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03-25-1986 Regular Meeting e e 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. e e 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. e e CITY OF CLERMONT , MINUTES REGULAR COUNCIL MEETING March 25, 1986 Page -3- 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. e e 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. e e 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. - - 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. e e 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. e e 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. e e 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: