 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -8- 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- . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 13, 1986 Page -9- 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