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05-07-1996 Regular Meeting• • Cl7Y OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION MAY 7, 1996 The meeting of the Planning & Zoning Commission was called to order Tuesday, May 7, 1996 at 7:00 P.M. by Chairman Robert Smythe. Members present were Keith Mullins, Joseph Janusiak, James Brown, Wendell McDannel and Bill Rauch. Members Darryl Bishop, Joseph Wiebush and Marilyn MacLauchlin were absent. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINiJTES of the Planning and Zoning Commission meeting held April 2, 1996 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Osceola Financial Corporation LEGAL DESCRIPTION: Lot 1, Lakeview Heights Subdivision REQUEST: Rezoning from R-3-A Residential/Professional District to C-2 General Commercial Business District. Mr. Harker stated that the applicant is requesting rezoning of a parcel located approximately 150 feet north of the intersection of State Road 50 and Grand Highway. The property is situated adjacent to the former real estate office and lies across Grand Highway from the Clermont Regional Shopping Center and Quincys Restaurant. It is the remaining parcel of land designated for commercial use by the adopted Comprehensive Plan located at the northwest intersection of State Road 50 and Grand Highway. All properties located north of this parcel are designated ResidentiaU Professional Office on the Future Land Use Map. The requested action will be consistent with prevailing development patterns in the area which is essentially transitional from the historic single-family oriented residential use to Commercial, Professional Office and other non-residential uses. Based upon demonstrated consistency with directives of the adopted Comprehensive Plan, and further evidenced by non-residential development patterns occurring with the general area, City Staff recommends approval of the rezoning from R-3-A (Residential/Professional District) to C-2 (General Commercial Business District). At this time Chairman Smythe asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Dante Gabriel, representative of Osceola Financial Corporation, 1201 South Orlando Avenue, Suite 200, Winter Park, Florida and Cheryl Kirst, 1031 West Morse Blvd., Suite 325, Winter Park, Florida. • • CITY OF CIF.RMONT MINUTES PLANNING AND ZONING COMMISSION MAY 7, 1996 Page-2- Member James Brown asked if there would be any change in the traffic pattern in this area Mr. Gabriel stated that a trafSc impact study has been completed and has been submitted to both the City and County for approval. A motion was made by Bill Rauch to recommend approval of the rezoning to the City Council, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Osceola Financial Corporation OWNER: Osceola Financial Corporarion\ Thompson & Homan Investment Group LEGAL DESCRIPTION: Lots 1, 2, 3, 4 and 5, Lakeview Heights Subdivision GENERAL LOCATION: Approximately 150' north of the intersection of Grand Highway and SR 50, on the west side of Grand Highway. REQUEST: A request to amend Resolution No. 871 for an extension of time to continue to allow the temporary operation of a bank facility in an existing building, with temporary mulch parking, and an extension of time for construction of a permanent facility, located in the R-3-A Residential/Professional District and C-2 General Commercial Business District. Mr. Harker explained that the applicant is requesting a time extension amendment of the previously permitted Conditional Use Permit which affiliated the existing building on lot 5 for utilization as a temporary bank facility, and allowed intermediate term mulch parking until the permanent facility could be constructed on the adjacent lots. The Future Land Use District designations for the area are UD-2 and UD-5 which allow general business and professional offices, respectively. The proposed request is consistent with directives of the Future Land Use Map and Zoning District designations which permit professional office oriented uses. The surrounding land uses include professional office and highway commercial to the south, residential to the north and west, and commercial (Clermont Regional Shopping Center and Quincys Restaurant) to the east. Mr. Harker stated that recognizing the general area is transitional in nature, and an approved professional office use has been permitted at this location and other nearby • • CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MAY 7, 1996 Page-3- locations previously, Staff recommends approval for a time extension amendment for the temporary bank facility with intermediate term mulch parking, and construction of the permanent facility with the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 3. All applicable rules and regulations shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a low volume permanent irrigation system including City approved and State mandated back-flow prevention device. If an automatic imgation system is utilized the permittee shall provide a City approved and State mandated rain sensor gauge. All landscape areas must be properly maintained. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met and approved by the City Engineer. These areas shall be properly maintained. 4. Prior to formal application fora "development permit" the applicant shall dedicate to the City a ten (10) foot wide right-of--way, the length of the subject property along Grand Highway, to meet compliance with collector road status of the adopted Comprehensive Plan. S. The applicant shall construct a single right turn lane along Grand Highway, including necessary appurtenant roadway and intersection improvements to both S.R. 50 and Grand Highway, accel/decel lanes, and ingress/egress drives as approved by the City Site Review Committee. The appropriate FDOT and Lake County permits shall be obtained and filed with the City prior to issuance of a development permit for the project. 6. The permanent bank facility shall secure all necessary permits and commence "Substantial Construction Work" within six (6) months from the date of grant by the City Council. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 7. The Conditional Use Permit allowing operation of a professional office (temporary bank facility) on lot 5 shall become null and void twelve (12) months from the date of grant by the City Council. Further and specifically, lot 5 shall no longer be a • • CITY OF CI,ERMONT MINUTES PLANNING AND ZONING COMMISSION MAY 7, 1996 Page - 4 - part of this Conditional Use Permit twelve (12) months from the date of grant by the City Council, 4~1 D a new Conditional Use Permit shall be required for operation of any professional office use proposed to occur on the site. 8. The site shall be provided with a masonry dumpster enclosure with wooden gates which shall be indicated on the approved site plan. 9. The permittee shall provide a sidewalk constructed in accordance with City standards along Grand Highway the length of the subject property. 10. All lighting for the proposed facility shall be designed and located such that light and/or glare shall be directed upon the subject properly only. I1. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 12. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 13. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by Resolution. Mr. Harker noted that condition number 6 as presented to the Planning and Zoning Commission in their packet is to be deleted as the traffic signal is now in place. A motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff, seconded by Keith Mullins, approved by a unanimous vote. There being no further business the meeting was adjourned. Robert Smythe, Ch an ATTEST: Mimi aw Ogden, Planning T " hnician