06-01-2004 Regular MeetingCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
The meeting of the Planning & Zoning Commission was called to order Tuesday,
June 1, 2004, at 7:00 p.m. by Chairman David Pape. Members present were
Maggie Miller, David Lange, Roger Pierce, Henry Rhee, Carolyn Mathieson,
David Outlaw. Richard Tegen and Sy Holzman. Also in attendance were Barry
Brown, Director of Planning, Curt Henschel, Planner, Sharon Farrell, Planner,
and Jane McAllister, Planning Technician II.
MINUTES of the Planning and Zoning Commission meeting held May 4, 2004
were corrected by replacing the name David Pape with David Outlaw on page 6,
the 4th paragraph from the bottom. The minutes were approved as amended.
REPORTS
Commission Member Miller noted that the addendum to the April 2004 minutes
submitted by her at the May meeting was not forwarded to the City Council.
She went on to read into the record a report authored by her. In the report
Commission Member Miller asked that the approval granted by the City Council
for the Messy Dog project be set aside and readdressed after they have the
benefit of being more completely informed on the matter citing that staff had not
provided a copy of the addendum to the City Council.
• There was discussion among the Commissioners as to how to address this
report. It was decided to table it until the end of the meeting.
REQUEST FOR CONDITIONAL USE PERMIT
APPLICANT: E. W. Griffith
OWNER: Family Christian Center
REQUEST: To amend existing CUP to allow for a Kindergarten through 12th
grade school and a Pastor's college.
LOCATION: 2500 S. Highway 27
EXISTING LAND USE: Church
FUTURE LAND USE DISTRICT: Undeveloped District 8 (UD-8)
FUTURE LAND USE CLASSIFICATION: Residential
• ZONING: R-1-A, Single Family Low Density/Residential
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
Planner Curt Henschel introduced this request by saying that the applicant
requests an amendment to the existing church CUP for the expansion of
educational programs. The educational programs will include kindergarten
through 12th grade and a college for pastors.
Currently the church is permitted to operate apre-school program through the
existing CUP. With the rapid growth that the church has experienced there has
been a demand for additional educational programs.
The immediate goal is to open a kindergarten through 6th grade program at the
beginning of this new school year 2004/2005. The school will be held in the
existing worship facility that already contains classrooms. They anticipate
opening with 60 students including the students in pre-school.
A Pastors college facility is planned for a later date as the master site plan is
developed, However, the church would like to include this request with the
educational programs at this time. Staff recommends approval of the stated uses.
Curt Henschel added further that the church would have to go through site review
and it would be determined then if there was adequate parking and drop off
space.
• Edward W. Griffith, 15009 Green Valley Blvd., Clermont, FL 34711 was sworn in
and said that the local schools are overcrowded and that they hope to relieve that
somewhat.
In addressing the concern with drop off of children Mr. Griffith mentioned that on
Friday, Saturday and Sundays there are 1,500 people attending church at the
facility and there are no problems. He said the school will start with 60 children
including the pre-school and kindergarten through 5th grade rather than 12th
grade.
Commissioner Holzman asked if there were going to be school buses dropping
children off.
Mr. Griffith said there would be no buses.
Commissioner Holzman expressed concern about parents who are dropping
children off and making a left turn from Highway 27 in to the school and those
making a left turn on to Highway 27 from the school. He asked if there was a
traffic light planned for that intersection.
Barry Brown said that there was no light planned at this time, but in the future as
• the area develops there likely would be a light.
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
Commissioner Pierce asked if it was a long term goal of the church to have their
school go from kindergarten through 12th Grade and if so was there a master
site plan for such a school.
Mr. Griffith showed those present the master site plan with all of the future
structures.
Commission Member Pierce said he sees a second entrance/exit off of Highway
27 in the conceptual plan, but not on the plan presented for this CUP. He asked if
it should be addressed in this CUP.
Barry Brown said that one entrance handles all the current traffic and that it
should be adequate until the church adds additional buildings.
Commission Member Mathieson commented that the church handles the traffic in
an orderly manner, however she added that the intersection of Steve's Road and
Highway 27 is dangerous.
Commission Member Miller stated that she shares the concerns of other
members in reference to the traffic. She went on to commend the church for their
• rapid development. She asked if the Pastor's college would be a residence.
Mr. Griffith replied that eventually it would be a residence.
Commission Member Tegen asked if the CUP required sidewalks along Highway
27.
Barry Brown said that according to Section 3, Item #20 of the CUP a sidewalk
must be installed.
Commission Member Rhee asked if food would be served at the school.
Mr. Griffith said that it would, but that it would be catered in.
Commission Member Rhee asked if there would be a school nurse.
Mr. Griffith said there would not be a nurse at the school, but added that the
hospital was in very close proximity to the school should the need arise for
medical attention.
Commission Member Holzman moved to amend item number 23 under
Transportation Improvements by adding "Until such time as signalization is
improved for the intersection of Highway 27 and Steve's Road traffic exiting shall
be right out only during school drop off and pick up hours':
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
There was discussion about this motion and the potential safety hazard it would
cause at Highway 27 and Johns Lake Road.
There was no second to the motion.
Commission Member Pierce commented that he does not like the way the
parking lots are laid out, that it was a safety hazard to have the parents park in
the lot and have the children running out between other cars to get to them. His
advice to the applicant was to wait and plan a better drop off and pick up area.
Commission Member Mathieson moved to approve the request; seconded by
Commission Member Miller. The motion passed with all members present voting
"a ye„
2. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT & OWNER: Bradley and Kelli R. Pinkerton.
REQUEST: To allow seven dogs to be kept at a residence rather than the five
allowed by code.
• LOCATION: 1144 Linden Street
EXISTING LAND USE: Single Family Home
FUTURE LAND USE CLASSIFICATION: Residential.
EXISTING ZONING: R-1, Residential.
Planner Sharon Farrell introduced this request by saying that the applicants
parcel is located in the Indian Hills Subdivision; the lots as platted in 1926 are
fifty feet in width and 150 fedlin depth. The property is currently zoned R-1.
Household pets are considered as an accessory use and are permitted in all
districts, subject to the Clermont Code. Ordinance Number 318-C, adopted in
January 2002, established that it shall be unlawful for anyone who resides in the
City of Clermont, to harbor more than five animals over the age of four months at
any one time, except where a Conditional Use Permit, authorizing keeping of a
greater number of animals is granted by the Clermont City Council. The applicant
is requesting a CUP to keep seven animals (dogs) on site.
The applicant has lived at this location since 1999. Five of the animals are the
small breed known as Dachshunds and two are medium size mixed breeds. The
two mixed breed dogs are of geriatric age. The animals are housed within the
single family structure.
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
If the proposed Conditional Use Permit is considered temporary in nature, with
the condition the CUP shall expire at such time the number of dogs is reduced to
five through attrition, staff can support the request, Staff recommends that the
property be inspected by Code Enforcement personnel on an annual basis.
The applicant Bradley Pinkerton, 1144 Linden Street, Clermont, FL was sworn in
and said that most of the dogs are of a small breed. He added that no violations
have been issued by Animal Control and the dogs are kept inside the residence
most of the time. If the dogs are outside in the fenced in yard and start barking
they are brought in. He said that two of the dogs are very old and are not
expected to live more than another year or so.
Commission Member Tegen asked how long Mr. Pinkerton has had the 7 dogs
and when he became aware of the City Ordinance allowing only 5 pets.
Mr. Pinkerton said he has had the seven dogs for approximately one year, and
became aware it was against City Code when he was informed by Animal
Control.
Commission Member David Outlaw asked if there were any reports of dog bites
• or if the Pinkerton's were breeders.
Mr. Pinkerton assured the Commission there have been no dog bite issues, and
he is not a breeder.
Commission Member Holzman moved to approve the request; seconded by
Commission Member Mathieson. The motion passed with all members voting
"aye„
3. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT :James R. Buttram
OWNER: Highlander Industries, Inc., Charles Russ
REQUEST: To allow the operation of a truck rental facility.
LOCATION: 1991 S. Highway 27
FUTURE LAND USE DISTRICT: Undeveloped District -2 )UD-2)
FUTURE LAND USE CLASSIFICATION: Commercial.
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
EXISTING ZONING: C-2, General Commercial.
Planner Curt Henschel introduced this request by saying that the applicant
intends to renew the existing CUP for a truck rental facility. On July 2, 2002 the
applicant obtained a conditional use permit to operate a truck rental facility at
1991 South Highway 27. The existing CUP was valid for a two year period and
has an expiration date of July 2, 2004. The applicant wished to continue the
existing business as a truck rental facility without any changes to the existing
CUP.
The applicant would also like approval in perpetuity, so he will not have to return
in another two years for an additional conditional use permit.
Joyce Buttram, 1711 Nita Place, Clermont, FL., was sworn in and said that she
would answer any questions about the operation of the truck rental facility. She
also mentioned that when the trucks are returned they are checked in and moved
to the back lot as quickly as possible.
Commission Member Holzman asked if staff was in favor of allowing the
applicant to remain at the site in perpetuity rather than keeping the 2 year time
• limit.
Staff did not have a recommendation.
Commission Member Pierce said that he has driven by the site several times and
has observed that he can see the trucks in the yard from Highway 27. He
mentioned that the CUP calls for an opaque fence and that the vehicles be
parked behind it.
Barry Brown explained that the intent of this condition was that the vehicles be
stored within the fenced area and not in front of the building along Highway 27.
He stated that there are plantings around most of the chain link fence which
obstruct view of the trucks.
Commission Member Rhee asked if the trucks were serviced at this location.
Mrs. Buttram replied that the fluids and tire pressure are checked and fluids are
added if needed. That is the extent of any service to the vehicles.
Commission Member Tegen noted that most of the time the trucks are put away
in the fenced area except once in a while on the weekends when someone
returns a truck.
•
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
Commission Member Holzman moved to strike item 2, in Section 2 of the CUP
which limits the CUP to a fwo near period; seconded by Commission Member
Lange.
Commission Member Pierce stated that a lot is happening on Highway 27 and he
does not wish to allow this conditional use to continue in perpetuity.
Commission Member Holzman pointed out that if someone wanted to buy the
property in the future for another use, the property would be sold and whoever
bought it would be back before the Commission for a Conditional Use Permit.
Commissioner Outlaw noted that it is the applicant who is asking for the CUP to
be in perpetuity, not the owner of the property.
The vote on the motion by Commission Member Holzman was 4 to 4 with David
Lange abstaining.
Mrs. Buttram volunteered to drop the request for perpetuity and asked that item
#2, Section 2, be left in the Conditional Use Permit.
• Commission Member Holzman moved to approve the request; seconded by
Commission Member Mathieson. The motion passed with all members present
voting "awe"
4. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT :Joseph Hardage/ AJDC, LLC
OWNER: Thomas & Jennifer Bowers
REQUEST: To allow for a business establishment to occupy more than 5,000
square feet of space in the C-1 Light Commercial District.
EXISTING ZONING: C-1, Light Commercial.
GENERAL LOCATION: Southwestern corner of Highway 50 and East Ave.
EXISTING LAND USE: Vacant land.
LAND USE DISTRICT: Non-Established District -3 (NED-3)
LAND USE CLASSIFICATION: Commercial
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
Planner Curt Henschel introduced this request by stating that the applicant is
requesting a CUP fora 7,000 square foot building in the C-1 zoning district. The
vacant parcel is located at the southwest corner of Highway 50 and East Avenue.
The building will be the new home for Advance Auto Parts. They will be
relocating from their current building at 390 E Highway 50. Advance Auto Parts
merged with Discount Auto Parts in November of 2001. Advanced Auto is
growing out of its approximately 5,000 square foot building and is seeking to
relocated to the proposed location. This new site will provide for a better sighting
location and also allow for a larger store. Staff recommends approval of the
request.
Curt Henschel added that staff does not support the proposed driveway from
Highway 50 into the site.
Barry Brown explained that was because cars exiting the site onto State Road 50
would not be able to see eastbound traffic coming over the hill west of the site.
He added that there would be no way to stop people going westbound from trying
to turn in. The stacking of eastbound traffic making the left turn on to East
Avenue on school days in particular presents another problem.
. Joseph Hardage, 570 Spindlewick Dr, Atlanta, GA 30350 was sworn in and said
that Advance Auto wants to do a prototype store here in Clermont. He said the
proposed driveway from Highway 50 on to the site is necessary in order to be
competitive with Auto Zone across the street on Highway 50. He agreed that a
right in/right out would be acceptable to him.
Commission Member Pierce asked if Advance Auto was willing to reconfigure the
parking area in order to preserve several large oak trees.
Mr. Hardage said they would try to preserve the trees, but if the driveway was
placed closer to Highway 50 it might work.
Commission Member Pierce asked if the driveway could be moved toward the
south end of the property.
Mr. Hardage stated that if the trees cannot be saved they would be replaced inch
for inch in additional landscaping.
Commission Member Miller expressed concern that there will be only one point
of ingress and egress and that it will be in the rear of the building.
Mr. Hardage said a right in/right out on Highway 50 would be the best solution.
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City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
. June 1, 2004
Commission Member David Lange asked if a right in only on Highway 50 would
work.
Mr. Hardage replied that would be better than no entrance at all on Highway 50.
Barry Brown said a right in only could work and that it may be the least
problematic solution.
Commission Member Tegen moved to approve the request as amended to allow
a right in only from Highway 50 in item #2, Section 3; seconded by Commission
Member Pierce. The motion passed with all members present voting "aye'°
5. REQUEST FOR TEXT AMENDMENT TO THE COMPREHENSIVE
PLAN.
APPLICANT: Bob Wade, Hunters Trace Investments, Inc.
OWNERS: Hunters Trace Inc., and Ishwar Naran
. SIZE OF PARCEL: 3.4 acres.
GENERAL LOCATION: Hunt Trace and Citrus Tower Boulevards.
EXISTING LAND USE: Vacant.
LAND USE DISTRICT: UD-5 (Number 12).
LAND USE CLASSIFICATION: Commercial and Residential.
Planner Sharon Farrell introduced this request by saying that the applicant has
requested an amendment to the text of the comprehensive plan to provide for
Tourist Accommodations (a hotel) to be allowed at the northwestern corner of
Hunt Trace and Citrus Tower Boulevards. The City of Clermont's Future Land
Use text for the UD-5 District is location specific to the commercial nodes or
intersections. The applicable text reads: "General commercial use should occur
adjacent to major roadways and not extend more than 1,300 feet north of
Highway 50".
The proposed hotel site is more than 1,300 feet north of Highway 50, therefore,
the need to amend the text. A portion of the three acre parcel is designated with
the Commercial land use Classification.
•
9
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
June 1, 2004
Commission Member Mathieson moved to approve the request: seconded by
Commission Member Lange. The motion passed with all members voting "aye':
6. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Akerman and Senterfitt, Cecelia Bonifay
OWNER: Sebastino and Antonia Poma.
REQUEST: To allow for the construction of a gas station with car wash and
convenience store.
EXISTING ZONING: C-2, General Commercial.
SIZE OF PARCEL: 2.35 acres.
GENERAL LOCATION: Southeastern corner of the intersection of Highway 50
and Grand Highway.
• EXISTING LAND USE: Vacant.
LAND USE DISTRICT: UD-2
LAND USE CLASSIFICATION: Commercial.
Planner Sharon Farrell introduced this request by saying that the applicant
wished to construct a B.P. petroleum station and convenience center with car
wash on the south side of town at the intersection of Highway 50 and Grand
Highway. The 2.35 acre parcel is zoned C-2 General Commercial. The proposed
use requires a Conditional Use Permit. The Land Use District and Classification
are appropriate. The applicant's representative has provided all the necessary
applications and date required for staff to process a Conditional Use Permit.
Conceptual site plans have been reviewed by the City of Clermont staff as well
as the Department of Transportation. Comments have been provided to the
applicants engineer addressing aesthetic and traffic safety concerns.
The property is currently zoned C-2. In C-2 General Commercial zoning a CUP
must be obtained to operate a highway commercial convenience store. There is
a mixture of general commercial uses in the vicinity of the subject property. The
proposed Conditional Use Permit meets the intent, and is consistent with,
applicable sections of the Land Development Regulations.
10
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
June 1, 2004
The site has access to a State arterial road network and an existing frontage
road providing the development with an adequate traffic circulation system. Staff
has consulted with the Florida Department of Transportation engineers to ensure
that development of the site is synchronized with planned improvements to State
Road 50.
The site is relatively flat and has been previously altered. This parcel is not
located within a flood hazard zone and contains no wetlands. The maximum
impervious surface ratio for General Commercial projects is 80%. A variance to
the landscape buffer along Grand Highway may be necessitated by the roadway
improvement requirements.
Staff supports the use, however revisions to the site plan are recommended.
Staff cannot support the access to State Road 50 (right in/out); staff cannot
support two driveway cuts into Grand Highway. The property is surrounded by
commercial development adjoining an automotive oil and tube establishment.
The proposed commercial use is allowable within the UD-2 land use designation
and is compatible with the commercial development in the immediate vicinity.
• Attorney Cecelia Bonifay stated that the applicant wants a right in/right out on
Highway 50 and two points of ingress/egress on Grand Highway, however they
could live with one on Grand Highway if access from Highway 50 is provided.
Johnathan Ballow, 5909 Peachtree-Dunwoody Road, Suite 600, Atlanta, GA,
30328 was sworn in and showed a rendering of the proposed facility. The
conceptual site plan showed a right in/right out from Highway 50 and one entry
and exit on Grand Highway.
Mr. Ballow mentioned that there would be a large amount of green space with
this configuration.
Joseph Roviaro, Director of Transportation Planning, Luke Transportation
Engineering Consultants, P.O. Box 941556, Maitland, FL 32794 was sworn in
and said that there absolutely had to be two access points. He sited the difficulty
a delivery truck would have turning around inside the site and how much easier it
would be to drive in at one point and leave by another. He pointed out that the
Raceway station across Grand Highway has only one access point and that
causes a bad stacking problem on Grand Highway and Highway 50.
Mr. Roviaro also noted that a right in/right out on Highway 50 would be a shared
access to the frontage road and would also alleviate traffic on Grand Highway.
•
11
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
June 1, 2004
Commission Member Holzman mentioned the proposed reconfiguration of the
Highway 50, Highway 27 interchange.
Planning Director Barry Brown said that the improvements to the interchange of
Highway 50 and Highway 27 would require the applicant to dedicate twenty-two
feet of right-of-way on Grand Highway and that will be traded for property on
Highway 50 that is owned by the City that traverses the applicant's property.
In regard to the question of access from Highway 50, Mr. Brown noted that it
already exists in the form of the frontage road. The access point to this frontage
road is approximately 300 feet to the east of the B.P. site. He added that to have
a right in/right out on Highway 50 where B.P. is requesting it would create a
dangerous situation because cars coming in off Highway 50 will meet up with
cars at the pump and cars trying to exit on to Highway 50.
Commission Member Mathieson asked where the land would come from if
Highway 50 needed to be widened in the future.
Planning Director Barry Brown said there would be a twenty foot wide landscape
buffer from which D.O.T. could garner space if they need it for right-of-way.
Cecelia Bonifay stated that the applicant has given in on numerous modifications
requested by the City and could possibly make the right in/right out area from
Highway 50 wider and roomier.
Kenneth E. Hardy, Progressive Development, 5205 S. Lois Ave, Tampa, FL
33611 said that D.O.T. has approved the proposed Highway 50 access and says
that it meets their standards.
Commission Member Rhee asked if there was going to be a sidewalk on
Highway 50.
Mr. Hardy said it would not be a problem to put in a sidewalk.
Commission Member Lange asked if there was a possibility of allowing a right in
only from Highway 50.
Planning Director Barry Brown said it is not a preferred option, but it is a
possibility.
Cecelia Bonifay recapped and asked for changes to Section 4 -Architectural
Design.
n
~.J
12
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
June 1, 2004
Planning Director Barry Brown did not wish to see any change to the
requirements of this section.
There was further discussion on whether a right in/right out or just a right in
should be allowed from Highway 50.
Commission Member Holzman moved to amend Section 3-Transportation b
adding item #7. Access to the site from Highway 50 shall be right in only at the
most easterly part of the site and egress shall be from the frontage road at a site
further to the east; seconded by Commission Member Tegen. The motion passed
7-2 with Commission Members Pierce and Rhee voting nay.
Commission Member Holzman moved to approve the request as amended;
seconded by Lange. The motion passed with all members voting "aYe'°
7. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
Curt Henschel introduced this Ordinance No. 338-C by saying it is to amend the
Code to require enhanced landscape standards. Within the ordinance are issues
• that were discussed at the March 18, 2004, and the May 24, 2004 workshop. The
ordinance has been advertised for the first reading on June 8, 2004 and adoption
of June 22, 2004.
Curt Henschel went on to read the changes to the Commission.
Commission Member Outlaw asked if there was some way to force compliance
to the code without going to a Code Enforcement case.
David Pape said that was a matter to discuss with the City Attorney.
Planning Director Barry Brown made the suggestion that at the one year
inspection to verify that all required landscaping is established, health and
properly maintained it should be added that the staking kits should be removed.
There was discussion about live oaks versus laurel oaks and it is the
Commissions recommendation that laurel oaks be eliminated from the preferred
tree list.
Commission Member Holzman moved to approve the changes to the Landscape
Ordinance; seconded by Commission Member Tegen. The motion passed with
all members present voting "aye':
13
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
Discussion of Non-Agenda Items
The discussion of Commission Member Miller's report which was tabled from the
beginning of the meeting continued with Commission Member Miller expressing
her grave concern that the City Council did not focus on the issues in the
addendum because it was not forwarded to them. She went on to say that the
placement of the businesses in this project is a huge mistake.. The City Council
never saw that the Commission made suggestions about moving those
businesses to Hunt Trace or Oakley Seaver, and they never thought
independently to question that.
Planning Director Barry Brown apologized for the fact that the addendum was not
forwarded to the City Council, but stated that there was nothing to be done about
it now. He assured the Commission that the goal has always been and will
continue to be to make sure the City Council is fully apprised of the Commissions
opinions.
There was discussion about the ramifications of City Council rescinding their
approval of the Messy Dog CUP.
• Barry Brown stated that the City Council approved the Conditional Use Permit
and that is the final decision.
Commission Member Miller insisted that the city will be suffering with this
situation for years to come because the Council didn't see what the problems
were.
Barry Brown assured Commission Member Miller that the City Council is
comprised of intelligent and capable people who are able to identify the issues
and make the proper decisions.
Commission Member Miller stated that if the Council had had the benefit of
seeing the addendum to the April minutes, they would have had the opportunity
to consider all of the Planning and Zoning Commission's concerns. She said they
were blindsided by what the residents of the abutting residential subdivision
wanted.
David Lange asked if the Council was aware that they hadn't received this
addendum, and if so were they willing to consider rescinding their approval.
Commission Member Miller said that one Council Member was willing to bring it
back to the City Council.
14
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
• June 1, 2004
There was discussion as to how and when the minutes should be distributed in
the future. It was suggested that they be sent via email so that the
Commissioners would have a longer period of time to look at them.
Barry Brown pointed out that the City Council has always gotten the minutes and
that this one time they didn't get the addendum.
There being no further business the meeting was ~ijourned.
irman
ATTEST: /~`~~G ~~~~~~
Jane C Allisterl- PI Wing Technician II
•
•
15
• City of Clermont
Planning and Zoning Commission
June 1, 2004 -Report of Commissioner Maggie Miller
The stated purpose of the Planning and Zoning Commission is to advise the City Council
on appropriate matters which are to come before the Council.
In this regard each commissioner endeavors to study such matters, and then together in
P&Z meetings to discuss and delineate pertinent points of discovery, and to then advise
the City Council based on that discovery.
In the case of Resolution 1370 (Messy Dog) acted on by the City Council on May 25 the
prescribed advisory process was thwarted. Council members were not provided P&Z
advisement. Despite the actions taken May 4 by P&Z Commissioners, unanimously
adopting cone-page addendum to the April minutes with the expressly articulated
• purpose of making sure that City Council members be made aware of the information
contained therein prior to their action on May 25, city staff did not provide that addendum
information to the Council.
Therefore I am officially requesting that the 4/1 Council decision for approval of the auto
services projects proposed for the site be set aside and readdressed by the City Council
after benefit of being more completely informed on the matter.
•
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163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU fNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
.~
~ ~
- ,hereby disclose that on __, 20 ~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss; J
~nured to the special gain or loss of my business associate, >'~~~/~ ~~/ ,
- inured to the special gain or loss of my relative, ,
inured to the special gain or loss
whom f am retained; or
- inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
. _~~~~~°
Date Filed
;t ~j ~ ~
~~~~~
by
which
~Ignatrir~ `~ -
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2