04-24-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
April 24, 1984
The Regular Meeting of the City Council of the City of Clermont was
held April 24, 1984 in the Council Chambers. The meeting was called
to order at 7:30 p.m. by Mayor Beals with the following Council
Members in attendance: Council Member Turville, Council Member Cole,
Council Member Henry and Mayor Pro Tem Pool. Other City Officials
present were: City Manager Forbes, City Attorney Baird, Finance
Director'Saunders, and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Mayor Pro Tem Pool followed by the
repeating of the Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held April 10, 1984 were approved
as presented.
REPORTS
CITY MANAGER'S REPORT
CENTENNIAL PARADE TROPHIES
It was reported that Mr. Elbert Ritchie of the Disabled Veterans would
be submitting a bill and invoices in the amount of $200 for trophies
given to Centennial Parade participants. It was the consensus of the
Council to pay for the trophies, as agreed during a prior meeting.
CITY ATTORNEY'S REPORT
City Attorney Baird reported that he would be attending the Florida
Municipal Attorneys Association Workshop on May 11 & 12 in Port St.
Lucie, Florida.
RESOLUTION NO.465 - CONDITIONAL USE PERMIT FOR CRYSTAL LAKE TOWNHOMES
During the April 10, 1984 Council Meeting, Council Members requested
that Mr. William Favuzza present a revised site plan to Council in-
corporating the eighteen conditions as revised during the meeting.
Mr. Tom Dougherty, Attorney for Mr. Favuzza, presented a new site
plan containing thirty-two townhomes, instead of the requested
thirty. The two additional units were placed in the southeast
quadrant of the property- farthest away from the Smoak property.
He continued by explaining that all of the Council's requested
changes had been met on the revised site plan, including location
of the roads parallel to the contour lines and the driveway located
using the Broome Street right-of-way.
He further stated that all the problems with the slope are being
handled as required by City regulations, and that the City Engineer
would see that the project conforms.
Mr. Dougherty explained that his client would like to complete the
project in phases, with Phase I (on the east side of the property,
closest to Second Street) consisting of units 1,2, and 3. The phasing
process includes completion of all utilities, drainage, and roads for
the first group of units. In this manner, the entire property would
not be torn up at one time.
With regard to density, setback, and lot coverage, Mr. Dougherty then
compared Mr. Favuzza's proposed development plans to the Henry Clay
Townhouses which are being constructed on Seventh Street; and concluded
that he believed the Favuzza project was superior in all three areas.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
April 10, 1984
Page -2-
After Mr. Dougherty's presentation, Council Member Turville read
the final motion from the April 10, 1984 Meeting which requested
a revised site plan with thirty units, and asked Mr. Dougherty if
he had such a revised site plan with him.
Mr. Dougherty then presented the Council with the thirty unit plan.
Council Member Cole expressed his concern for washouts during
construction, and Mr. Farner, Engineer for the project, explained
that each phase would be self- sufficient.
Mayor Beals then called for comments from those present in the
audience.
Rosemary Young expressed her concern for washouts during construc-
tion and the fact that she had witnessed the high water level of
Crystal Lake at 99 feet. She also asked how long it would take
to complete construction, and was told about two years.
Winnie Patterson stated that the proposed project would have a
beach area, and it was her understanding that there was a City
policy against this. City Manager Forbes explained that this
policy pertained to public property, not private.
Claude Smoak then stated that the revised site plan for thirty
units, as presented, was certainly more palatable to him. However,
he requested that the Council consider the following three items:
1. DER Chapter 17.25 which requires that no retention ponds
be constructed under water. Mr. Smoak stated that 97.5'
will be under water at some future time.
2. The 50' buffer strip between his property and Mr. Favuzza's
be rezoned to R-l.
3. He had no objections to phasing, providing that the City
demands to have either a performance bond, cash bond or
irrevocable letter of credit. This would provide money
to complete the streets and utilities should the project
be stopped after some part of it was finished.
Mr. Dougherty responded to Mr. Smoak by stating the following:
1. The water levels exceeding 97.5' at Crystal Lake were
an unusual event.
2. He felt rezoning the strip to R-l constituted "taking
property without compensation", and it was totally
unfair to do so.
3. He felt the bonding should cover each phase, not the
whole project, and asked what the City would do with
the bond once the City had it.
Much discussion ensued regarding types and amounts of bonds. City
Attorney Baird stated that the City Engineer would determine the
type of performance bond needed, if the Council chooses to require
one.
Mr. Smoak then stated that his greatest concern was if the developer
was sincere with his project as presented. He didn't want him to have
the option to chop the project up. He stated that he felt that a
performance bond on the whole project, which could be reduced as the
phases were completed, would make the developer complete the work.
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REGULAR COUNCIL MEETING
April 24, 1984
Page -3-
Mayor Beals then spoke about the proposed project. He briefly
told of the history of the property and how it was zoned R-3
on the advice of consultants. He also told of the previous
owner's request for a building permit for the property and how it
was denied by the City. The case went to court and the City lost.
He expressed his concern over the fact that the property is
zoned R-3, and no more stringent conditions should be placed on
this property than other property with the same zoning. As an
example, part of Condition #4 was cited which requires a 50' buffer
zone for this property, when all that is required in an R-3 zone
is 25'. Mayor Beals stated that he considered this to be confiscation.
The Mayor also stated that he felt this request had become a political
issue. The only reason for a Conditional Use Permit on this property
was that Mr. Favuzza wanted to build more than twenty-three units.
Mr. Favuzza, to date, has met all of the City's requirements, but the
request has still not been granted. Mayor Beals then stated that Mr.
Favuzza could build seventeen units on half the property with no Con-
ditional Use Permit. He had talked to the City Manager about this,
but the City Manager informed him that he would not issue a permit
for seventeen units.
In conclusion, the Mayor stated that he too was concerned about
water quality in Crystal Lake, but that for years all of the
pollutants from East Avenue have drained directly into the lake.
He felt that the large duck population at Center Lake (which the
City administration can't seem do anything about) did more damage
to the water quality there then the proposed thirty new residences
on Crystal Lake could possibly do.
Council Member Turville also expressed his feelings about the
request. He stated that he felt the property was improperly zoned,
and the Council should not perpetuate mistakes of the past with
regard to the Comprehensive Plan. He also stated that the Conditional
Use Permit requirement provides the Council with a tool to make all
of the unacceptable aspects of the request acceptable. In good
conscience, he felt the Council could not ignore the Comprehensive
Plan, the character of the neighborhood, the water quality of the
lake, and traffic on Second Street when considering the request.
If lawsuits are a major concern, the City could be sued by the
neighbors as well as the developer. Mr. Turville concluded by
stating that he felt a moritorium should be placed on the prop-
erty and the zoning changed.
Council Member Pool also expressed his thoughts on the request, and
stated that the property was zoned R-3, and the Council will have
to accept the fact because the zoning cannot be changed in mid-stream.
He further stated that 14 units per acre were allowed in an R-3 zone,
and Mr. Favuzza's request for 32 units was a good compromise. He also
felt water quality was important, but that it would be addressed by
the City Engineer when construction begins. Mr. Pool agreed with
the phasing aspect of the request, and concluded by stating that
they should not be more harsh on Mr. Favuzza than anyone else.
City Manager Forbes then reported that he had met with the City
Engineer to discuss the new site plan for thirty-two units. There
is enough room to meet the requirements of Chapter 17.25 and the
rules of the Lake County Pollution Control Board. The roads,
now parallel to the contour lines, are adequate. The Condominimum
Documents will have to be reviewed to make sure they include the
roadways and swales.
In the matter of performance bonds, Mr. Forbes stated that no bond
would be required if all streets and drainage for the entire project
were contructed before unit construction begins.
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REGULAR COUNCIL MEETING
April 24, 1984
Page -4-
He further stated that the whole discussion tonight boils down to
the following:
1. The Council must decide how many units it will allow.
2. The second sentence in Condition #7 should be amended
as follows: "A driveway and easement will be permitted
using the Broome Street right-of-way to serve the
development".
3. Condition #16 regarding Certificates of Occupancy should
be changed as follows: No certificate of occupancy can be
issued until each of the stated conditions in each phase
has been met, including completion of all driveway, park-
ing and drainage requirements, which must be properly
maintained and operated by the owner. If phasing is allowed,
the following also must be inserted:...conditions "in each
phase" have been met,... and Phasing will be allowed only
after a performance bond is issued for the public improvements
required for the entire project.
4. If phasing will be allowed or not.
After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE TO DENY THE REQUEST, PLACE A MORITORIUM ON THE PROPERTY,
AND REFER THE MATTER BACK TO THE PLANNING AND ZONING COMMISSION
FOR REZONING. THE MOTION DIED FOR LACK OF A SECOND.
After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
AND SECONDED BY COUNCIL MEMBER COLE TO ADOPT RESOLUTION NO. 465
ALLOWING THE REQUESTED THIRTY-TWO UNITS, WITH CONDITION #7
CHANGED AND CONDITION #16 CHANGED INCLUDING PHASING AS SUGGESTED
BY CITY MANAGER FORBES.
Under discussion, COUNCIL MEMBER TURVILLE MADE A MOTION TO
AMEND COUNCIL MEMBER POOLS MOTION TO CHANGE THE NUMBER OF UNITS
TO THIRTY AND TO ADD AN ADDITIONAL CONDITION #19 TO HAVE THE
BUFFER ZONE REZONED TO R-l BEFORE ANY CERTIFICATE OF OCCUPANCY
CAN BE ISSUED. THE AMENDMENT TO THE MOTION DIED FOR LACK OF A
SECOND.
COUNCIL MEMBER COLE WITHDREW HIS SECOND TO COUNCIL MEMBER POOL'S
ORIGINAL MOTION, AND THE MOTION DIED FOR LACK OF A SECOND.
84-055 COUNCIL MEMBER COLE THEN MADE A MOTION TO ADOPT RESOLUTION NO.
465 AS AMENDED TO INCLUDE THIRTY UNITS, TO REWORD CONDITIONS
#7 AND 16 AS SUGGESTED BY CITY MANAGER FORBES TO INCLUDE PHASING
AND A PERFORMANCE BOND ON THE ENTIRE PROJECT, AND TO ADD CONDI-
TION #19 TO READ "THE NORTH BUFFER ZONE OF 50' SHALL BE REZONED
TO R-l BEFORE ANY CERTIFICATE OF OCCUPANCY CAN BE ISSUED.
COUNCIL MEMBER HENRY CALLED FOR THE QUESTION AND THEN SECONDED
COUNCIL MEMBER COLE'S MOTION. THE MOTION CARRIED BY A THREE TO TWO
ROLL CALL VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL,
AND COLE; AYE, COUNCIL MEMBER TURVILLE AND MAYOR BEALS; NAY. THE
RESOLUTION WAS READ BY TITLE ONLY.
For the record, Claude Smoak stated that at no time had he contacted
any Council Members or Planning and Zoning Commission Members prior
to the public hearing on this request. He had appeared as a concerned
citizen and property owner to the immediate north of the proposed pro-
ject. A discussion between Mayor Beals and Mr. Smoak ensued regarding
their respective political ethical philosophies.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
April 24, 1984
Page -5-
REQUEST FOR OUTDOOR SALES AT CLERVUE DRIVE IN THEATER
Mayor Beals reported that Mr. George Pelletier had been operating a
Flea Market at the Clervue Drive In on Saturdays for the past month,
and now was requesting that he be allowed to continue them permanently.
Mr. Pelletier appeared before Council to answer any questions.
He stated that there had been no traffic or parking problems
at the theater. Parking is available for 350 vehicles, and
rental spaces are being limited to 40. He further stated that
there had been no complaints from surrounding property owners.
84-056 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED
TO ALLOW MR. PELLETIER TO CONTINUE WITH THE FLEA MARKET AT THE
CLERVUE DRIVE IN THEATER UNTIL SEPTEMBER 30, 1984, AT WHICH
TIME THE COUNCIL WILL REEVALUATE THE REQUEST.
GROUP W CABLE TELEVISION REQUEST TO TRANSFER FRANCHISE AGREEMENT
City Manager Forbes reported that Group W Cable Television had
requested that the present franchise agreement be transferred
to Cablevision Industries, Inc. The present agreement expires
in May of 1985.
Mr. Forbes requested that this matter be tabled until the May 8,
1984 Council Meeting in order to allow time for a meeting with
the company and City Staff to discuss the transfer. It was the
consensus of the Council to table this matter until the next
Regular Council Meeting.
OLD BUSINESS
It was reported that one bid for $101 per month rental fee had
been received from the YMCA for lease of the old library building
at 630 West DeSoto Street. The YMCA had requested a change in
the lease agreement regarding repairs to the heating and air
conditioning systems. They asked that the repairs be negotiated,
if they become necessary.
84-057 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED
TO ACCEPT THE YMCA'S BID OF $101 PER MONTH FOR LEASE OF THE OLD
LIBRARY BUILDING, AS AMENDED TO INCLUDE THAT REPAIRS TO THE
HEATING AND AIR CONDITIONING SYSTEMS WILL BE NEGOTIATED, SHOULD
THEY BECOME NECESSARY.
FINAL READING - ORDINANCE 24l-C, FLOOD PREVENTION
Mayor Beals reported that the new Ordinance is very similar to
the "Flood Prevention" Ordinance adopted by the City in March of
1980. The new Ordinance uses terminology and regulations provided
by the federal government and meets the required federal guidelines.
Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the proposed Ordinance.
84-058 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT ORDINANCE 24l-C, FLOOD PREVENTION. VOTING WAS AS
FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL; AYE, AND
MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
April 24, 1984
Page -6-
FINAL READING - ORDINANCE 242-C, ABANDONED PROPERTY
Mayor Beals reported that this Ordinance was prepared by the City
Attorney and allows the Police Department to dispose of abandoned
or unclaimed property. It also repeals sections in the Chapter
referring to a separate Clermont Clean Community Commission.
Mayor Beals then called for comments from those present in the
audience, and no one spoke for or against the proposed Ordinance.
84-059 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER TURVILLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO
ADOPT ORDINANCE 242-C, ABANDONED PROPERTY. VOTING WAS AS
FOLLOWS: COUNCIL MEMBERS POOL, HENRY COLE, AND TURVILLE; AYE,
AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY.
REPURCHASE OF LOT 4, BLOCK 59, CITY BLOCKS
It was reported that Mr. Richard Reynolds of Ticlaw Developers
had approached the City about repurchasing Lot 4, Block 59 of
City Blocks for the original asking price.
In July of 1981 the property was purchased by Ticlaw Developers
for $13,081 as part of their development of Lake Dot Villas.
Subsequently, the property was not used as originally intended,
and Ticlaw Developers would now like to sell it back to the City.
Mrs. Henry stated that she felt the City should offer Ticlaw
Developers less than $13,081. Council Member Turville stated
that he felt the City should repurchase the property because
the City needed to keep as many "green areas" as possible.
84-060 After a brief discussion regarding property values, A MOTION WAS
MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE
AND CARRIED BY A FOUR TO ONE VOTE TO REPURCHASE LOT 4, BLOCK 59,
CITY BLOCKS FROM TICLAW DEVELOPERS FOR $13,081. COUNCIL MEMBER
HENRY VOTED NAY.
There being no further business,
adjourned at 9:30 p.m.
ATTEST:
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