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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 7, 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 fro-n 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, Inc., described the proposed use of the property in question as "assisted living", 1 CITY OF CLERAfONT 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 Westcott 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. 4. 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 rnust be met, and approved by the City Engineer. These areas must be properly raintained. 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 stree'c 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 end 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 4 CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 7, 1985 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 9:15 p.m. ~`~ J~~/[3. SARGENT, Chairman ,TEST : ~, `' ' i? ' / MARILY EO E, Pla ing and Zoning Technician • r 7 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Thompson, Robert THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS 742 Pine Lane Clermont FL 32711 WHICH VOTE OCCURRED Mav 7, 1985 COUNTY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Planning and Zoning Commission QICITY O COUNTY D OTHER LOCAL AGENCY O STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY City of Clermont 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 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 TH E 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 (63.357, 'da Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from g. 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 ='~aZ' 7 , 19 t3 5 (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of by whom I am retained. CE FORM 4-REV. 10-86 PAGE I C (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: ~-- C~"H.;v~ f~:'-{l,? ~r- p`.~.a TL;~c ~..~ .~ ..~ S r'+i '~ ~>; _ ~>~>~<_~~ ~, Ir~ ~.~, a`~ t 11 6 - - ~ ' Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] F3C11 st.'.t° T1~f11ir ~f~rpr is ne}rr~ittr{i to ti-(~t~ irl }:ic ~ffi~~q! ra~1•{Citl, nn anv matter Nn.c~yr{: any elate pffiCP- 3uF1i? yAfPC in hie nfrc`a1 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 I S 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 1 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 (t 5) days following the meeting during which the voting conflict occurred with the p responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES¢112.31T(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 PAVE .