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: