03-25-1986 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
A Regular Meeting of the Clermont City Council was held Tuesday,
March 25, 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, and Council Member Huff and Counci+ Member Dupee. Other
City Officials present were City Manager Saunders, City Attorney
Baird, and Deputy City Clerk Brandt.
INVOCATION
The Invocation was given by Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all
present.
MINUTES
The Minutes of the Regular Meeting held March 11, 1986 were approved
as presented.
REPORTS
CITY MANAGER'S REPORT
SUMMER SPRINT
City Manager Saunders stated that he had received a letter from
Fred Sommer, sponsor of the Great Clermont Triathlon, requesting
permission to hold a' "Summer Sprint" on May 17, 1986 to help
defray expenses from October's triathlon.
Council Member Huff questioned ,the City's liability concerning an
event such as this. City Manager Saunders stated that the Triathlon
Committee carries its own liability insurance. City Attorney Baird
stated that the City may be liable because of the use of a City
facility (Jaycee Beach), but not any more liable than on any normal
86-54 day at the beach. After a brief discussion, A MOTION WAS MADE BY
COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED TO GRANT THE REQUEST TO ALLOW THE "SUMMER
SPRINT TO BE HELD ON MAY 17, 1986.
PARKS AND RECREATION BOARD
City Manager Saunders reminded the Council of the Funfest '86 to
be held on Saturday, April 12, 1986 at Jaycee Beach. The event,
put on by the Parks and Recreation Board, will be a day filled
with events for family participation and food and,craft booths
sponsored by local church groups and civic organizations. A
plant sale will also be held, with the day acting as the kick-
off event for Clean-Up, Green-Up Clermont which will be held
the following week.
It was also reported that the Parks and Recreation Board would
like to plant large Live Oaks on East Avenue, along Bishop Field.
36-55 The trees would cost approximately $300. A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND
UNANIMOUSLY CARRIED APPROVING THE PLANTING OF LIVE OAK TREES
ON EAST AVENUE ADJACENT TO BISHOP FIELD.
COUNCIL MEMBER DUPEE'S REPORT
LIBRARY BOARD COFFEE
Council Member Dupee reported that the Library Board's Coffee for
Council Members and their families would be held at Cooper Memorial
Library on Wednesday, April 9, 1986 at 7:00 p.m.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -2-
COUNCIL MEMBER TURVILLE'S REPORT
OUTSTANDING FLORIDA WATERS DESIGNATION
It was reported that on Wednesday, March 12, 1986 at 9:00 a.m.
at the Orange County Courthouse, the final hearing and granting
of the designations would be made.
MAYOR POOL'S REPORT
MINNEOLA HARBOR
It was reported that the East Central Florida Regional Planning
Council would be holding a hearing on the proposed Mineola Harbor
Development on Thursday, April 3, 1986 at 1:30 p.m.
PAUL HALSTEAD WEEK
Mayor Pool reminded the Council that this week has been designated
"Paul Halstead Week" in Clermont in honor of Mr. Halstead's 100th
Birthday.
FINAL READING OF ORDINANCE l77-M - PUBLIC HEARING OF REQUESTS TO
AMEND THE CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE
DISTRICT MA,P
City Manager Saunders explained that the Future Land Use District
Map sets the criteria for the future development of the City. As
directed by the State of Florida, changes to the Comprehensive Plan
Future Land Use District Map may be made twice a year. State Law
requires the proposed changes to be submitted to the State Bureau
of Land Management and Regional Planning Council for review and
comment. (A copy of the Regional Planning Council's letter and the
State's letter are attached and made part of the official record).
It was further explained that items 1 through 9 were amendment
requests made by property owners and items 10 through 12 were
recommendations made by staff.
Mayor Pool then explained the procedure for the Public Hearing and
stated that the amendment requests would be heard in numerical order
as printed in the ordinance. A final decision would be made on item
#1 before going on to item #2, etc.
ITEM #1
The requested change for item #1 was as follows:
1. Change the following described property from area desig-
nated ERD-l to area designated ERD-2 which would allow
R-2 Medium Density development up to 8 units per acre:
Lots 5, 6, 7, 8 and 9 Winona Bay Subdivision.
Located on the southwest shore of Lake Winona.
George Hovis, Attorney for Phil Windheim~ appeared before
Council and stated that his client had bought Lot 8 of
Winona Bay Subdivision a number of years ago with the idea
of building a duplex on the property. Under the old zoning
ordinance this would have been allowed. Mr. Hovis pointed
out that two of the lots in the subdivision have duplexes
on them, and the other two lots contain single family homes.
Mayor Pool called for comments from those present in the
audience.
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CITY OF CLERMONT
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March 25, 1986
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Mr. George Smith, who lives in the area, stated that if this
request was allowed, it could result in a domino effect. He
stated he believed that the property should be left in ERD-l.
Ron Byrd, who owns Lot 9, stated that his only concern was if
a triplex or quadriplex could be built on the property. He
stated that he would be in opposition to the request if these
were allowed. City Manager Saunders stated that they would
not be allowed.
After some further discussion, it was the consensus of Council
to leave Item #1 in the ordinance, as,requested.
ITEM #2
The requested change for item #2 was as follows:
2. Change allowable density in area designated ERD-7 from
8 units per acre to 12 units per acre. Basically located
east of Fifth Street, west of Disston Avenue and north of
Highway 50 to Lake Minneola.
Richard Bell and Cliff Bailey both spoke in favor of the increase
in density for property they own in this area. Mr. Bell maintained
that the decreased density to 8 units per acre in the R-3 zone where
he owns property would lower his property value, and Mr. Bailey con-
curred with this statement.
Cecil Smart, who was present in the audience, stated that he opposed
any increase in density in' the .ERD-7 area.
Mayor Pool then read a letter signed by Howard Barry and a petition
of agreement attached with nineteen signatures, opposing any proposed
changes to the City's Comprehensive Plan.
Council Members Turville and Huff stated that they opposed the request
for increased density because the area was almost completely "built-out"
and there should ~ot be a "blanket" increase of density in the entire
ERD-7 area.
~6-56 After some further discussion, A MOTION WAS MADE BY COUNCIL 'MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
TO DELETE THIS REQUESTED AMENDMENT WHICH WOULD CHANGE THE AL~OWABLE
DENSITY IN THE AREA DESIGNATED ERD-7 FROM 8 TO 12 UNITS PER ACRE.
ITEM #3
The requested change for item #3 was as follows:
3. Change the following described property from area desig-
nated ERD-7 to area designated NED-3 which would allow C-l
Light Commercial Zoning:
Lots 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, and 13
Block 7, City Blocks. Located north of Highway 50,
west of East Avenue, south of Broome Street and west
of Second Street.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -4-
Joe Washuta appeared before Council and stated that he wanted his
property to be able to remain C-l. He continued by stating that
he had bought the property when it was zoned co~ercial, and he
wished to develop it in that manner.
Richard Huff stated that Bishop Field is directly across the
street and that logically, the property in question, which is
located behind the Cumberland Farms Store should be in a com-
mercial zone.
After a brief discussion, it was the consensus of Council to leave
Item #3 in the ordinance, as requested.
ITEMS 4 AND 12
The requested changes for items #4 and #12 were heard concurrently
because of their relationship to each other and were as follows:
4. Change the following described property from area desig-
nated NED-5 to area designated EBD-2 which would allow
C-2 Commercial Zoning:
Lots 11, 12 and W 1/2 of Lot 10 Fairview Place.
Located south of Almond Street and east of
Disston Avenue.
12. Change the following described property from area
designated EBD-2 to area designated NED-5 which
would allow R-3 Multi-Family Zoning with a maximum
density of 12 units per acre:
Lot 127, Clermont Heights. Located south
of Almond Street and east of Disston Avenue.
Tom Dougherty appeared before the Council and stated that he had
requested the change in Item #4 to allow professional offices to
be built on the property which is located south of his existing
office. He further stated that he opposed the Staff recommended
change in Item #12 because his present office was located in the
EBD-2 area which allows professional offices, but if it was
changed to NED-5 there would be no provisions for offices in the
future.
Jay Vander Meer, stated that he believed the property should be
located in the EBD-2 district.
No one else spoke for or against the requested amendments.
36-57 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
.SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DELETE
ITEMS #4 AND 12, FROM THE ORDINANCE.
ITEM #5
The requested change for item #5 was as follows:
5. Include the following described prQperty in Permitted
Land Uses, Item .#3, for area designated ERD-2 which
allows Professional Offices in limited areas:
Lots 19, 20, and 21 of Block 7 Sunnyside Unit.
Located west of Bowman Street, north of Sunnyside
Drive and south of Almond Street extended.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -5-
Nick Jones appeared before Council stating that he believed his
property had been left out of Item #3, under Permitted Land Uses
for area designated ERD-2 which allows Professional Offices in
in limited areas. Under questioning by Council, Mr. Jones stated
that his studio was located on Lot 19, and his rental property
was on the other two lots.
Under Council Member discussion, Council Member Turville stated
that he had no problem with putting the office (Lot 19) in the
requested ERD-2 designation. However, he stated that Lots 20
and 21 should not be included in that designation.
No one from the audience spoke for or against the proposed
amendment.
36-58 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER DUPEE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER
HUFF VOTING NAY, TO AMEND ITEM #5 BY DELETING LOTS 20 AND 21.
ITEM #6
The requested change for item #06 was as follows:
6. Change allowable density on areas designated ERD-2 from
8 units per acre to 12 units per acre. Basically located
south of Chestnut Street, east of Twelfth Street, north
of Minnehaha Avenue and west of Bowman Street."
Mayor Pool then called for comments from those present in the
audience.
Cecil Smart stated that he was opposed to any increase in density
in the area.
Peggy Weatherbee stated that the
allowed a density greater than 12
adoption of the new Comprehensive
lowered to only 8 units per acre.
which allowed 12 units per acre.
previous zoning ordinance
units per acre, and with the
Plan, the density has been
This property was zoned R-3
Council Members Huff and Turville stated that they were opposed
to the requested amendment because property in the area was primarily
developed R-l and R-2.
No one else spoke for or against the requested amendment.
86-59After a brief discussion of the request, A MOTION WAS MADE BY
COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED TO DELETE ITEM #6 FROM THE ORDINANCE.
ITEM #7
The requested change for item #7 was as follows:
7. Include the following described property in Permitted
Land Uses, Item #3, for area designated ERD-2 which allows
Professional Offices in limited areas:
Lots 8, 9, Block 88 City Blocks. Located at the
southeast corner of the intersection of Chestnut
Street and West Avenue.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -6-
It was explained that this property is located south of the Texaco
Station, on the southeast corner of West Avenue and Chestnut Street,
and that the owners of the property wished to use the property for
professional offices.
Mayor Pool called for comments from those present in the audience.
Martin Wright, who lives in the neighborhood, and Cecil Smart
both opposed the request because the south side of Chestnut is
a residential neighborhood.
Council Member Cole stated that he also was opposed to the proposed
amendment. Council Member Huff stated that certain areas needed
to be flexible, but offices should be located to the east.
86-60 There being no more discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO
DELETE ITEM #7 FROM THE ORDINANCE.
ITEM #8
The requested change for item #8 was as follows:
8. Change that R-lA property located north of Highway 50,
east of Highway 27 in area designated UD-2 from UD-2 to
area designated UD~5, and change Permitted Land Uses under
UD-5, Item #4, to read:
"Property designated UD-5 located north of
Highway 50, and east of Grand Highway should
be allowed high density, single or multi-family
development not to exceed 12 units per acre".
Steven Richey, representing Bob Wade, appeared before Council
to request the higher density for property owned by Mr. Wade.
Mr. Richey stated that in the context of future rezonings, the
property should be upgraded to allow 12 units per acre. He
stated that it was not right to annex Mr. Wade's property and
then lower the allowable density of the property from 12 to 8
units per acre.
Mr. Richey then read passages from the Comprehensive Plan
concerning annexation and the traffic and sewer elements. After
reading those passages, Mr. Richey stated that his client had
spent a great deal of money preparing the site for development,
and in order to be cost effective must be allowed the 12 units
per acre density.
Mr. Richey also stated that due to time constraints (the Compre-
hensive Plan can be changed only twice a year), he felt it would
be better to designate the potential now, so his client would not
be forced to lose six months each time he wanted to make a change.
A great deal of what Mr. Wade would like to do with the property
would fit into the 12 units per'acre designation, and a lot of
it doesn't.
Council Membe~ Turville then read several passages from the
Comprehensive Plan that discouraged development as requested in
the amendment relating to the property.
Mayor Pool then called for comments from those present in the audience.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -7-
Cecil Smart stated that he felt a definite plan for the property
should be presented before any decision is made regarding the
allowable density.
Daryl English, who lives near the property, stated that he opposed
the 12 units per acre density due to the increased traffic problems
the higher density would cause.
Betsy Heath and Peggy Weatherbee favored granting the higher density
to the property in question.
It was pointed out that the Council would still be able to control
the development through the Conditional Use Permit or Planned Unit
Development Process.
Council Member Turville stated he believed that if the highest density
(12 units per acre) was granted to Mr. Wade, it would eliminate pro-
cedures for him, whereby all others must follow certain steps. He
further stated that it was not planning if you grant the highest utili-
zation to Mr. Wade, and effectively this would throw out the City's
Comprehensive Plan.
Mayor Pool stated that he favored the flexibility of the 12 units per
acre.
86-6lA MOTION WAS MADE BY COUNCIL MEMBER TURVILLE , SECONDED BY COUNCIL
MEMBER DUPEE AND FAILED BY A THREE TO TWO VOTE TO DELETE ITEM *8
FROM THE ORDINANCE. COUNCIL MEMBERS COLE AND HUFF AND THE MAYOR
VOTED NAY.
ITEM *9
The requested change for item *9 was as follows:
9. Change the following described property to SHD-l
(Specialized Housing District) with permitted use
being multi-family, non-profit housing for elderly
and handicapped with density not to exceed 12 units
per acre:
All of Block 5 and Lots 1, 2, 3, 4, 7, 8,
9 and 10 of Block 8, plus the East 200 feet
of the closed right-of-way of Broome Street
and the South 1/2 of the East 300 feet of
the closed right-of-way of Juniata Street,
Woodlawn Subdivision. Located north of
Highland Avenue between Disston Avenue and
Drew Avenue.
Mr. Robert Renfrow, an Attorney representing National Church Homes
of Lake County, appeared before Council to request that a special
district (SHD-l) be considered in the ERD-7 area which would allow
National Church Homes to construct a 46 unit home for the elderly
and handicapped.
Mr. Renfrow stated that Reverend Becker of Shepherd of the Hills
Lutheran Church, Father Mena of Blessed Sacrement Catholic Church
and Reverend Harwood ,of the First United Methodist Church all
supported the proposed project.
City Manager Saunders pointed out that the City had sent letters
to every Church in Clermont for their comments regarding the pro-
ject, and only one comment was received from Father Frederick E.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
, March 25, 1986
Page -8-
Mann, Rector of St. Matthias Episcopal Church. Mr. Renfrow then
questioned the validity of the City's letter, and reiterated the
support of the local churches for the project.
Mr. Renfrow then asked if any Council Members had visited any of
the completed complexes. City Manager Saunders and Council Member
Dupee stated that they had visited Trinity Village in Ocala. They
both agreed that the complex was nice, and the manager had told
them that the efficiency units had been difficult to rent. Rental
of one bedroom units had to be stopped until the efficiency units
were rented. When all of the efficiency units were rented, then
rental of the one bedroom apartments was resumed. It was also
pointed out that the square footage of both the one bedroom and
efficiency units was much smaller that the minimum square footage
allowed by the City's ordinance.
Mr: Renfrow stated that because this is a federally funded project,
HUD dictates the size and type of units to be built.
Much discussion ensued concerning what happens when the loan is
paid off in twenty years. Mr. Renfrow stated that he believed
the church sponsoring the project would bid on them and operate
it as a non-profit enterprise.
When asked what might happen to federal funding in light of the
recently passed Gramm-Rudman Bill, Mr. Renfrow stated that he
did not know.
Jay Vander Meer, Virginia Roane, Bill Delaney, Cliff Bailey, Tom
Dougherty and Pam Bonjorn all spoke in favor of the proposed project.
Cecil Smart and Cuqui Whitehead spoke in opposition to it.
Mayor Pool questioned if there was a need for such a project
in Clermont, in light of the fact that a recently completed
project charging lower rents was having difficulty filling
its units.
Mr. Renfrow stated that it was unfair to ask for statistics
at this time, and if the matter were tabled, he would be
happy to furnish the Council with the requested materials.
After some further discussion, it was the consensus of Council
to leave Item #9 in the ordinance, as requested.
ITEM #10
The requested change for item #10 was as follows:
10. Include in Permitted Land Uses for areas designated
NED-4 which are basically located north of Highland
Avenue, south of Pitt Street, east of Shady Nook
Drive and west of Millholland Street the following uses:
Multi-family attached residences
Existing light commercial
City Manager Saunders explained that this change was staff
recommended and clarifys the NED-4 classification by listing
the permitted land uses which were omitted from the original
ordinance.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
March 25, 1986
Page -9-
No one spoke for or against the proposed change.
It was the consensus of Council to leave item #10 in the ordinance,
as requested.
ITEM #11
11. Change the following described property from area
designated UD-5 to area designated EBD-2 which would
allow C-2 Commercial Zoning:
A 250 foot wide strip of property located
north of and including the closed portion
of DeSoto Street, south of Pitt Street and
east of and adjacent to Highway 27 ROW
City Manager Saunders explained that this change was staff
recommended.
No one spoke for or against the proposed change.
It was the consensus of Council to leave item #11 in the ordinance,
as requested.
BID APPROVAL
City Manager Saunders stated that only two bids had been received
for the Sewage Treatment Plant Modifications, and that both bids
were much higher than projected. It was recommended that the bids
be rejected and the project rebid.
86-62A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO REJECT ALL BIDS AND REBID THE
SEWAGE TREATMENT PLANT EXPANSION PROJECT.
There being no further
at 12:05 a.m.
business or discussion, the meeting adjourned
#tl/?d
~obert A. Pool, Mayor ----
Attest: