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06-07-1983 Regular MeetingCITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES June 7, 1983 This meeting of the Planning and Zoning Commission was called to order by Chairman Jack Sargent at 7:30 p.m, on Tuesday, June 7, 1983 in the City Council Chambers. The Invocation was offered by Pat Parker. ROLL CALL. Present: Henry Czech, Adelbert Evans, Debbie Gaines, Pat Parker, Nick Jones, Jack Sargent and Bob Thompson. Absent and excused: Aurelia Cole and Albert Fogle. Also present were City Man- ager George Forbes and Planning and Zoning Tecnician Marilyn George. ~ MINUTES of the previous meeting held May 3, 1983 were approved ~ as presented. The motion for approval was made by Mr. Evans and seconded by Mr. Jones. CONDITIONAL USE PERMIT. Mr. Forbes explained that W.G. Manage- ment had asked for a Conditional Use Permit (CUP) to build thirty six (36) dwelling units in nine (9) buildings together with improve- ments including a pool and a community building on a 3.341 acre site just north of Grandview Apartments. He stated that the site has a steep slope, and that he would recommend a density no greater than nine (9) units per acre. Bob Duggan spoke for the applicant, stating that all of the suggested conditions were acceptable to them, except the reduced density. Such a condition would mean the loss of six of the pro- posed units. Mr. Duggan stated that the problems associated with the topography had been worked out and that the site should be able to handle thirty-six units. Bob Farner, the project engineer, displayed a drainage chart of the site, and stated that all city and county drainage require- ments can be met. A discussion of drainage problems and requirements followed. Also discussed was the difficulty of turning around for garbage trucks and emergency vehicles. A motion was made by Mr. Evans, seconded by Mr. Jones, and unanimously carried, with Mr. Thompson abstaining from voting, THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO CITY COUNCIL THAT THIS CONDITIONAL USE PERMIT BE GRANTED, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. The density of development shall not exceed thirty (30) units. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 3. All applicable rules and regulations shall be met, includ- ing final site plan approval, landscaping, parking, sign regulations and all yard setbacks. 4. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 5. This permit shall expire if construction has not begun within one year of the date of this CUP. 6. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. 7. All drainage, including overflow devices, must be approved by the Lake County Pollution Control Director and the City Engineer. CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES June 7, 1983 Page two 8. A buffer strip of trees and hedges must be installed on the north property line, with a sprinkling system to main- tain same. 9. A sewer main must be installed to the north property line in accordance with plans approved by the Utilities Dir- ector and the City Engineer. 10. No water service shall be supplied until the assessment for the water line is repaid. Mr. Forbes asked Mr. Thompson to stop at City Hall to sign a Conflict of Interest form. CONDITIONAL USE PERMIT. The City Manager explained that Lawson Plumbing had requested a CUP to allow construction of an 11,250 square foot steel storage building on Lots 1 through 6, Block 125-A; Lots 14, 16, West i of 17, all of Lots 18 through 22, Block 111, Sunset Park. A CUP is necessary because manufacturing facilities over 7000 square feet are conditional uses in M-1 Industrial zones. He stated that he feels this project will be an improvement to the community, and point- ed out that the eight parking spaces now in use meet the requirements for the existing office and that the applicant states that there will be no additional employees. Jay Judy spoke for Lawson Plumbing, saying that some additional parking will be provided. A neighboring property owner, Ernest W. Collins, stated that he felt this project would be an asset to the neighborhood. Following a brief discussion of drainage on the site, a motion was made by Mr. Jones, seconded by Mr. Czech and unanimously carried THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO CITY COUNCIL THAT THIS CONDITIONAL USE PERMIT BE APPROVED, SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. The property must be developed in accordance with the approved site plan. 2. If, at a future date, parkinq at this site proves inadequate, the applicant understands and agrees that the City may re- quire more parking or rescind this CUP. 3. No further expansion of the use or additions to this facility shall be permitted except as approved by another CUP. 4. All applicable rules and regulations shall be met, including final site plan approval, landscaping, parking, and sign regulations. 5. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 6. This permit shall expire if construction has not begun within one year of the date of this CUP. 7. If any of the above conditions is violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 8. Slats shall be woven through the chain link fence on the north, east, and south property lines to buffer outdoor storage from public view and residential uses. REZONING REQUEST. Mr. Forbes explained that Aspen - Emerald Lakes Association, Ltd. had requested the rezoning of the following described property from R-1-A Low Density Residential to R-3 Residential/pro- CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES June 7, 1983 Page three fessional, and that mobile home parks are a conditional use in an R-3 zone. The property lies east of the existing park, south of Broome Street and West of Twelfth Street. It is bounded on the south by City-leased proper y. .Fred Morris, attorney for Emerald Lakes, stated that the re- zoning would not adversely affect the Comprehensive Plan of the City, and would provide a buffer between Commercial zoning to the north and R-1-A zoning to the south. There was some discussion concerning drainage, during which Mr. John Harder questioned the fate of the existing drainage ditch and Mr. Williams, engineer for Emerald Lakes, stated that the intent was to leave the ditch intact. A motion was made by Mr. Evans, seconded by Mr. Thompson and unan~.mously carried THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO CITY COUNCIL THAT THE REZONING REQUEST FROM EMERALD LAKES BE GRANTED. CONDITIONAL USE PERMIT. The City Manager described a request by Aspen - Emerald Lakes Association, Ltd. for a CUP to allow expansion of the mobile home park by the addition of thirty-two (32) units. He also suggested that a drainage plan be added to the site plan. There was a discussion of setback Street, and it was determined that the be encroaching on that setback. It wa most mobile home site be eliminated to ment, and Mr. Morris stated that there so. requirements from Twelfth site plan showed one unit to s suggested that the eastern- satisfy the setback require- would be no problem in doing Discussion concerned buffers and contours of the property. Mr. Joseph Z. Washuta questioned whether this would pave the way for more mobile home parks in the City, which he felt the City had been trying to discourage. He was told that mobile home parks are appropriate in some areas and not others, but that there had been no attempt to dis- courage this type of development. Mr. Sargent stated that he would recommend that vehicular access to Broome Street be limited. After further discussion, a motion was made by Mrs. Parker, sec- onded by Mr. Evans, and approved by unanimous vote THAT IT BE RECOM- MENDED TO CITY COUNCIL THAT THE CONDITIONAL USE PERMIT BE GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with the approved site plan. 2. No further expansion of the use or additions to the mobile. home park shall be permitted except as approved by another Conditional Use Permit. 3. All applicable rules and regulations shall be met, including final site plan approval, landscaping, parking and sign regulations. 4. This property may be used only as a mobile home park with a maximum of 31 units. Only one mobile home per lot is per- mitted, as shown on the site plan. 5. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 6. This permit shall expire if construction has not begun with- in one year of the date of this CUP. 7. If any of the stated conditions is violated, the applicant understands and agrees that the City may revoke this CUP by resolution. CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES June 7, 1983 Page four 8. There must be a minimum setback line of twenty (20) feet from the centerline of interior streets. 9. There must be a minimum setback line of twenty-five (25) feet from City streets. 10. Setbacks from lot lines on interior streets shall be five (5) feet minimum, except in the case of corner lots, in which case the setback shall be seven and one-half (7 z) feet on the side street. Rear; five (5) feet minimum. 11. There shall be a buffer strip along the rear and side property lines of the trailer park except where such property lines are common to street rights-of-way. 12. There shall be no vehicular access to Broome Street other than that shown on the site plan. 13. Proper drainage must be provided for this site. REZONING REQUEST. Mr. Forbes thanked Mr Tom Willis of the Lake County Bank for appearing at the meeting. He went on to explain that the first Evangelical Lutheran Church had requested that the property on Lots 12, 13, 14, and 15; Block 8; Ella Vista Heights be rezoned from R-2 Medium Density Residential to C-1 Light Commercial in order to allow the Lake County Bank to be constructed on this site. He stated that lines between different zoning classifications are best drawn on rear lot lines, and that this would not be the case in this situation. He suggested that R-3 Residential/Professional might be a better classification for the property in question. Mr. Willis showed a preliminary site plan, and stated that professional offices may be added on these lots under consideration. The sale of the property from the church to the bank is contingent on the rezoning. If the rezoning is granted, the drive-in facil- ity will be built immediately and the bank in about five years. There was a brief discussion among the members of the Commis- sion about the classification to be considered for rezoning. A motion was made by Mr. Evans, seconded by Mr. Czech and unanimous- ly carried THAT IT BE RECOMMENDED TO CITY COUNCIL THAT REZONING THIS PARCEL FROM R-2 TO C-1 BE DENIED, BUT THAT CITY COUNCIL CON- SIDER THE RECOr~MENDATION TO REZONE THIS PROPERTY FROM R-2 TO R-3 IN ORDER TO PRESERVE THE BUFFER SYSTEM. At 9:18 p.m. Mr. Evans moved that the meeting be adjourned. The motion was seconded by Mr. Thompson and inanimously approved. A brief training session followed, conducted by Mrs. Gaines. JOHN N. S RGENT, Ch irman ATTEST: /~ MARILYN G. GE RGE, P & Z Tic nician .. ,, _ ___ _ ___ --- - --- - _ ----- ___ _ _ _ __ _R~-CEiVED ,lam-~-4-198-_ -------- - - FORM 4 MEMORANDUM OF VOTING D .rLICT i.AST NAME -FIRST NAME - MIDDLB NARY YI AtiENCY i~ unit oL DATE ON WHICH VOTE OCCURRED Thompson,-Robert D. June 7 1983 _ __ _ ~ ---- -------- STATE ~---_---_._.- _ !olA1LING ADDRESS NAME OF PERSON BECORDiNG MINUTES ____ 1727 Bowman Street __ ^covNTY Marilyn G. George --- CITY ZIP- COUNTY TITLE OF FBRSON RECORDING MINUTES Clermont FL 32711 Lake ®MUNiCIPALITY Planning and Zoning Tech. NAME OF AGENCY ----- SPBCIFY lamming and Zoning COmm1SSlOri ^oTHER EMORANDUM OF CONFLICT OF INTEREST iN A VOTING SITUATION jReyuirtd 6y Florida Statutes §112.3143 (1979) j If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures tc> your special private gain or the apecial private gain of any principal by whom you are retained, please disclae the nature of your interest below: - 1. ,Description of the matter upon wWch you voted in your official capacity: I abstained from voting . The vote was on the recommendation to City Council to approve a Conditional Use Permit for construction of an apartment complex. 2. Inscription of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I am the real estate broker involved in the sale of the property in question. 3. Person or principal to whom the special gain described above will inure: a.® Yourself b.^ Principal by whom you are retained: L%'~JCf~C:~'- _ ~-(/~,~-~ _ __ (NAB) -^~._-T DATE ON WHICH FORM d WA9 N'ILBD W!T!I THE PERS<)N RESPONSlBL6 FOR RECORDING MINUTES OF THE IABI;TINO AT X ~ ~ WHICH THE VOTE OCCURRED: Robert D. Thompson - -. - -------~ G INSTRUCTIONS memorandum must be filed within fiftxen (15) days following the meeting during which the voting conflict occurred With the pers~>!: responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not br C-led merely to indicate the absence of a voting eon0ict. Florida Iaw permits but does not require you to abstain from voting when a conflicR of interest arises; if you vote, however, the conflict must be discaosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FL081DA STATUTES 4111.917 (1e79), A FAILURE TU MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY HE lUNISBEA BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUC'rlON IN SALARY, REfRWAND, OR A CIVIL PENALTY NOT TO EXCEED ea,000. E FORM { -REV. 1Z-70