05-07-1985 - Regular MeetingCITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
May 7, 1985
A regular meeting of the Planning and Zoning Commission was
called to order at 7:31 p.m. on Tuesday, May 'l, 1985 in the City
Council Chambers by Chairman Jack Sargent. Members attending
were Adelbert Evans, Debbie Gaines, Nick Jones, Marie McKinney,
Buddy Rogers, John Sargent, James Shepherd and Bob Thompson.
Absent was member Don Beal. Also attending were Acting City
Manager Wayne Saunders, City Attorney Leonard Baird, Jr. and
• Planning and Zoning Technician Marilyn George.
Minutes of the meeting held April 2, 19$5 were approved as
presented.
Conditional Use Permit. Mr. Sargent introduced a request
for a Conditional Use Permit by Walter Poynter to allow construc-
tion of an office building at the southwest corner of Bowman
Street and Highway 50 on Lot 1, Sunnyside Terrace. He explained
that this CUP had been granted on October 2, 1984, but the
signed agreement had not been returned within the 90 day time
limit, making the CUP null and void. The list of conditions
suggested by City staff remained the same.
Mr. Thompson stated that he would abstain from voting
because of a conflict of interest.
A motion was made by Mr. Evans, seconded by Mr. Rogers and
carried by unanimous vote of those members voting THAT IT BE
RECOMMENDED TO CITY COUNCIL TO APPROVE THE CONDITIONAL USE
PERMIT, SUBJECT TO THE CONDITIONS RECOMMENDED IN THE ORIGINAL
REQUEST.
Conditional Use Permit. Mr. Sargent introduced a request
for a Conditional Use Permit by Bob Wade and Westcott Development
for a Planned Unit Development on parts of Tract 4, 5A and 5B;
Sec. 29-22-26 in an R-1-A Single Family Residential zone. The
conditions peculiar to this CUP were read by Ms. George.
Mr. Baird explained that the site plan and other documents
presented with the application were enough for the Planning and
Zoning Commission to take action, and that all other required
documents had been presented and were on file with the City. He
further stated that a survey had not been received, but that the
site plan had obviously been drawn from a survey, and that such
document should be forthcoming. He stated that the word "subdi-
vision", as used in the conditions, refers to streets, sewer
lines, and other infrastructure. He instructed the members of
the Commission to consider the density of the development and
whether the the proposed use is appropriate for the area. Mr.
Baird then explained that the decision made at this meeting will
be subject to the City receiving all necessary technical
documents.
Mr. Baird, in response to a question from Mr. Evans, stated
that he represents the City and no one else in this situation.
Joseph Kantor, of Westcott Development, Tnc., described the
proposed use of the property in question as "assisted living",
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CITY OF CLERMONT
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PLANNING AND ZONING COHHISSION
May '7, 1985
with no actual medical care provided, and explained that the
ages of the residents would fall in the '70 to 85 year bracket.
He went on to say that the facility is arranged compactly to make
it easy for elderly residents to move between areas. In response
to questions from Commission members, he explained that the State
has stringent requirements for access and fire safety measures
• for such projects. He described the buildings as being of
concrete block with stucco coating and red file roofs. h1 r.
Kantor also explained that thorough demographic studies had been
done, establishing a need for a facility of this type in the
area.
Several questions regarding parking produced the information
that, should more parking be required by the City, plenty of land
is available for resident, guest and employee parking. Mr.
Sargent asked if the road on the eastern edge of the property was
to be two or four lane, and was told that the collector street
would be built to City standards.
Mr. Sargent stated that he had been told that Humana was
involved in this project, and was told that although Dr. Mosely,
who is part owner of the project, is a consultant for Humana,
there is no connection between this facility and Humana.
Mr. Kantor and Mr. Baird then explained that the required
performance bond would insure that the job will be finished.
Mr. Jones asked about the density of this project, which
will be 14.2 units per acre, and whether DOT had been consulted
about the necessary cut in the Highway 5U median. Ben Blackburn,
surveyor of the site, said that after the PUD is approved, DOT
will be consulted. The City will also require approval by the
Pollution Control Board before construction can begin.
Mr. Sargent asked if the project is to be done in phases.
Mr. Kantor explained that the first 100 units would be ready for
occupancy about q0 days before the second 100 units, creating a
phased occupancy, but that the entire development would be begun
at the same time. Mr. Baird pointed out that there are provi-
sions in the ordinance for a partial certificate of occupancy,
and that the performance and payment bonds are in effect until
the project is completed.
Mr. Robert Turley, present in the audience, asked if the
project will permit children because he feared an impact on the
schools, but was reassured that the occupancy will be by senior
citizens.
• Mr. Saunders suggested that condition number 11 have added:
"All costs involved in tYie construction of sewage facilities as
approved by the City Engineer must be paid by the developer", and
that the first sentence of condition number 12 be amended to read
"The water line must be constructed from Highland and Bloxam
Avenues as shown on the approved site plan at the developer's
expense." He then asked Mr. Wade if he had any problem with the
conditions suggested by City staff.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
May 7, 1985
Mr. Wade said he would like to discuss the conditions with
the principals and the City staff before the Council meeting.
• A motion was made by Mr•. Rogers and seconded by Mrs.
McKinney that approval of the CUP, with the staff's conditions,
be recommended to Council. The motion was withdrawn by the maker
and the second when Mr. Evans asked if it included the amendments
to conditions 11 and 12, and Mr. Wade expressed a desire to
speak.
After the motion was withdrawn, Mr. Wade asked if the City
will be responsible for the expense of extending water and sewer
lines to any additional property, and was assured that the only
consideration at this time is for the Westeott development
property.
A motion was made by Mr. Evans, seconded by Mr. Thompson and
carried by unanimous vote THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND TO CITY COUNCIL THAT THE REQUEST FOR A PLANNED UNIT
DEVELOPMENT BE APPROVED, SUBJECT TO THE 15 CONDITIONS LISTED BY
STAFF, INCLUDING THE ADDENDA TO CONDITIONS 11 AND 12, AND THAT
FURTHER CONSULTATION ON THESE BE PRESENTED TO CITY COUNCIL AS
REQUIRED.
During discussion on the motion, Mr. Jones asked if the
project were to be sold in the future, would it be sold as an
institution, or could it possibly be sold as condominium units?
Mr. Baird cited condition number 5 and explained that another CUP
would be necessary.
The conditions of the CUP are:
1. The property must be developed in accordance with an ap-
proved site plan.
2. If, at a future date, parking at this site proves
inadequate, the applicant understands and agrees that the City
may require 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.
u. All applicable rules and regulations shall be met, includ-
ing final site plan approval, landscaping, drainage, parking and
sign regulations, and all yard setbacks. All required landscap-
ing must be served with a permanent irrigation system and must be
properly maintained. The drainage and stormwater retention re-
quirements of the Lake County Pollution Control Board and FAC
17-25 must be met, and approved by the City Engineer. These
areas must be properly maintained.
5. This property may be used only as a congregate living fac-
ility with a maximum of 200 units. 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
CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
May 7, 1985
each of the stated conditions has been met.
7. This permit shall become null and void 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.
9. A collector street must be constructed to City standards as
shown on the approved preliminary site plan. The street right-
of-way must be annexed into the City. The road and sidewalk must
be constructed from Highway 50 to the north errd of the Westcott
property.
10. The property must be subdivided according to the City's
subdivision ordinance before any building permits are issued.
Easements must be dedicated and provisions made for water, sewer,
drainage, roads, sewer lift station and open space. Permits for
the congregate living facility can be issued prior to construc-
tion of public improvements only if performance and payment bonds
for all public improvements are deposited with the City in com-
pliance with subdivision regulations.
11. The sewer lift station must be designed and approved by
the City Engineer so that it will discharge into the City sewer
system only in off-peak hours, or between 10:00 p.m. and 4:00 a.m.
Sewage capacity for this project is limited to 75 g.p.m. All
costs involved in the construction of sewage facilities as
approved by the City Engineer must be paid by the developer.
12. The water line must be constructed from Highland and
Bloxam Avenues as shown on the approved plan at the developer's
expense. The City will pick up the difference in pipe costs over
a 10" line. The cost differential must be approved by the City
Engineer.
13. The owner and applicant must sign an agreement with the
City that they will pay their share of connecting to a City sewer
interceptor line when built.
14. All sewer and water lines in the flood hazard area must
be designed to minimize any flood damage by a method approved by
the City Engineer.
15. The applicant understands and agrees that he must pay to
. the City all applicable fees such as utility impact fees,
building permit fees and subdivision fees.
Comprehensive Plan and Future Land Use District Map. Mr. Sargent
stated that these documents had been reviewed in workshop
meetings, and that much time had been devoted to discussion and
revision. Ms. George pointed out the additional changes made by
City Council.
A motion was made by Mr. Jones, seconded by Mr. Evans and
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CITY OF CLERMONT
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PLANNING AND ZONING COMMISSION
May 7, 1885
approved by unanimous vote THAT APPROVAL OF THE REVISED COMPRE-
HENSIVE PLAN AND FUTURE LAND USE DISTRICT MAP BE RECOMMENDED TO
CITY COUNCIL.
There being no further business, the meeting was
adjourned at 9: 1 5 p.m.
aP~~~_ >il' lr
JOHN N. SARGENT, Chairman
V
TEST:
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MARILY EO GE, Pla ing and Zoning Technician
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