Loading...
02-09-1988 Regular Meeting . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, February 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 Dupee, Council Member Huff and Council Member Cole. Other City Offic'ials 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 Workshop Meeting held January 19, 1988 and the Regular Meeting held January 26, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT THE INDUSTRIAL DEVELOPMENT COMMISSION OF MID-FLORIDA, INC. City Manager Saunders reminded the Council Members of the Development Workshop to be held at 8:00 a.m. on Wednesday, February 17, 1988 at Mission Inn in Howey-in-the-aills. Those members wishing to attend were asked to call Julie at City Hall by February 10, 1988. HIGHLANDER HUT City Manager Saunders reported that the City would soon be accepting bids for an air conditioning system for the Highlander Hut and that the replacement windows for the building had been ordered. He then stated that the double steel door in the building should be replaced with a single steel door due to problems with sealing properly, and asked Council if they wished to replace the door. It was the consensus of Council to have the door replaced. TRACTOR BIDS It was stated that the City had budgeted $11,000 to replace the existing tractor and mower now in use by the Parks Department, and two bids had been received for a Kubota L2250 Tractor with a 60 inch mower. Bids were received in the amount of $8,287 from Hood Tractor and $8,399 from Mid-Florida Tractor. Hood Tractor has met all of the specifictions, and it was recommended that the City accept their low bid. 88-021 After a brief discussion of the bids, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF HOOD TRACTOR IN THE AMOUNT OF $8,399 FOR A KUBOTA L2250 TRACTOR WITH A 60 INCH MOWER. COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that the East Central Florida Regional Planning Council had received three entries for awards from Lake County, and these included Orange Blossom Gardens in Lady Lake, The Plantation located south of Leesburg, and the downtown develop- ment project of the City of Eustis. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -2- COUNCIL MEMBER HUFF'S REPORT SOUTH LAKE COUNCIL FOR THE ARTS Council Member Huff reminded those present of the UCF Jazz Lab Concert to be held on February 27, 1988 in Jenkins Auditorium. General admission is $5.00 and reserved seats are $7.00. Tickets may be purchased at City Hall and from' members of the Council for the Arts. MAYOR PRO TEM TURVILLE'S REPORT C.A.R.L. COMMISSION Mayor Pro Tem Turville reported that he and his wife took a bus trip to Tallahassee to participate in the C.A.R.L. Commission hearings on the priority list for projects to preserve endangered land within the State of Florida. Mr. Turville cited some of the projects and their ratings, and stated that there were lots of projects but not enough money to fund them. MAYOR POOL'S REPORT CITYWIDE TREE PLANTING Mayor Pool stated that the tree planting had been rescheduled for Saturday, February 13, 1988. Those wishinA to participate were asked to meet at City Hall at 8:00 a.m. with their shovels and pails. There are fifty trees and seventy azaleas to plant. VISITORS WITH BUSINESS CHRIS GIACHETTI - CONDITIONAL USE PERMIT REQUESTS FOR COLONY SQUARE I AND COLONY SQUARE II TO ALLOW PERSONAL SERVICES AS PERMITTED USES Mayor Pool asked Mr. Giachetti, who was present in the audience, if he had any comments to make on the request. Mr. Giachetti stated that he agreed with the recommendations of the Plannin~ and Zoning Commission, and that he would be available to answer any questions the Council might have concerning the requests. Mayor Pool then asked City Manager Saunders to explain the requests. Mr. Saunders explained that amendments to the original Conditional Use Permits were being requested which would allow, in addition to retail sales and- professional offices, personal services such as beauty shops, barber shops, shoe repair shops, dry cleaners and photography studios. These types of businesses require the same amount of parking spaces as retail sales, so they would still meet the parking requirements for Colony Square I and II. The Planning and Zoning Commission at their meeting held February 2, 1988 unanimously recommended approval of both Conditional Use Permits, but expressed their concern over the deliveries being made to the type of business now located in Col~ny Square II. Due to the problem created at Colony Square II by large beverage trucks making deliveries and then backing out onto Highway 50, it was explained that a proposed condition had been added to the Condi- tional Use Permits which would provide for loading areas at both of the shopping centers. The eastern two parking spaces at Colony e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -3- Square II and the eastern three parking spaces at Colony Square I would be designated as "loading areas". After losing three spaces, Colony Square I will still have sufficient parking for professional offices. However, elimination of the two spaces at Colony Square II makes it deficient in that area, and it has been recommended that professional offices be eliminated in Colony Square II. Mr. C. Hooten, who was present in the audience, asked for clari- fiction of the request in that he did not understand what type of businesses were operating at the shopping centers and what types were being requested. Mr. Saunders stated that the original Conditional Use Permits restricted the types of businesses to retail sales and professional offices, but now they were request- to have professional services. 88-022 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #577 GRANTING A CONDITIONAL USE PERMIT TO ALLOW PERSONAL SERVICES AT 630-642 WEST HIGHWAY 50 (COLONY SQUARE I). THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. 88-023 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #578 GRhNTING A CONDITIONAL USE PERMIT TO ALLOW PERSONAL SERVICES AT 470-482 WEST HIGHWAY 50 (COLONY SQUARE II). THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. BOB WADE - REQUEST FOR A VARIANCE TO THE SIGN ORDINANCE TO ALLOW BANNER SIGNS AT 1101 EAST HIGHWAY 50 (BOB WADE FORD) Mr. Wade appeared before Council to request a variance to the Sign Ordinance to allow banner signs at his Ford Dealership. Mr. Wade stated that some type of banner sign has been displayed at his place of business since 1969, and he wished to continue to do so. He further stated that the banners and pennants were displayed in good taste and replaced every three to four months. The flags displayed on top of the light poles were under 30'. Mr. Wade stated that he would remove the signs on the fence and the American Flags, if they were offensive to anyone, but that he wished to continue to display the flags and pennants. Mr. Wade also stated that he believed he was "gr~ndfathered in" with regard to displaying banner signs. Planning Director McAllister presented the background concerning Mr. Wade's use of banner signs, and stated that the dealership was not "grand fathered in" with regard to the banner signs. Mayor Pool informed those present that the Sign Ordinance Committee was in the process of rewriting the Sign Ordinance, and that one of the goals was to try to keep a clean image throughout the City. It was pointed out that at the time the violation notice was sent to Mr. Wade, other businesses such as Wendy's were also asked to remove banner signs, and that the City was not just targeting Mr. Wade for his violation. Much discussion ensued on the subject of banner signs, and City Manager Saunders stated that the Sign Ordinance Committee, at this point in their discussions, felt that banner signs would only be appropriate for "Grand Openings" and should be allowed for a maximum of three days. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -4- Council Member Huff stated that he believed the City should stick with the present Sign Ordinance and that maybe when the ordinance is rewritten, i~ will make provisions for banner signs. , Council Member Turville stated that he believed the City should do away with all banner signs. 88-024 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST TO ALLOW BANNER SIGNS AT 1101 EAST HIGHWAY 50. BOB WADE - REQUEST FOR A VARIANCE TO THE STREETS AND SIDEWALK ORDINANCE TO ALLOW A 40' DRIVEWAY WHERE 20' IS ALLOWED Mr. Wade explained that he wished to construct a 40' access driveway on Grand Highway located where the present dirt road winds through his property f~om Grand Highway to the excavation site on the eastern city limits. Mayor Pool called for comments from those present, and no one spoke for or against the request. At this time there is no real curb cut to the property, and the County is in the process of widening and paving Grand Highway. Mr. Wade stated he wanted the 40' curb cut because eventually the property would be developed as commercial and multi-family and the present dirt road would be paved and used as a main street in the development. Much discussion of this request ensued. It was pointed out that a 40' access driveway is only permitted for commercial development, and since there is no commercial development on the property at this time, the only legal driveway would be one 20' wide to reach the log house located on the property. Council Member Turville stated that he believed the 40' driveway should not be allowed until Mr. Wade presents a legitimate develop- ment request to the City. With regard to Mr. Wade's statement concerning paving the existing dirt road, City Attorney Baird pointed out that a 40' curb cut would not be large enough for a street. Planning Director McAllister stated that the St. Johns River Water Management District had approved locating the dirt road between the two sections of Jack's Lake, but there would be environmental problems if it were paved. Council Member Dupee stated that she believed that it would be pre- mature for the City to grant the 40' access considering that the City does not know how the property will be developed. 88-025 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO DENY THE VARIANCE REQUEST TO ALLOW THE 40' ACCESS DRIVWAY ON GRAND HIGHWAY. COUNCIL MEMBERS COLE, DUPEE, TURVILLE AND HUFF VOTED TO DENY THE REQUEST AND MAYOR POOL VOTED AGAINST THE DENIAL. BOB WADE - REQUEST FOR A VARIANCE TO THE EXCAVATION CODE TO ALLOW IN EXCESS OF TWO FEET OF FILL TO REMAIN ON THE SITE NORTH OF QUINCY'S City Manager Saunders explained that without a development permit, only two feet of fill was allowed on the site. Mr. Wade was brought before the Code Enforcement Board for violating this code. Although . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -5- work has been done on the site, in some places in excess of three to five feet of fill s'till remains on approximately 3/4 of an acre. Mr. Wade stated that he was asking for the variance to the excavation code because he wished to leave the existing fill as it is and to seed the area because no runoff is occurring to the sensitive areas of the site. Much discussion ensued concerning the work done on the site. Council Member Turville asked Mr. Wade why he did this to the site because he had been advised before that he could not place in excess of two feet on the property. Mr. Wade stated that he had no time frame for doing the site work, and that he had calculated that he could place 90,000 square feet of fill over 90 acres according to the City Code, and that he was adjusting the property as he saw fit from a business standpoint. Mayor Pool then asked Mr. Wade if it was his intent to place more fill on the site. Mr. Wade stated that it depended on the Council's decision if he could leave what was there. Council Member Huff asked what it would entail to get a development permit for the property. City Manager Saunders stated that it would require the Site Review Committee and the City Engineer's approval of a plan drawn up by a registered engineer because this is an environmentally sensitive area and the City needs to be sure that the site work will not harm the surrounding property. Council Member Turville stated that he believed that the Code Enforcement Board had, in as long as he could remember, only made four referrals to the City Council for variances, and that all four had been made for Mr. Wade. Mr. Turville further stated that he believed that getting a variance from the excavation code requirement was like "ticket fixing" and it appeared the City was developing a second standard and he was not interested in doing that. In conclusion, Mr. Turville stated that he believed that too much time had gone by, and in view of past performances concerning reclamation and the problems with blowing and shifting sands on the site, a development permit was needed. Planning Director McAllister stated that he believed that the work being done on the site required a development permit, but that in essence, Mr. Wade was requesting a variance from obtaining the required permit, and he did not know if legally he could do this. City Attorney Baird then stated that Mr. Wade does have more fill than allowed, and the Code Enforcement Board told him to take it out. He further stated that he believed Mr. Wade was not trying to circumvent the development process, but because the fill had not experienced any runoff, he was asking for the a variance to leave the excess in place. Mr. Baird stated that legally Mr. Wade had the right to apply for the variance, because he is in violation of the excavation code, and the variance would remove that violation, and at this time Mr. Wade is not prepared to present a development plan to Council. Mr. Baird continued by stating that Mr. Wade is contending that common sense dictates that eventually the area will be developed and there may be 10' of fill placed on the site with the development permit, so why make him remove it at this time, if there are no adverse effects from the excess fill. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -6- 88-026 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE TO DENY THE VARIANCE REQUEST. Mayor Pool called for clarification of the motion and asked what denial of the request would do. City Attorney Baird stated that denial of the variance would result in the Code Enforcmen~ Board enforcing the two feet requirement and Mr. Wade would have forty-five days from the Code Enforcement Board meeting to comply by spreading the excess fill to a height of no more than two feet over the site. Mr. Wade then asked what kind of a time frame he would have to level the piles of dirt, if and when, he decided to place more fill on the property? City Attorney Baird stated that this was not revelant to the matter at hand, but that he would be given a reasonable amount of time to spread the fill over the site before the Code Enforcment Officer would issue a violation notice. Council Member Turville called for the question, and THE MOTION CARRIED BY A THREE TO TWO VOTE WITH COUNCIL MEMBER HUFF AND MAYOR POOL VOTING AGAINST DENYING THE VARIANCE REQUEST. INTRODUCTION OF ORDINANCE 193-M - AN ORDINANCE AMENDING THE CITY OF CLERMONT COMPREHENSIVE PLAN City Manger Saunders explained that this ordinance would amend the City's Comprehensive Plan, and the first Council Meetings in February and August had been established as the two dates per year when the Council would consider requested changes. " Mr. Saunders explained that the first request was being made by Richard and Phyllis Oliver who reside at 1754 Morning Drive. The Olivers requested that Lot 23 of Alta Vista Subdivision be changed from ERD-l to ERD-6. Permitted uses for ERD-l are single family detached residences. Property within and surrounding the subject property is basically an R-l and R-lA. The ERD-6 designation would allow single family and duplex development, and if the Olivers had their property rezoned to R-2, they would be able to construct a kitchen and bedroom addition on their existing home. The Staff has recommended denial of this request, as did the Planning and Zoning Commission during their meeting held February 2, 1988. Under discussion, the Olivers stated that they wished to build the addition to their home to allow elderly par.ents to live with them. City Manager Saunders stated that they could build an additional bathroom and bedroom, but the addition of a kitchen constituted the construction of a duplex and was not allowed in the R-l Zoning District. Mayor Pool called for comments from those present, and no one spoke for or against this request. 88-027 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DELETE THIS REQUEST FROM ORDINANCE 193-M. City Manager Saunders explained that the the second request for an amendment was being made by Walter Poynter, and the property in question was owned by Marilyn Langley. It is being requested that the property be changed from Land Use Designation ERD-l to ERD-6 ." .! e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING Febr.uary 9, 1988 Page -7- and that the text of the criteria of ERD-6 be changed to allow multi-family development as a Planned Unit Development. This change would allow up to eight units per acre under a Planned Unit Develop- ment. This six acre site is located in the same area as the first request and is zoned R-lA. Mr. Bob Thompson appeared before Council on Mr. Poynter's behalf' to present the request. Using overlays over a proposed site plan, Mr. Thompson first showed what the multi-family development of townhomes would look like versus a development of single family homes, and stated that if the property was developed as single family homes, 60 - 70% of the existing trees would be lost due to the positioning of the streets and homes. If they were allowed to develop the property under a PUD with the higher density, the trees could be saved. Mr. Thompson presented statistics concerning traffic counts for both types of development, and the trips out of the subdivision for single family development were 48.6 per day, as compared to 46.8 per day for the townhouse development. Mr. Thompson also pointed out that economically, it would not be feasible to construct $130,000 single family homes overlooking the existing trailer park to the east of the site. After this presentation, City Manager Saunders stated that the worst possible scenario had been presented concerning the single family subdivision, and that the Council could grant a Planned Unit Development under the current Comprehensive Plan criteria that would allow some unique roads and lot sizes to save the trees. However, Mr. Saunders then pointed out that the Council's present concern was the land area and the future of that area, not the specific type of development. Mayor Pool then called for a public hearing on the request. The following people spoke against the proposed change from ERD-l to ERD-6: Mr and Mrs. Edward Whitehead, Adelbert Evans, LaVerne Ruona, Al Ruona, C. Hooten, Mr. and Mrs. William Misuraca, John Fleming, Fred Sanders, Millard Coggshall, Mr. and Mrs. Joe Wiebush, Lynn Wurst, Sue Wood, and John Grimshaw. Mrs. Dupee stated that she had received a call from a Mrs. Dyson who also was opposed to the request, and Council Member Cole stated that he had four calls expressing opposition. Petitions signed by property owners in the area opposing the request were also presented to Council. Various reasons were cited for opposing the request, among them: increased density, changing the Future Land Use Map, downgrading, increased traffic, and spot zoning. Most of those speaking wished to maintain the integrity of the Lakeshore Driv~ area, which is, for the most part zoned R-lA. Pat McCaffrey, Mrs. Hall and Don Wurst spoke in favor of the request. The Planning and' Zoning Commission unanimously recommended denial of the request at their meeting held February 2, 1988. Under Council discussion, Council Member Turville stated that if the request was approved, it would change the land use for the entire designation, and he felt that the residents did not want this change. Council Member Huff stated that he felt that this was not the time to address this request. , I e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 9, 1988 Page -8- Council Member Dupee stated that she had spoken with "Jeff Jones of the East Central Florida Regional Planning Council concerning the request and relayed some of his concerns should the request be approved. 88-028 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DELETE THE SECOND REQUEST FROM THE ORDINANCE. By deleting the two items from the ordinance, Ordinance 193-M was effectively denied introduction. INTRODUCTION OF ORDINANCE 256-C City Manager Saunders explained that this ordinance would amend the City's current Zoning Ordinance to include definitions of development, improvements to land, and agriculture; and add to the General Provisions under Building and Development Permits a statement that "all development as defined herein shall be required to obtain a development approval prior to initiating development activity". Mr. Saunders continued by stating that any type of activity on a piece of property, whether it be earth moving or regrading or placement of roads or any other type improvement to the land, would require a site review under our Site Reviewl Committee and a development permit issued prior to any work being done on the site. The proposed provision is being added to the Zoning Ordinance to help eliminate some of the previous problems we have experienced and give the City better control over all development within the city limits. 88-029 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE 256-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. A Public Hearing on this ordinance will be held in four weeks. PLANNING AND ZONING COMMISSION APPOINTMENT It was explained that Ron Carden had resigned from the Planning and Zoning Commission and that an appointment must be made to fill his one year unexpired term. City Manager Saunders stated that Rob Mitchell, a member of the City's Parks and Recreation Board, had expressed a desire to serve, and Mayor Pool stated that he would like the Council to consider the appointment of Carlos Solis. Planning Director McAllister stated that he was in favor of the appointment of Rob Mitchell to the position. . 88-030 Council Member Dupee placed Mr. Mitchell's name in nomination, and the nominations were closed. MR. ROB MITCHELL WAS UNANIMOUSLY APPOINTED TO THE PLANNING AND ZONING COMMISSION TO FILL THE ONE YEAR UNEXPIRED TERM OF RON CARDEN. PUBLIC COMMENTS Council Member Cole expressed his concern that there had been more than thirty breaking and enterings in the Lincoln Park area during the past six months, and asked that something be done about the situation. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING' February 9, 1988 Page -9- City Manager Saunders explained that the City had experienced a dramatic increase in this type of criminal activity, and that city- wide during the past six months 69 breaking and enterings had occurred. The City has one detective, and one patrol officer to cover the east half of the City, and they were working diligently to solve the problem. Mr. Saunders also pointed out that other cities in Lake County. and the surrounding areas were experiencing the same problems. Mr. Saunders stated that he would speak with Chief Tyndal concerning this matter. Juanita Harris, who lives in Lincoln Park, stated that the Lincoln Park area needed more street lights, and asked that the City give consideration to having them installed. City Manager Saunders stated that the City should reassess the need for more street lights throughout the City because several years ago, during the energy crisis, about half of the lights within the City were removed. " There being no further business or discussion, the meeting adjourned at 9:55 p.m. ~ c:)~~ ,~ Pool. Mayor Attest: