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08-09-1988 Regular Meeting e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 9, 1988 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, Planning Director McAllister 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 Special Meeting and the Workshop Meeting held June 20, 1988 and the Regular Meeting held July 26, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDER'S REPORT WORKSHOP City Manager Saunders reminded Council of the Workshop Meeting scheduled for Tuesday, August 16, 1988 at 6:30 p.m. in the City Council Chambers. LAKE WATER AUTHORITY It was reported that the Lake Water Authority would be holding their public hearing concerning a 1/2 mill levy to acquire environmentally sensitive land at 7:00 p.m. on Tuesday, August 23, 1988 in Jenkins Auditorium, the same night as the second Council Meeting in August. It was further stated that some people might wish to attend both meetings, and the Council was asked if it wished to postpone the Council Meeting to a later time. After a brief discussion, it was the consensus of Council to begin the meeting one hour later at 8:30 p.m. JIMMY BROWN FUND RAISER It was reported that a fund raiser for Jimmy Brown, a young man from Clermont who lost his leg in a motorcycle accident, was to be held at Bishop Field on Saturday, and it had been requested that the fee for use of the field be waived. It was the consensus of Council to do so. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 Page -2- COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that the Project Review Committee of the ECFRPC would be meeting on Thursday, August 11, 1988 to consider the Wekiva Falls DRI and that staff was recommending denial of the project. On Wednesday, August 17, 1988 there will be a full review by the Council of the request. COUNCIL MEMBER HUFF'S REPORT Council Member Huff reminded those present of the performance of the Army Band at the High School Auditorium on Monday, August 15, at 7:00 p.m. The performance is being made possible by the South Lake Council for the Arts. LAKE COUNTY BURN PLANT City Manager Saunders reported that a meeting would be held by the County Commission on Monday, August 15, 1988, at 2:00 to further discuss the building of the Lake County Burn Plant. The City Administrators/Managers from Lake County, as well as others from the League of Cities, will meet with the consultants for the project prior to this meeting. MAYOR PRO TEM TURVILLE'S REPORT FLORIDA ROCK Mayor Pro Tem Turville reported that he had attended a meeting at the St. Johns River Water Management District Office in Palatka concerning Florida Rock's request to continue to use a flap gate arrangement on their drainage system at their plant south of Clermont. As part of their permit, it was required that a five year review be held, and Mr. Turville stated that he was happy to report that because of this review of operations, as of November 8, 1988 they will no longer be allowed to use the flap gate arrangement, which was a contributor to an earlier spill. VISITORS WITH BUSINESS R.E. ALLISON - RESOLUTION #590 AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO ALLOW A 16' SETBACK WHERE 20' WAS APPROVED Mayor Pool explained that Mr. Allison was requesting an amendment to his existing (Resolution No. 581) Conditional Use Permit which was previously granted for the construction of a boat house and boat slip at his residence on the Lake Winona Canal (885 Lakeshore Drive). The original CUP granted a setback of 20' from the Lakeshore Drive right-of-way. Mr. Allison stated that he was requesting a sixteen foot setback e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 Page -3- instead of the 20' setback which was originally approved, due to an error made by the contractor when the boat slip was dug and installed. City Manager Saunders asked that the Council refer to the sur.veys in their packets and explained that a four foot wide walkway was to be built inside the boat house, along with the boat slip. As shown on the survey, the canal runs on a slight angle which created an irregular setback for the boat house. On the east end the setback is 19.78', which almost meets the 20' setback require- ment, but on the west side, due to the angle of the canal, the northwestern corner of the boat house will be located approximately four feet closer to the right-of-way than originally approved. Mr. Allison stated that the four foot error was caused by the walkway, but he wished to construct the boat house as originally planned. Mayor Pool called for comments from those present and no one spoke for or against the proposed setback amendment. It was reported that the Planning and Zoning Commission at their meeting held Tuesday, August 2, 1988, had voted unanimously to recommend approval of the request. Mayor Pro Tem Turville stated that he did not vote for the original request because he felt there was no need for a second boat slip on the property and that he probably would not vote for this request. 88-112 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE WITH MAYOR PRO TEM TURVILLE VOTING NAY, TO ADOPT RESOLUTION 590 AMENDING THE ORIGINAL CONDITIONAL USE PERMIT (RESOLUTION 581) FOR 885 LAKESHORE DRIVE TO ALLOW A 16 FOOT FRONT YARD SETBACK WHEREBY A 20 FOOT SETBACK HAD BEEN APPROVED. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RALPH ROANE - RESOLUTION #591 AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO ALLOW PROFESSIONAL OFFICES ONLY AND TO DELETE LOADING AREA REQUIREMENT It was explained by Mayor Pool that the request was being made to amend B previously granted Conditional Use Permit for 630-642 Highway 50, which is the correct address for the former Colony Square I. (It was pointed out that the incorrect address had been printed on the agenda). Mr. Roane has requested that Condition #5 of the original CUP be changed to delete the word "retail," which would then allow only professional offices at this location, and that Condition #6 of the original CUP be deleted, which required the creation of a loading area utilizing three parking spaces at the northeast end of the parking lot. It was pointed out that the Planning and Zoning Commission had unanimously recommended approval of this request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 Page -4- City Manager Saunders stated that the City Staff recommended approval of the request because the proposed changes were positive in that they would delete retail use and allow only professional offices. With professional offices there would be no need for a loading zone. Mayor Pool called for comments from those present and no one spoke for or against the proposed request. 88-113 After a brief discussion of the request, A MOTION WAS MADE BY MAYOR PRO TEM TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 591 AMENDING CONDITIONAL USE PERMIT (RESOLUTION 577) GRANTED FEBRUARY 9, 1988. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. IRENE MILNOR - RESOLUTION #592 REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND TWO NON-CONFORMING DUPLEXES City Manager Saunders explained that Mrs. Milnor was requesting a Conditional Use Permit in order to expand two non-conforming duplexes located at 179 - 183 Carroll Street and 427 - 431 Second Street. Mr. Saunders continued by stating that two non-conforming situations exist on both lots. Under the current Zoning Ordinance a minimum of 75' of frontage is required for a duplex. One lot, has a front footage of 65' and the other 56'. Also, the Zoning Ordinance requires a mini- mum square footage of 10,000 square feet for a duplex, and one lot has 6,500 square feet and the other approximately 7,600 square feet. City Attorney Baird then explained that the lots were non-conforming because the duplexes had been built on platted lots prior to the adoptions of the City's Zoning Ordinance in 1968, and at that time the lots were considered big enough for duplex construction. Fred Plummer, representing Mrs. Milnor, stated that the additional rooms would not encroach in the setback, nor were they asking for any setback changes. The additional rooms were needed because Mrs. Milnor likes to rent to families and a one bedroom duplex apartment was not conducive to families. Mr. Plummer again emphasized the fact that all setback requirements would be met. Mayor Pool called for comments from those present. Mr. Fred Lyons and Mr. Cosgrove both expressed their concern for the increased congestion in the area in the form of more people, more traffic and more cars. It was pointed out that the yards were very small and would not provide adequate space for children to play. A petition containing the names of 16 families was presented to Council opposing the request. Four letters from property owners e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 Page -5- in the area opposing the request were also made part of the official record. Mrs. Milnor then spoke stating that she would not allow overcrowding in here apartments. She explained that the lease lists the names of the occupants and that they must adhere to this requirement or lose the lease. Mrs. Milnor further stated that she already had installed a sprinkler system and sod to improve the appearance of the duplexes. Mr. Plummer stated that he believed the area would be good for families due to its close proximity to the schools and ball fields. Cecil Smart, who was present in the audience, stated that he could see no problem with the request and that he believed adequate parking already existed. Mayor Pro Tem Turville stated that the Council had to look at the property with regard to overcrowding, not the owner, because Mrs. Milnor might not ~wn it in the future and be so strict with leases. Council Member Huff expressed his concern that if the request was granted, it would truly expand a non-conforming use. By today's standards such building would not be allowed, but with regard to overcrowding, he stated that he had seen eight people use one bedroom before. Mr. Huff further stated that the addition would upgrade the structure and area, and therefore, increase property values and would not degrade the neighborhood. Council Member Dupee expressed her concern that granting the request would set a precedent for all other duplexes built on small non- lots throughout Clermont. Planning Director McAllister stated that he believed the City should look at the code regarding the expansion of a non-conforming use be- cause most cities have ordinances allowing the expansion of a non- conforming use without requiring a Conditional Use Permit. In reply, Mayor Pro Tem Turville stated that as long as Clermont remained a small city, the Council should have direct accoutability, and that was why Clermont's CUP's have so many conditions in them. As long as possible the City should continue to hear all requests and consider each on its own merit. In conclusion, Mrs. Milnor stated that she could not see any reason for the request to be denied because it followed all of the Conditional Use Permit requirements. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING Page -6- 88-114 After some further discussion of the request, A MOTION WAS MADE BY MAYOR PRO TEM TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO DENY ADOPTION OF RESOLUTION #592 GRANTING A CONDITIONAL USE PERMIT TO EXPAND TWO DUPLEXES IN THE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. THE MOTION CARRIED BY A FOUR TO ONE ROLL CALL VOTE WITH COUNCIL MEMBER HUFF VOTING NAY. NEW BUSINESS INTRODUCTION OF ORDINANCE 195-M City Manager Saunders explained that twice a year the City reviews requests for amendments to the Comprehensive Plan, with the first Council Meeting in August being the first public hearing for any requested amendments. If amendments are introduced, they will then be forwarded to the State of Florida Department of Community Affairs for their reviews. The second hearing will take place in approxi- mately ninety days. Mayor Pool then called for comments from those present concerning Item #1 in the ordinance. Royal Raidle, representing the owners of the property, stated that the 10 acres would be a good site for a future shopping center. It was explained that Item #1 was a Staff proposed change which would place the newly annexed property south of Dal-Dons into Land Use District UD-2. The UD-2 classification would allow as permitted uses multi-family, highway commercial, business and professional, light manufacturing, tourist accommodations, public and sem-public facilities and parks and recreation facilities with a maximum density of eight dwelling units per acre. There was no further discussion of Item fll. City Manager Saunders then explained that Item #2 had been requested by the owners of property on Almond Street described as Lots 291, 292, 315 and the S 1/2 of Lot 316, Clermont Heights. This property is located on the north side of Almond Street, across from the car wash and the building owned by F. Tootle. The applicants requested that the property be included in the EBD-2 Land Use District which would allow as permitted uses retail trade, business and professional offices, single and multi-family residences with a maximum density of eight units per acre, and tourist accommodations. It was reported that Mr. Langley had sent a letter to request that his property on the north side of Almond- Street also be included in the request in order to square up the area. Mr. Saunders continued by stating that EBD-2 was the City's least restrictive land use category, and that the zoning could be anything from RR to C-2j so the Council would have to decide the zoning. It was pointed out that the NED-4 District in which the property is now located is single and multi-family residences with a maximum density of eight dwelling units per acre. It was further explained that the Planning and Zoning Commission had unanimously voted to recommend approval of this change, but that a e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING Page -7- problem could arise that if the district is changed to EBD-2, the property could be rezoned to C-2 which would have a detrimental affect on the adjoining single family neighborhood to the north. It was suggested that the City would need a transition zone between the residential properties to the north and the commercial properties, and that if the property was placed in the EBD-2 District, it should be limited to professional offices or residential on the north side of Almond Street, not general commercial. Council Member Turville questioned the propriety of considering Mr. Langley's request at this time, and City Manager Saunders stated that the adjacent property owners had not been notified, so it would be considered the next time changes are made to the Comprehensive Plan. Mayor Pool then called for comments from those present. Don Tracy spoke on behalf of Glen Middleton, one of the property owners making the request, and stated that he had a contract to purchase the prop- erty from Mr. Middleton. He further stated it would be used as a professional office. No one else spoke for or against the request. Much discussion of the request ensued, and it was determined that the property could be changed from the NED-4 district to EBD-2, but that the property north of Almond Street and east of Bloxam Avenue should be restricted to residential or professional offices, and would give the needed transition zone from the C-2 area to the single family residential area. 88-115 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 195-M, AS AMENDED TO ADD THE RESTRICTION IN THE EBD-2 LAND USE DISTRICT TO INCLUDE THAT ONLY RESIDENTIAL OR PROFESSIONAL OFFICES WILL BE ALLOWED NORTH OF ALMOND STREET AND WEST OF BLOXAM AVENUE. INTRODUCTION OF ORDINANCE 196-M It was explained by City Manager Saunders that Ordinance 196-M would rezone the recently annexed parcel south of Dal-Don's from RR Rural Residential to C-2 General Commercial. 88-116 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 196-M. RESOLUTION #589 City Manager Saunders explained that a requirement of the City's 1972 Bond Ordinance pledged not only the utility fund revenues to the repayment of the debt, but also required the pledging of excise taxes as security for payment. Attached to the Ordinance are Exhibits "A" and "B", which are certifications that state the City now meets the requirements to release the excise taxes as security, and the 1972 bond issue will now be secured solely by the net revenue of the Utility Fund. By doing this the City will be in a better position for securing future financing needs. e e crTYOFCLERMONT MINUTES REGULAR COUNCIL MEETING August 9, 1988 Page -8- 88-117 After a brief discussion of the Resolution, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #589. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #593 City Manager Saunders explained that the City's Revenue Bond Issue requires that a Preliminary Utility Fund Budget be adopted at least forty-five days prior to the new fiscal year. The proposed Utility Fund Budget for fiscal year 1989 projects total revenues of $1,575,419 and total expenses of $1,451,229. The first public hearing on the City's budget will be held on September 7, 1988 and final adoption is scheduled for September 13, 1988. 88-118 A MOTION WAS MADEBY COUNCIL MEMBER DUPEE, SECONDED BY MAYOR PRO TEM TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #593 ADOPTING A PRELIMINARY UTILITY FUND BUDGET FOR FY 1988-1989. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. There being no further business or discussion, the meeting adjourned at 9:20 p.m. Attest: e, City C erk