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05-27-1980 Regular Meeting e . . e CITY OF CLERMONT MINUTES REGULAR MEETING A regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 27, 1980. The meet- ing was called to order by Mayor Claude E. Smoak, Jr. at 7:30 p.m. with the following Councilmen in attendance: Carlisle Byrd, Lester Cole, and Dennis Thomas. Other City Officials present were City Manager Forbes, City Attorney Baird, Finance Director Saunders and City Clerk Rozar. The Invocation was offered by Councilman Byrd, followed by repeating of the pledge of allegiance by all present. The Minutes of the Regular Meeting held May 13, 1980 were approved as presented. VARIANCE REQUEST: Margaree Subdivision 80-80 The City Council acting as a Board of Adjustment, considered a request by Bob Hester in order to construct roadside swales on the streets of the proposed Margaree Gardens Subdivision, whereas curb and gutter streets are required. Mr. Hester stated that this land is well suited for swales since it has excellent percolating soils, and being relatively flat will not cause accelerated runoff and erosion that could occur with parcels of extreme elevation variations. He stated further that this practice assists in the protection of our clean water. Mr. John Springstead, City Engineer recommended that the City should adhere to the Code of Ordinances, and stated that roadside swales often introduce several main- tenance problems. Maintenance of swales is difficult to control since the construction and grading of individual lots often damage the swales, and driveway culverts must be set properly to conform to the drainage design. The overall appearance of a street with swales is affected more by different degrees of homeowner maintenance than on a curbed street. Mr. Hester stated that this subdivision would be of such caliber and have such strict covenants governing the maintenance of swales that the above problems would not be a factor. Mr. Springstead stated that swales can be successful if constructed and maintained properly. It was recommended that the Subdivision Ordinance be reviewed con- cerning swales as well as curb and gutter streets to provide parameters for the construction of swales, at the City's option. It was determined there was no particular hardship warranting a variance, however, there is sufficient evidence that swales can be adapted efficiently and should be presented to the Planning and zoning Commission for consideration. A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE REQUEST BE TABLED UNTIL THE NEXT MEETING AND REFERRED TO THE PLANNING AND ZONING COMMISSION FOR STUDY AND RECOMMENDATION TO COUNCIL. CONDITIONAL USE PERMIT: 151- 161 East Minnehaha Avenue Lake Highlands Nursing Home City Manager Forbes spoke concerning the conditional use permit, stating the Nursing Home had revised their site plans as requested by the Planning and Zoning Commission and had met the specifications proposed by them. He rec- ommended the request be approved,with eight (8) conditions e e . e CITY OF CLERMONT MINUTES REGULAR MEETING that must be followed, outlined by the Planning and Zoning Commission as listed: 1. Parking: The grass parking to the South of this development will be paved within 180 days if de- termined by the City Council at a later date, that the intensive use of these parking areas require paved parking. Any work on property zoned R-l-A must conform to the City's Zoning Ordinances. 2. A Sidewalk must be constructed to City standards by the owner around the entire Nursing Home. 3. All applicable Regulations and Ordinances be met. 4. The use not be expanded except with a Conditional Use Permit. 5. All conditions prior to the issuance of a Certi- ficate of Occupancy. 6. Since the proposed building is very close to or attached to the existing buildings, the existing facilities must conform to the standards of the Fire + Life Safety Portions of the Southern Standard Building Code. 7. The present building be facelifted as shown on the Architect's Conceptual Plans. 8. The visual appearance of the Shed to the South of the property be upgraded in appearance. Mr. Herbert Rogers spoke relating the desire of the Nursing 80-81 Home for the permit. A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE CONDITIONAL USE PERMIT BE GRANTED. VARIANCE: 1728 Nita Place, Mr. Vernon Gill City Manager Forbes explained the request for approval to locate a house at the seventy foot building line, whereas 100' is required. He commented the lot size meets the re- quirements for the zoning Ordinance, and a home could be placed farther back on the lot to meet the zoning setback requirements, however, this would require the home to be placed closer to the canal, and would not conform to the City's flood regulations. It would not be possible for a home to meet these requirements if it were placed farther back on the lot, and many other lakefront owners have received variances for these same reasons. Mrs. Boyd stated her only opposition would be the encroachment of any lot on Point Place. She stated Lakeshore Drive would be the only access to the lot because Nita Place is a private drive. 80-82 After much discussion, A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE VARIANCE BE GRANTED SUBJECT TO THE DETERMINATION OF THE LEGAL ACCESS OF THE PROPERTY BY NITA PLACE. -2- e . . e CITY OF CLERMONT MINUTES REGULAR MEETING VARIANCE REQUEST: 220 Disston Street, Mr. Jerry Meilan 80-83 A request was received from Mr. Jerry Meilan for the construction of a screened room that would penetrate 5' 6" into the re quired 25' rear yard setback. After some discussion, A MOTION.WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE. ORDINANCE NO. 206-C 80-84 80-85 City Manager Forbes gave a brief summary of the history of this ordinance, explaining the transition zones and the recommendations of the Planning & Zoning Commission. Mr. Jim Adamson of Blue Goose Growers presented the views of that company requesting the area encompassing their property be zoned M-l. After extensive discussion, A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED TO AMEND ORDINANCE NO. 206-C TO ZONE THE PROPERTY UTILIZED BY BLUE GOOSE FROM R-3 TO M-l. A request was made by Bell Ceramics to postpone any action concerning that property until the second meeting in June. A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY MAYOR SMOAK AND UNANIMOUSLY CARRIED THAT THE HEARING BE CONTINUED UNTIL THE DATE REQUESTED BY BELL CERAMICS AND THAT THE ADOPTION OF ORDINANCE 206-C BE TABLED UNTIL THE SAME DATE. ORDINANCE NO. 208-C, FINAL READING AND ADOPTION 80-86 80-87 80-88 80-89 City Manager Forbes explained this Ordinance and recommended changes as listed in his May 23, 1980 memo. After extensive discussion, A MOTION WAS MADE BY COUNCILMAN COLE AND UNAN- IMOUSLY CARRIED THAT A MOBILE HOME PARK BE REQUIRED TO ENCOMPASS AT LEAST A TEN (10) ACRE PARCEL OF LAND. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT SHOPPING CENTERS BE DEFINED AS ANY GROUP OF FIVE OR MORE BUSINESSES WITH SHARED PARKING OR IN WHICH THE TOTAL LAND AREA OF THE DEVELOPMENT EXCEEDS FIVE ACRES. A MOTION WAS MADE BY MAYOR SMOAK, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT, UNDER CONDITIONAL USES IN THE C-2 ZONE, AGRICULTURALLY RELATED BUSINESSES BE INCLUDED. Ordinance No. 208-C was read by Title only and a MOTION WAS MADE BY COUNCILMAN THOMAS AND SECONDED BY COUNCILMAN COLE TO ADOPT THIS ORDINANCE AS AMENDED AS STATED IN THE CITY MANAGER'S ZONING AND SIGN ORDINANCE MEMO, DATED MAY 23, 1980 WITH THE ABOVE CHANGES. COUNCILMAN BYRD VOTING AYE AND MAYOR SMOAK VOTING AYE, THE MOTION WAS UNANIMOUSLY CARRIED. -3- e . . e CITY OF CLERMONT MINUTES REGULAR MEETING CITY MANAGER'S REPORT CRIME CLEARANCE The City Manager stated the Uniform Crime Report for the month of April shows the City's clearance rate for crimes at 60% and the recovery of stolen property at 80% for the month. He commended Chief Tyndal and the Police Department for their outstanding job performance. MAYOR'S REPORT 80-90 Mayor Smoak recognized the candadites for the Council Seat to be filled at the Special Election of June 10, 1980. He recommended a factual presentation be published in a local newspaper of the position the Council has officially taken stating the facts considered in making this decision regard- ing the Marshland Alternative. A MOTION WAS MADE BY COUNCIL- MAN BYRD, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CAR- RIED THAT THE CITY MANAGER PREPARE A PRESENTATION FOR THE PRESS SUMMARIZING THE FACTS CONSIDERED IN THE CITY COUNCIL'S DECISION IN PURSUING THE MARSHLAND ALTERNATIVE FOR EFFLUENT DISPOSAL. Mayor Smoak also requested the prevailing candidate be sworn in the night of the Town Hall Meeting if possible. COUNCILMAN BYRD Councilman Byrd stated our legislative representatives should be notified of our concern for the completion of the widening of highway 50 and other persons that could persuade DOT. COUNCILMAN THOMAS Councilman Thomas commended the swim program and their efforts. ORDINANCE NO. l26-M - VOLUNTARY ANNEXATION 80-91 Mayor Smoak related the request that Richard Swann submitted for annexing property located just south of the Lakeview Hills Subdivision. Since the owners have now filed appli- cations to rezone the abutting properties to single family, they now wish to proceed with the annexation. After dis- cussion, it was clarified that annexing this property would have no effect on whether the county or city will rezone it. THE ORDINANCE WAS READ BY TITLE ONLY AND INTRODUCED BY MAYOR SMOAK FOR FIRST READING. COMPUTER PURCHASE 80-92 Mayor Smoak spoke, relating the need for the computer and conveying the investigation of the Finance Director in making a decision on the NCR 8150... After some discussion, A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE CITY ACCEPT NCR'S PROPOSAL FOR AN NCR 8150 MINI-COMPUTER. The meeting was adjourned at 11:10 p.m. -4- e . ~dl2< () ~ ANDRA O. ROZA, ITY CLERK CITY OF CLERMONT MINUTES REGULAR MEETING June 10, 1980 -5- . e Cts~v~(<:;L CLAUDE E. SMOAK, JR. - MAYOR