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01-07-1986 Regular MeetingCITY OF CLERI~ONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 The regular meeting of the Planning and Zoning Commission was called to order at 7:37 p.m. by Chairman John N. Sargent on Tuesday, January 7, 1986. Members attending were Debbie Gaines, Nick Jones, Marie McKinney, Buddy Rogers, John Sargent and Robert Thompson. Adelbert Evans was excused. Don Beal and James Shepherd were also absent. Also attending were City Manager Wayne Saunders, Planning and Zoning Technician Marilyn George and Councilman Harold Turville. REZONING REQUEST. Mr. Sargent introduced a request for rezoning by William and Jane Wilkins and Robert and Irene Milnor for Lots 19, 20, 21, 28, 29 and 30; Hillcrest. The property is zoned R-1 Urban Residential and the request was for R-2 Medium Density Residential. There are single family, multiple family and duplex residences on these lots. City Manager Saunders explained that the Comprehensive Plan will allow either R-1 or R-2 development in the district, but that the character of the surrounding properties should be considered in making a recommendation. Mr. Sargent described the surrounding properties as being single family homes on three sides and duplex and multi-family on the north. Mrs. Wilkins stated that her house (on Lots 19, and 20) has been for sale for over a year. Because the house was overbuilt for the neighborhood, she feels it would sell better if it could be converted to a duplex. It was reported that one resident of the area had voiced his objection to the rezoning. Mr. Saunders pointed out that a request to have Lot 21 rezoned was denied in the recent past. After a brief discussion a motion was made by Mr. Jones, seconded by Mr. Thompson and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE REQUEST TO REZONE LOTS 19, 20, 21, 28, 29 AND 30 FROM R-1 URBAN RESIDENTIAL TO R-2 MEDIUM DENSITY RESI- DENTIAL BE GRANTED. CONDITIONAL USE PERMIT. Mr. Sargent explained that the First Baptist Church had requested a Conditiona 1 Use Permit to a 1 low construction of a Christian Life Center (recreation/education building) on Lots 10, 12, 14, 16, 18 and 20; Block 49. Mr. Saunders explained that construction or expansion of a church requires a Conditional Use Permit in most zoning districts. He also mentioned that site plans which have been submitted to City Hall show that a variance is required from the twenty-five foot front yard setback requirement to a setback of twenty feet. Keith Thomas, architect for the project, stated that the variance was required to allow for future additions to the proposed structure. He explained that a metal building was to be used, and that components come in specific sizes, making the variance necessary. Mr. Saunders urged that parking requirements be met, and that grass parking could be permitted. He further stated that 1 CITY OF CLERAfONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 hardship should be shown for a variance to be granted. • A lengthy discussion ensued regarding what the building will actually be used for and who will be allowed to participate in the use. The City Manager pointed out that there will be an additional variance required for a rear yard of only ten feet if another twenty foot component is added. In answer to questions from commission members, it was explained that grass parking wi 11 be used, which wi 11 help with on-site water retention. A motion was made by Mr. Rogers and seconded by Mr. Thompson THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE CONDITIONAL USE PERMIT FOR A CHRISTIAN LIFE CENTER FOR THE BAPTIST CHURCH BE GRANTED WITH THE FOLLOWING CONDITIONS: Mr. Thompson withdrew his second when he realized that the front yard setback of twenty-five feet would be required. Mrs. Gaines then seconded the motion. After a discussion regarding the setbacks the motion passed with a vote of five to one, with Mr. Thompson voting nay. CONDITIONS 1. The property must be developed in substantial accordance with an approved site plan. • 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and arees that the City may require additional 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, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation sys- tem and must be properly maintained. The drainage and stormwater retention requirements of the Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved • by the City Engineer. These areas must be properly main- tained. 5. This property may be used only as a Christian Life Center. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. *The parking requirements for the entire church complex should be calculated and compared to parking that is now available. Any deficiency in off-street parking requirements should be shown as delineated parking on the approved site plan for the new project. 2 CITY OF CLERAlONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 • • 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. CONDITIONAL USE PERMIT. Mr. Sargent introduced a request for a Conditional Use Permit by Leonard Phillips to allow construction of two triplexes on the W 1/2 of Lot 9, Lots 11, 12, 13, W 1/2 of Lot 10 and E 1/2 of Lot 14 less S 120 feet of W 15 feet; Block 24 in the R-2 Medium Density Residential zone. Mr. Thompson stated a conflict of interest. Mr. Saunders explained that multiple family development in R-2 zones is permitted with a Conditional Use Permit, and that there is enough square footage in the property to support two tri- plexes. He stated that there is a variety of uses in this neighborhood. Mr. George Smiley of 352 Osceola Street stated that he felt duplex development would be more in keeping with the character of the neighborhood, and that triplexes would be only for the per- sona 1 gain of the owners. Libby Ressler of 345 Minneola Avenue felt that triplexes would be too intensive a form of development for the area. Fred Nyhuis of 377 Osceola Street mentioned that he felt traffic would be a problem because the triplexes would add twelve cars to the neighborhood. Mr. Rogers stated that maximum use of the property was a reasonable request on the part of the owner, but he suggested that there be no connecton on the property for traffic between Osceola Street and Minneola Avenue. Mr. Jones stated that he agreed about the through traffic and that he also would recommend underground utilities and a landscape buffer for the parking area. Mrs. Gaines and Mrs. McKinney agreed. A motion was made by Mr. Jones, seconded by Mrs. McKinney and . unanimously carried THAT RECOMMENDATION BE MADE TO CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT FOR TWO TRIPLEXES SUBJECT TO THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with an approved site plan. 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and arees that the City may require additional parking or rescind this CUP. 3. No further expansion of the use or additions to this faci 1 ity sha 1 1 be permitted except as approved by another CUP. 4. All applicable rules and regulations shall be met, including 3 CITY OF CLERAtONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a permanent irrigation • system and must be properly maintained. The drainage and stormwater retention requirements of the Lake County Pollu- tion Control Board and FAC 17-25 must be met, and approved by the City Engineer. These areas must be properly main- tained. 5. This property may be used only for residential purposes. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 6. One triplex shall face Osceola Street and one shall face Minneola Avenue. Each shall have a separate driveway with no connection between the streets. 7. A landscape buffer shall be provided to screen the parking from other residential properties. 8. Electrical service shall be provided underground. 9. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 10. This permit shall expire if construction has not begun within one year of the date of this CUP. • 11. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. CONDITIONAL USE PERMIT. The Chairman introduced a request for a Conditional Use Permit to allow the Assembly of God Church to add a covered entrance ramp and a circular drive on the S 35 feet of Lot 4, Lots 5, 14, 15, 16 and the S 135' of Lot 17; Block 98. The City Manager explained that churches are a Conditional Use in most zoning districts, making a Conditional Use Permit necessary for any alterations or expansion. He suggested that, since the church was built before current requirements for water retention, landscaping and parking, that these areas might be addressed now. Pastor Lester Richardson stated that there was plenty of grass . parking He said that the main problem was the flight of steps to the doorway of the church, and that some of the elderly parishoners were staying home because of the difficult access. Attorney Dennis Horton stated that, as a neighboring property owner, he had no objection to the project. After a brief discussion concerning landscaping and water retention, a motion was made by Mr. Thompson, seconded by Mrs. Gaines and approved unanimously THAT APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE ASSEMBLY OF GOD CHURCH ALLOWING CONSTRUCTION OF A COVERED ENTRANCE AND A CIRCULAR DRIVE BE RECOMMENDED TO CITY COUNCIL WITH THE FOLLOWING CONDITIONS: 1. The property must be developed in substantial accordance with 4 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 an approved site plan. • 2. If, at a future date, parking at this site proves inade- quate, the applicant understands and arees that the City may require additional 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. The final site plan must include satisfactory landscaping, drainage and parking improvements. 5. This property may be used only as a church. No other business operation may be conducted from this facility. This CUP is not transferable to any other business use, person or corporation. 6. The final Certificate of Occupancy cannot be issued until each of the stated conditions has been met. 7. This permit shall expire if construction has not begun within one year of the date of this CUP. 8. If any of the stated conditions is violated, the applicant understands and agrees that the City Council may revoke this CUP by resolution. • AMENDMENTS TO COMPREHENSIVE PLAN It was explained that several people had requested amendments to the recently adopted Comprehensive Plan, and that the City Staff was recommending certain changes. These amendment requests and the action taken on each are listed below. 1. Change the following described property from area designated ERD-1 to area designated ERD-2: Lots 5, 6, 7, 8 and 9 Winona Bay subdivision. Mr. Sargent stated that he felt the area never should have allowed multiple family dwellings and that the lakefront property in particular should be developed single family. • A motion was made by Mr. Rogers, seconded by Mr. Thompson and carried with five affirmative votes THAT APPROVAL OF THE CHANGE OF THE SUBJECT PROPERTY FROM ERD-1 TO ERD-2 BE RECOMMENDED TO CITY COUNCIL. Mr. Sargent voted nay. 2. Change allowable density in area designated ERD-7 from eight (8) units per acre to twelve (12) units per acre. Mr. Sargent explained that action on this request would affect the action necessary on request No. 9. Mr. Saunders explained that there were two requests for a change in density to twelve units per acre, and that this change to ERD- 7 is necessary to accomplish the requested change. He stated that density would be somewhat controlled by zoning in ERD-7, and that there is very little vacant property in the district, 5 CITY OF CLERAlONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 most of which is owned by the two applicants. He spoke in favor of leaving the density at eight units per acre. • After a discussion regarding existing densities, a motion was made by Mr. Rogers, seconded by Mr. Jones and approved by a four to two vote THAT IT BE RECOMMENDED TO CITY COUNCIL THAT THE REQUEST FOR A CHANGE IN DENSITY OF ERD-7 BE GRANTED. Messrs. Rogers, Jones, Thompson and Mrs. McKinney voted aye. Mrs. Gaines and Mr. Sargent voted nay. 3. Change the following described property from area designated ERD-7 to area designated NED-3: Lots 1, 2, 3, 4, 7, 8, 9, 10, 11, 12 and 13; Block 7; City Blocks Mr. Joseph Washuta, who owns a portion of the subject property, explained that he had purchased the property because commercial development was possible, and that the adoption of the Comprehen- sive Plan eliminated the possibility. He stated that the other property owners affected approved of the commercial zoning. He pointed out that the ballfield was a buffer between this property and residential uses to the north. A motion was made by Mr. Rogers, seconded by Mr. Jones and unanimously carried THAT IT BE RECOMMENDED TO CITY COUNCIL TO APPROVE THE CHANGE OF THE ABOVE DESCRIBED PROPERTY FROM ERD-7 TO NED-3. 4. Change the following desribed property from area designated NED-5 to area designated EBD-2: Lots 11, 12 and W 1/2 of Lot 10; Fairview Place The City Manager suggested that request No. 12 be considered at the same time because they are adjacent. Mr. Saunders recom- mended that both properties be in EBD-2, which would mean denial of No. 4 and approval of No. 12. This would place the dividing line on rear property lines. A motion was made by Mrs. Gaines, seconded by Mr. Jones and carried by unanimous vote THAT IT BE RECOMMENDED TO CITY COUNCIL TO DENY THE REQUEST TO CHANGE THE SUBJECT PROPERTY FROM NED-5 TO EBD-2. 12. Change the following described property from area designated EBD-2 to area designated NED-5: Lot 127, Clermont Heights A motion was made by Mr. Thompson, seconded by Mrs. Gaines and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL TO APPROVE THE REQUEST TO CHANGE LOT 127, CLERMONT HEIGHTS FROM EBD- 2 TO NED-5. 5. Include the following described property in Permitted Land Uses, Item #3, for area designated ERD-2 which allows pro- fessional offices in limited areas: Lots 19, 20 and 21 of Block 7; Sunnyside Unit 6 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 Mr. Jones declared a conflict of interest. A motion was made by Mr. Thompson, seconded by Mr. Rogers and • approved by unanimous vote THAT APPROVAL OF THE REQUEST TO IN- CLUDE THE SUBJECT PROPERTY IN ERD-2 BE RECOMMENDED TO CITY COUNCIL. 6. Change allowable density on areas designated ERD-2 from eight (8) units per acre to twelve (12) units per acre. City Manager Saunders explained that, under the Comprehensive Plan as adopted, R-3 zones in ERD-2 will have to be rezoned to R- 1 or R-2. If this request is granted R-3 zones may remain. He stated that he was in favor of leaving the density at eight units per acre. Mr. Turville urged that it be remembered that the Comprehensive Plan was well studied before adoption, and that approval of this request would, with No. 2, make about two-thirds of the City high density. He stressed that it must be considered what is best for all of the ERD-2 district, not just for the applicant. A motion was made by Mr. Jones, seconded by Mr. Rogers and car- ried by a vote of four to two THAT APPROVAL OF THE REQUEST TO RAISE THE DENSITY IN ERD-2 FROM EIGHT UNITS PER ACRE TO TWELVE UNITS PER ACRE BE RECOMMENDED TO CITY COUNCIL. Messrs. Thompson, Jones, Rogers and Mrs. McKinney voted aye. Mr. Sargent and Mrs. Gaines voted nay. • 7. Include the following described property in Permitted Land Uses, Item #3, for area designated ERD-2 which allows professional offices in limited areas. Lots 8 and 9, Block 88, City Blocks Mr. Saunders explained that the owner of these two lots wished to construct offices there. He recommended against the amendment. A motion was made by Mrs. Gaines, seconded by Mr. Thompson and carried by unanimous vote THAT IT BE RECOMMENDED TO CITY COUNCIL TO DENY THE REQUEST FOR AMENDMENT TO ERD-2 TO EXPAND THE AREAS WHERE PROFESSIONAL OFFICES ARE PERMITTED. 8. Change that R-1-A property loated north of Highway 50, east of Highway 27 in the area designated UD-2 from UD-2 to area • designated UD-5, and change Permitted Land Uses under UD-5, Item #4 to read: "Property designated UD-5 located north of Highway 50 and east of Grand highway should be allowed high density single or multi-family development not to exceed 12 units per acre." The City Manager explained that this property is that recently annexed at Bob Wade's request. He recommended denial of the amendment request. A motion was made by Mr.Jones, seconded by Mrs. Gaines and approved with four aye votes THAT RECOMMENDATION BE MADE TO CITY COUNCIL TO DENY THE REQUEST FOR INCREASING THE DENSITY IN UD-5. 7 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 Mr. Thompson abstained from voting and Mr. Rogers voted nay. 9. Change the following described property to SHD-1 (Spe- cialized Housing District) with permitted use being multi- . family, non-profit housing for elderly and handicapped with density not to exceed twelve (12) units per acre: All of Block 5 and Lots 1, 2, 3, 4, 7, 8, 9 and 10; Block 8 and the east 200 feet of the closed right-of-way of Broome Street and the south 1/2 of the east 300 feet of the closed right-of-way of Juniata Street; Woodlawn Subdivision. Mr. Saunders explained that National Church Residences hoped to build housing for low income elderly on the subject property, and that a density of twelve units per acre was necessary. Mr. Robert Renfrow spoke for National Church Residences, ex- plaining that the density for elderly housing was less dense than it sounded because many of the units have only one resident, and few of them drive cars. Mr. Paul Lang reported for the applicant that the organization operates 65 of these residences with 5000 units. He added that they had been working with local clergy. Rev. George Becker of Shepherd of the Hills Lutheran Church stated that there is a real need for housing of this type in this area. • The City Manager stated that a variance will be necessary for the size of the units, since they will not contain 600 square feet as required by the Zoning Ordinance. A motion was made by Mr. Jones, seconded by Mr.Rogers and. carried by unanimouss vote THAT APPROVAL OF ESTABLISHMENT OF SHD-1 WITH A DENSITY OF 12 UNITS PER ACRE BE RECOMMENDED TO CITY COUNCIL. 10. Include in Permitted Land Uses for areas designated NED-4 the following uses: Multi-family attached residences Existing light commercial After Mr. Saunders explained that the criteria for NED-4 allows • existing multi-family and light commercial, but does not list them as permitted uses, and that these uses already exist in NED- 4, a motion wgas made by Mr. Rogers, seconded by Mr. Thompson and unanimously approved THAT IT BE RECOMMENDED TO CITY COUNCIL TO APPROVE THE AMENDMENT INCREASING PERMITTED USES IN NED-4. 11. Change the following described property from area designated UD-5 to area designated EBD-2: A 250 foot wide strip of property located north of and including the closed portion of Desoto Street, south of Pitt Street and east of and adjacent to the Highway 27 right-of- way. After the City Manager explained that this area was already developed commercially in part, and that it should have been in 8 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION January 7, 1986 district EBD-2 originally, a motion was made by Mr. Thompson, seconded by Mrs. Gaines and unanimously approved THAT IT BE • RECOMMENDED TO CITY COUNCIL TO APPROVE THE REQUEST TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTY TO EBD-2. A discussion of the past year's actions was tabled until the February meeting. There being no further business, the meeting was adjourned at 11:15 p.m. i ,..,.,~ C. ~}~~ ~ tom, --~ JOHN N. SARGE , Chairman AT ST: ~Z MARILYN G. • -~ U RGE, P & Z Tech 'cian 9 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Jones, N1Ck Arthur THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE 1S A UNIT OF MAILING ADDRESS : P.O. Box 580 is CITY O CITY COUNTY O OTHER LOCAL AGENCY O STATE COUNTY Cl t ermon Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY ON WHICH VOTE OCCURRED January 7, 1986 City of Clermont NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning & Zoning Commission WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether StatC Oi local, ant? it applies equally to nemuers of adV-sory find ii~iia-adVlSGry bt;dleS .,'i1S) Sre faie~ v.:th 3 Vrstar.b ~C^fllCt Of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS , [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] • The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from ~ting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on January 7 ~ 19 86 (a) 1 abstained from voting on a matter which (check one): x inured to my special private gain; or inured to the special gain of , by whom I am retained. ~t rVRM 4-REV. 10-64 PAGE I (b) The measure on which I abstained and the nature of my interest in the measure is as follows: I abstained from voting on the redistricting of property which I own. --- ~ _ :~ ~ //" r / ~ -- _ _ ; ~~ /L-' << t'~c~~G7 ,,rte ,~ Date Filed Signature ~% 6.. i Please see PART C for instructions on when and where to file this form. PART 8 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. 19 by whom I am retained. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15}days following the meeting during which the voting conflict occurred with the per. responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need c7~ be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 41 !2.317(1983), 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 SS,000. CE FORM 4 -REV. 10-84 pq~;E FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Thompson, Robert D. THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERYE 1S A UNIT OF: MAILING ADDRESS 742 Pine Lane CITY O COUNTY O OTHER LOCAL AGENCY ^ STATE CITY COUNTY Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY ON WHICH VOTE OCCURRED January 7, 1986- ~ City of Clermont NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning & Zoning Commission WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local Level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] • The Code of Ethics for Public Officers and Employees FROHIBITS each municipal, county, and other local public ojfcer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN I S DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from ~ting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on January 7 ~ 19 86 (a) I abstained from voting on a matter which (check one): inured to my special private gain; or xx inured to the special gain of Leonard Phillips , by whom 1 am retained. ~t rUKM 4-REV. 10.84 PAGE I (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: I abstained from voting on a Conditional Use Permit for a property owner whose property is listed in my Real Estate office. ~ ; ~~~ Ls~?--~ ~ Date Filed • Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICER8 [Required by Section ! 12.3143(2), Florida Statutes {Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. by whom I am retained. PART C FILING INSTRUCTION8 This memorandum must be filed within fifteen (1 S) days following the meeting during which the voting conflict occurred with the perm responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need r~. be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTESQI 12.317(1983), A FAILURETO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAti 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 fS,000. CE FORM 4-REV. 10-84 PAG