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05-14-1985 Regular Meeting . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 A Regular Meeting of the City Council of the City of Clermont was held on Tuesday, May 14, 1985 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: Council Member Henry, Council Member Huff, Council Member Cole and Mayor Pro Tem Turville. Other City Officials present were: Acting City Manager Saunders, City Attorney Baird, City Engineer Springstead, Utility Director Davis, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Acting City Manager Saunders followed by The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held April 23, 1985 and the Workshop Meeting held May 9, 1985 were approved as presented. ACTING CITY MANAGER'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Acting City Manager Saunders introduced Ann Dupee, the City's represent- ative to the East Central Florida Regional Planning Council. Mrs. Dupee explained that the ECFRPC is recommending that the current fee schedule for Development of Regional Impact Reviews be amended to incorporate two DRI categories not presently covered: Area Wide DRI'~ at a fee of $25,000 and Downtown DRI's at a fee of $15,000. Also, they wished to provide for removal of DRI fee exemption for member governments in the in these categories. It was pointed out that member fees could go up if these new fees were not charged. Mrs. Dupee then asked Council direction on how she should vote on this matter. After some discussion, it was determined that these changes would not 85-86 affect Clermont, and A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRRIED TO ACCEPT THE NEW FEE SCHEDULE AND HAVE MRS. DUPEE VOTE IN FAVOR OF THE AMENDED SCHEDULE. LAKE COMMUNITY ACTION AGENCY It was reported that the City had received a letter from the Lake Community Action Agency expressing their sympathy in the death of our representative, Mr. Bob Hanford. It was asked that the City appoint another representative by May 29, 1985. Acting City Manager Saunders asked the Council to think about another representative, and stated that he would bring the matter up at the next Council Meeting. LABOR DAY CELEBRATION It was reported that the Chamber of Commerce had asked if the City would sponsor the fireworks display for the Labor Day Celebration again this year. After a brief discussion, Acting City Manager Saunders was directed to obtain for the Council a list of the activities proposed by the Chamber for Labor Day and investigate the cost for a fireworks display. A decision on this matter would be made at a later meeting. ONGOING CHURCH USE OF JENKINS AUDITORIUM It was reported that the Chamber of Commerce who is now renting Jenkins Auditorium for the City had rented the building on an . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 Page -2- ongoing basis for church services. Some complaints had been received because this practice had not been allowed in the past. David Frost, a member of the Mormon Church, spoke to the Council asking that they be allowed to continue using the auditorium until such time as another building could be found to use. It was reported that in the past other churches had been denied continuing use of the building. They had been allowed to use it for special services or events, but not on an ongoing basis. City Attorney Baird was directed to look into this policy. 85-87 After some disussion concerning the rules and regulations of the auditorium and the past policy, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL THE MAY 28, 1985 COUNCIL MEETING. COUNCIL MEMBER HUFF'S REPORT CONSTRUCTION PROJECT ON GRAND HIGHWAY Council Member Huff expressed his concern that all construction equipment for the site work for the 92 unit development on Grand Highway had been removed from the site. He also stated that dirt from the site was covering part of Grand Highway and should be re- moved before it poses a serious problem for citizens using the street. Acting City Manager Saunders stated that he was aware of this, and that Public Works Director Smythe and he would be monitoring the situation. He also stated that he would find out what could be done about the erosion onto the highway. COUNCIL MEMBER COLE'S REPORT CHESTNUT STREET PARK Council Member Cole reported that a duplex had been built next to the park, and he felt that the private property needed to be separated from the public park by a fence. After some discussion, it was the consensus'of Council that Acting City Manager Saunders obtain costs on 6' chain link fence and report back to Council. MAYOR POOL'S REPORT ABANDONED CARS Mayor Pool reported that he had rec~ived a complaint concerning an abandoned car and asked what could be done about it. He further stated that it was his understanding that if the car had a current tag, nothing could be done even though the car had been jacked up in front of the house for several months. City Attorney Baird stated that each case should be handled on an individual basis, and that he would speak to the Mayor concerning this matter. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 Page -3- TREE AT CHESTNUT AND FIFTH STREETS Mayor Pool reported that he had received a call concerning the safety of a large ear tree located 100' from the intersection of Fifth and Chestnut Streets on Chestnut Street. It appears that the tree which contains numerous dead limbs is on the City right-of-way and overhangs the street. Acting City Manager Saunders stated that he would check into this matter. DEVELOPERS AND VEGETATION Mayor Pool expressed his concern that developers could come into the City and strip a piece of property of all trees and vegetation, such as has happened on Grand Highway. He then asked what would happen to that particular piece of property should the developer decide not to carry through with the proposed project. Council Member Turville concurred with Mayor Pool's concern, and City Attorney Baird stated that he would research this matter. OLD BUSINESS REFUSE COLLECTION SURVEY It was reported that the City had not increased its rate for refuse collection since 1976. If the present rate continues, the Sanitation Fund would be operating at a loss. Results of the recent Refuse Col- lection Survey favored continuance of the rear yard collection service presently being provided by the City. Acting City Manager/Finance Director Saunders stated that in order to structure proposed rate changes, he needed to know the type of service to be utilized for refuse collection. After a brief discussion, it was the consensus of the Council to continue with the rear yard service. Mr. Saunders stated that he would be formulating a new fee schedule based upon the rear yard collection. NEW BUSINESS LEO FUNKE, SIDE YARD VARIANCE REQUEST FOR 1691 THIRD STREET Mr. Leo Funke appeared before Council to request a variance from the required side yard setback of 9 feet to 4.5 feet in order to construct an additional driveway on his property. Mr. Funke had provided each Council Member with a photograph of his prop- erty and explained that the home had been constructed on a steep slope. In order to get into the home, one would have to walk up a flight of stairs either through the basement or at the front of the home. Mr. Funke further stated that he and his wife and many of their friends were getting of an age whereby walking up the steps was becoming exceedingly difficult. He then asked to be allowed to build another driveway on the high side of the lot, extending to the rear of their home so the could enter through the family room door. Council Member Turville stated that variances are granted to . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 Page -4- property, not people. Acting City Manager Saunders pointed out that Section 19-23 of the City Code concerning driveways allows only one two-way drive for each 100' of frontage. Council Member Huff stated that Mr. Funke's property had platted before the present ordinance and was an 86' lot. Pool pointed out that the hardship was the topography of with its steep slope. been Mayor the' lot Mr. Funke stated that the retaining wall along the lower driveway diverted water running down his property into his driveway and out into the street. The driveway on the upper side of the lot would be 10' wide and 4.5' from the lot line. Mayor Pool called for comments from those present in the audience, and no one spoke for or against the request. 85-88 Afer some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HENRY, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE VOTE TO GRANT MR. FUNKE A SIDE YARD VARIANCE FROM THE REQUIRED 9 FEET TO 4.5 FEET AND A VARIANCE FROM THE CITylS DRIVEWAY ACCESS STANDARDS. COUNCIL MEMBER TURVILLE VOTED NAY. WALTER POYNTER, RE UEST FOR A CUP FOR 4,800 S UARE FOOT OFFICE BUILDING IN THE R-3 RESIDENTIAL PROFESSIONAL ZONE Mr. Walter Poynter appeared before Council to request a Conditional Use Permit to build a 4,800 square foot office building on Lot 1, Sunnyside Terrace Subdivision. Mr. Poynter explained that the Council had granted this request at its October 9, 1984 Meeting, but he had forgotten to sign the document and it expired. He further stated that nothing had changed in the plans, and that he was now ready to begin construction. Mayor Pool called for comments from those present in the audience, and no one spoke for or against the request. 85-89 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 481 GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A 4,800 SQUARE FOOT OFFICE BUILDING ON LOT 1, SUNNYSIDE TERRACE SUBDIVISION IN AN R-3 RESIDENTIAL/PROFESSIONAL ZONE. THE RESOLUTION WAS READ BY TITLE ONLY. WESTCOTT DEVELOPMENT, BOB WADE - REQUEST FOR A CUP FOR A PUD OF 200 UNITS AND MAIN FACILITIES BUILDING FOR SENIOR CITIZEN CONGREGATE HOUSING ON PARTS OF TRACTS 4, 5B, AND SA, NORTH OF HIGHWAY 50, BETWEEN JACK'S LAKE AND THE CITY LIMITS. Mr. Joseph Kantor, Developer and Part Owner of the proposed project appeared before Council to explain the Planned Unit Development for the 200 units including the main facilities building for Senior Citizen Congregate Housing. Council Member Turville asked for a definition of a congregate living facility. Mr. Kantor stated that the project was intended for the elderly choosing to live in an environment that provides assistance with their daily activities. The typical age range would be 70-90, and . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 Page -5- they must be in good health and have the ability to care for themselves. Mr. Kantor pointed out that the facility would not be a nursing home. Indoor and outdoor services would be provided such as: maid service, laundry service, meals served in the main dining area, a library and craft area, and a pool and shuffleboard courts. The monthly fee for living in one of the units will average $1,400, including meals. The facility must stay a congregate living facility for a period of ten years due to the project funding. City Attorney Baird stated that the City must define "congregate living facility" because in ten years the developer could come back and ask for an amendment to the CUP in order to change the project into an apartment complex. Mr. Kantor further stated that due to the age of the clientele, few would be driving cars. Because of this, only 67 parking spaces are shown on the preliminary site plan. If at a future date, more parking spaces are needed, Mr. Kantor stated that there would be plenty of land for them. Concerning Condition #11, Council Member Huff asked Mr. Kantor how much flow through the sewer lift station had been projected by them. Mr. Kantor stated that a figure of 35,000 gallons per day was used. John Springstead, the City Engineer, explained that the lift station was to be designed assuming that the project would be a retirement faciity and based on a flow of 150 gallons per day per bedroom, or 30,000 gallons per day (200 units x 150). He further stated that this was not finite and could be worked out with the project engineer, as these projections are based on assumption. Council Member Turville expressed his concerns over the projected 67 parking spaces on the preliminary site plan when the City requires 400 parking spaces for a project of this magnitude. He also expressed his concern over the fact that the sewer lines on the preliminary site plan run between the two sections of Jack's Lake, and at this point, the City does not know who really owns the land between the two bodies of water. He further stated that it was possible that some time in the future the lift station and sewer lines could be under water. Council Member Turville stated that he believed the water retention areas for parking should be based on the higher figure (400 spaces), not 67. Mr. Turville also asked Mr. Kantor what requirements there were to rent one of apartments. Mr. Kantor stated that the bonding requires that 20% must be rented to the elderly and no children were allowed. The remainder of the units could be available to anyone. He pointed out that the average monthly rental fee of $1,400 per person would most likely prevent younger people from moving into the complex. In light of this fact, Council Member Huff asked City Engineer Spring- stead if this could possibly increase the sewage flow to 200 gpm. Mr. Springstead stated that two forty year olds could double the amount of flow per day. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 14, 1985 Page -6- Utility Director Davis stated that the needs at least an hour of lead time in case one of the pumps broke down and could not complete the pumping of the holding tank during the off-peak hours. Council Member Huff asked Mr. Springstead if he was comfortable with the 75 gpm pumping capacity. Mr. Springstead stated that this figure allows for about a 10 gpm cushion, and there were ways to change this., He reiterated that this would have to be worked out during preparation of the final plans. At this point, Mayor Pool called for comments from those present in the audience, and no one spoke for or against the proposed project. Under further discussion, it was discussed in detail that the water retention for parking should be based on a figure larger than the proposed 67 parking spaces. It was determined that the retention areas would be based on 200 parking spaces. City Attorney Baird also stated that a covenant should be placed on the property concerning the retention areas, and the additional parking should be shown on the site plan. After some further discussion, the Council concluded that the following changes would be made to the Conditional Use Permit: 1. Condition #5 would be changed to add "as defined by the State of Florida" after the words ...congregate living facility. 2. Condition #11 would be changed by deleting "or between 10:00 p.m. and 4:00 a.m. Sewage capacity for this pro- ject is limited to 75 gpm. 3. Condition #16 concerning water retention based on 200 parking spaces would be written by City Attorney Baird. 85-90 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT RESOLUTION NO. 498 AS AMENDED, GRANTING A CUP FOR A PUD TO BUILD A 200 UNIT INCLUDING A MAIN FACILITIES BUILDING CONGREGATE LIVING FACILITY FOR SENIOR CITIZENS. THE RESOLUTION WAS READ BY TITLE ONLY. COUNCIL MEMBER TURVILLE VOTED NAY. There being no further business, the meeting adjourned at 10:15 p.m. /2? if PcnrP Robert A. Pool, Mayor---- Attest: