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02-14-1989 Regular Meeting e e REGULAR COUNCIL MEETING February 14, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, February 14, 1989, 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 Tern Turville, Council Member Norquist, Council Member Dupee and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Planner 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 meetings held January 4, 1989, January 10, 1989, January 24, 1989 and January 31, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT SPRING SPRINT It was reported that if there were no Council obj ections, the fourth annual Spring Sprint Triathlon would be held March 25, 1989 at Jaycee Beach. There were no objections to the request. LAKE-SUMTER COMMUNITY MENTAL HEALTH It was reported that the City had received from the Board of County Commissioners and Lake-Sumter Community Mental Health a certificate of Public Convenience and Necessity regarding the ambulance service in Clermont. Unless the City has an objection, no response was necessary. After a brief discussion it was the consensus of Council that there was no objection. LAKE COUNTY WATER AUTHORITY City Manager Saunders stated that he was being considered for a position on the Land Acquisition Committee of the Lake Water Authority and asked Council if they would have any objections to his accepting the position if chosen. It was the consensus of Council that it would be a benefit to our area if Mr. Saunders was chosen. COUNCIL MEMBER DUPEE'S REPORT FLORIDA LEAGUE OF CITIES LEGISLATIVE CONFERENCE As a comment, Mrs. Dupee stated that she had attended the conference and during one meeting the new head of the Department of Transportation had blamed the mismanagement and overspending off the Department of Transportation on the department's computer. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL As the East Central Florida Regional Planning Council's - --- --- e e representative, Mrs Dupee gave a brief overview of her trip to Washington D. C. to attend a National Association of Regional Councils (NARC) Conference. Mrs. Dupee reported that she was particularly impressed with Raleigh, North Carolina's efforts to make a depressed area a model community. MAYOR POOL' S REPORT AZALEA PARK Mayor Pool stated that he had no report as such, but would like everyone to go down to Azalea Park and see all of the flowers in full bloom. NILSA WHITEHEAD'S REPORT PARKS AND RECREATION BOARD APPOINTMENT Mrs. Whitehead stated that she would like to have Christina Lindgren appointed to the Parks and Recreation Board. Miss Lindgren is a ninth grader at Clermont High School and a member of the Future Farmers of America and helped with the landscaping and construction of the planter at Bishop Field. Mayor Pool then appointed Miss Lindgren to the Parks and Recreation Board. VISITOR'S WITH BUSINESS JON JONES -:- REQUEST FOR A VARIANCE TO THE REAR YARD SETBACK REQUIREMENT FOR 375 EAST HIGHWAY 50 Mayor Pool asked if Mr. Jones or a representative was present to explain the variance request. No one was present and Mayor Pool then explained that Mr. Jones was requesting a variance to the rear yard setback requirement of 25' to 21' for his office building located at 375 East Highway 50. Mr. Jones constructed a deck on the rear of the building which does not meet the 25' setback requirement. It was further explained that a stop work order was issued while the deck was being constructed but Mr. Jones continued with the completion of the deck. The approved site plan and building plans did not include sliding glass doors or the deck in the building. Mayor Pool stated that he was particularly opposed to granting the request because Mr. Jones had blatently ignored the stop work order issued by the city. Mayor Pool called for comments from those present, and Cecil Smart stated that he was opposed to denying the request because there were other worse code violations which existed in the City. No one else spoke for or against the request. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER 89-021 TURVILLE. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 202-M City Manager Saunders explained that this ordinance would establish a local planning agency as required by the Growth Management Act of 1985 and would designate the city's Planning and Zoning e e Commission as the local planning agency for the city. The main responsibility of the local planning agency will be to direct the development of the City's Comprehensive Plan in accordance with the Growth Management Act and to hold public hearings for input during the development process over the next two years. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the proposed ordinance. Mayor Pool then read the ordinance by title only. After the reading, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 202-M DESIGNATING THE CITY'S PLANNING AND ZONING COMMISSION AS THE LOCAL PLANNING AGENCY FOR THE CITY. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. 89-022 NEW BUSINESS INTRODUCTION OF ORDINANCE 201-M City Manager Saunders explained that twice a year the City accepts requests for amendments to the Comprehensive Plan. Of the four proposed amendments, two were from property owners and two were Staff recommended changes. Mr. Saunders continued by stating that the procedure for introducing the ordinance would be that each proposed amendment would be addressed individually and could be removed from the ordinance prior to introduction should the Council view the change as not being in the best interest of the City. AMENDMENT #1 Ci ty Manager Saunders explained that this amendment was recommended by Staff and would change the land use designation of Lots 275 and 276 of Clermont Heights from NED-4 to EBD-2. The property is located north of Almond Street and east of Bloxam Avenue and would allow professional offices in that area. It was further explained that the criteria for the EBD-2 area would include a restriction to allow only residential or professional offices north of Almond Street. Mayor Pool then called for comments from those present and no one spoke in opposition to the proposed amendment. It was pointed out that the Planning and Zoning Commission at their public hearing had recommended approval of this amendment. After a brief discussion this amendment was left in the ordinance. AMENDMENT #2 It was explained that this amendment was being requested by Donald and Patricia McCaffrey who are asking for a change in the allowable density from eight units to twelve units per acre in the UD-2 land use district. The McCaffreys are asking for the greater density for property they own located west of the Highway 27 service road and south of Highway 50 adjacent to Cardinal's Oak Ridge Apartments. Mr. Saunders continued by stating that the City Staff was recommending denial of the request until such time as the data collection and analysis for the Future Land Use Element of the Comprehensive Plan is completed by the East Central Florida Regional Planning Council. The data is scheduled to be turned over to the City in June. All of the data, in addition to being a State requirement, is needed in order to make informed decisions -- e e regarding density changes within the city. Mrs. McCaffrey stated that in order to make apartment proj ect economically feasible on this site, the 12 units per acre density was needed, and that she did not think it was fair that she should have to wait until June of 1990 in order to make the request again. In response, Council Member Dupee stated that the City had a responsibility to do the best it could in making such decisions while following state rules concerning the Comprehensive Plan. The City has hired the East Central Florida Regional Planning Council and needs the information they will provide in order to make sound decisions concerning density. Mayor Pool called for comments from those present and Don Smith, Cecil Smart and Bob Richenberg favored the higher density because they believed a residential complex would be better than commercial strip development. Council Member Turville stated that the City was paying for good reliable information from the ECFRPC that would provide the data necessary to determine what type of density the City needed. He further stated that he believed the City should wait to see what the recommendations will be. Mayor Pool called for further comments and Mr. Howard Barry stated that he was opposed to any increase in density. Much discussion ensued concerning this request. Council Member Norquist asked what would happen if the City adopted the ordinance at the greater density and later found it went against the recommendation of the ECFRPC. City Manager Saunders stated that it would be very difficult to decrease the density after it was increased. Council Member Cole commented that the Cardinal Homes project with the higher density had been built prior to the present Zoning Ordinance's density requirements. Mayor Pool commented that he believed the density in the area would most likely increase, but that he did not want to jump the gun and grant the request before the information was received. Consideration was given to tabling this request until August at which time amendments would be considred. This would give the East Central Florida Regional Planning Council time to complete their study and provide the City with the information. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND 89-023 SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE SECOND AMENDMENT REQUEST AND REMOVE IT FROM THE ORDINANCE AT THIS TIME. AMENDMENT #4 City Manager Saunders stated that he would like to discuss the fourth request and this time and then item #3. He stated that the hospital had withdrawn its request for a change in density at this time, but still wished to change the land use designation from UD- 4 to UD-3. The property in question is located north of Grand Highway and west of Highway 27. Presently the western portion of the property is zoned R-3 and the eastern portion C-2. The C-2 zoned property is in the UD-3 area and the request is to include the R-3 zoned property in the UD-3 area. --- -- e e Pat Smith, the hospital administrator, explained that the hospital has future plans to develop the property as a complete health care facility which would include a hospital, congregate care and professional offices. City Manager Saunders further explained that the requested change would not be a permit for the hospital, but would allow the City to accept and consider a request for a Conditional Use Permit for the hospital to locate its new facility at this location. At the time the request for the Conditional Use Permit is filed all problems concerning the proposed facility would be addressed. Mayor Pool called for comments from those present and Don Smith stated that he was opposed to the request for several reasons. Among those reasons he ci ted a questionable need for such a facililty, the loss of tax base to the City, the steep topography of the land was not conducive to the construction of such facilities and would need large retention areas to keep runoff from the site going into Edgewood Lake to the west. Jane Thomas who lives at 661 Grand Highway expressed her concern for increased traffic if such a facility was built. Cecil Smart stated that he favored the request and that it was refreshing to hear that the hospital was planning ahead. Some further discussion ensued and Mr. Smith was asked how this particular site was chosen by the hospital. Mr. Smith stated that a team of consultants working for Hospital Corporation of American had recommended the site because of its availability, access and cost. Some further discussion of the request ensued and A MOTION WAS MADE 89-024 BY COUNCIL MEMBER NOROUIST AND SECONDED BY COUNCIL MEMBER DUPEE TO DELETE THE HOSPITAL I S REOUEST FOR THE INCREASED DENSITY AND TO ALLOW THE OTHER ITEMS TO REMAIN IN THE REOUEST. AMENDMENT #3 City Manager Saunders explained that this was a Staff recommended change and would include as permitted uses in the UD-3 area located north of Pitt Street: (1) tourist accommodations, (2) professional offices and (3) health care facilities. The UD-3 area now allows single and multi-family residential and retail sales north of Hunt Street. Mayor Pool called for comments and no one spoke in favor of or in opposition to the request. It was the consensus of Council to leave this amendment in the ordinance as stated. A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY 89-025 COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 201-M AS AMENDED. The final reading of this ordinance will take place during the second Council Meeting in May. At this point in the meeting Don smith stated that he would like to make a comment concerning the advertising procedures followed with regard to describing property in legal advertisements for changes in zoning or to the Comprehensive Plan. He asked if the City should be more plebian in its descriptions for the general public so they would know where the property was located. Council Member Turville stated that he would like this matter discussed at a future workshop. ......--. e e INTRODUCTION OF ORDINANCE 258-C City Attorney Baird explained that Ordinance 258-C would amend Ordinance 233-C which requlates the riding of skateboards on the streets and sidewalks in the city. Under the revised ordinance, skateboarding will be allowed on residential sidewalks, but not on those located in commercial districts. Skateboarding will not be allowed on any public streets or parking lots unless designated by the owner of the property. Clay Turville who was present asked if you could ride skateboards on the sidewalks surrounding Kehlor Park and he was told that he could. However, he could not ride on the sidewalk leading up to the building located at the park. After considerable discussion concerning the problems with skateboarding, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND 89-026 SECONDED BY COUNCIL MEMBER NOROUIST TO INTRODUCE ORDINANCE 258-C. The final reading of the ordinance will take place in thirty days. CHERRY KNOLL SUBDIVISION PLAT ACCEPTANCE Ci ty Manager Saunders asked that the plat acceptance be tabled until the next Council Meeting because some changes to the plat were being made. The matter was then tabled until the February 28, 1989 Council Meeting. CODE ENFORCEMENT BOARD APPOINTMENT City Manager Saunders explained that Mr. Nick Jones, a current member of the Code Enforcement Board, has a very busy schedule and has been unable to attend five out of the last six meetings. Under the statute concerning Code Enforcement Boards, the Council is required to replace any member who misses two out of three consecutive meetings. ' Mr. Saunders continued by stating that according to statute, it is recommended that certain professions be represented on Code Enforcement Boards, and that he had spoken with Mr. George Woods, a local architect, who would be willing to serve on the board. After a brief discussion of the appointment, A MOTION WAS MADE BY 89-027 COUNCIL MEMBER COLE. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO APPOINT MR. GEORGE WOOD TO FILL THE UNEXPIRED TERM OF NICK JONES ON THE CODE ENFORCEMENT BOARD. PUBLIC COMMENTS TREE ORDINANCE Don Smith asked if the City was working on a tree ordinance and stated that he would like for one to be adopted to prevent the indiscriminate cutting down of mature trees in the name of progress. City Manager Saunders stated that the City was in fact working on a tree ordinance and would be presenting a draft to the Council in the near future. CHAMBER OF COMMERCE BREAKFAST Cecil Smart invited the Council Members to the Chamber of Commerce Breakfast on Friday at 7:30 a.m. at the citrus Tower. -- e e SAND MINE Planning Director McAllister reported that he had attended the County Board of Commissioners meeting this afternoon and they had approved permits for the sand mine on the east end of Hook street. Much discussion in opposition to this action by the County Commission followed. PENSION BOARD MEETING City Manager Saunders stated that he would like to hold a Pension Board meeting at 7: 00 p.m. just prior to the next regularly scheduled Council Meeting. It was the consensus of Council to do so. There being no further business or discussion, the meeting adjourned at 9:15 p.m. ~~ Robert A. Pool, Mayo Attest: ~:~n~ity Clerk