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09-05-1995 Regular Meeting• • Cl7Y OF CI.F,RMOIV7" MINUTES PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 5, 1995 The meeting of the Planning & Zoning Commission was called to order Tuesday, September 5, 1995 at 7:00 P.M. by Chairman Robert Smythe. Members present were James Brown, Wendell McDannel, Joseph Wiebush, Marilyn George, Keith Mullins, Darryl Bishop, Joseph Janusiak and Bill Rauch. Also attending were Lanny Harker, Director of Planning and Mimi Shaw Ogden, Planning Technician. MINUTES of the Planning and Zoning Commission meeting held August 1, 1995 were approved as presented. 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Osceola Financial Corporation OWNER: Osceola Financial Corporation\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 #847 to revise the legal description, to allow the temporary operation of a bank facility in an existing building and to temporarily allow mulch parking, located in the R-3-A ResidentiaU Professional District. Mr. Harker explained that the applicant is requesting amendment of the previously permitted Conditional Use Permit to affiliate lot 5 with the existing Conditional Use Permit for utilization of the existing building as a temporary bank facility, and to allow intermediate term mulch parking on lot 4 to accommodate required parking for the proposed use. This is a cooperative effort by the applicants to provide a temporary bank facility during proposed construction of the permanent bank on the adjacent lots. The existing Conditional Use Permit for the draftsman office approved on lot 5 is to be rescinded, and the temporary use of the building for the bank is asked to be provided. In addition, the structure located on lot 4 is proposed to be relocated to a separate site in another part of the City, and a mulch parking lot is to be placed at this location. The proposed mulch parking lot will ultimately be converted to a paved parking area or become part of the required water retention area. Formal determination of the use .will be made as part of the Site Plan Review and Approval process where specific parameters for construction are provided. • • C17Y OF CLF,RMONT MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 5, 1995 Page - 2 - Mr. Harker explained that in addition to the Conditional Use Permit the applicant will also be requesting a variance to the sign ordinance from the City Council. The request will be to permit one (1) additional sign for the bank. Current ordinance allows one (1) wall sign or one (1) freestanding sign to be constructed in the R-3-A zoning district; the applicant would desire one (1) of each type of sign. 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 designation 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) to the east. Mr. Harker stated that recognizing the proposed use is temporary in nature, the general area is transitional in nature, and an approved professional office use has been permitted at this location and other nearby locations, staff recommends approval for temporary bank facility and the intermediate term mulch parking with the following conditions: 1. This Conditional Use permit shall be approved conditioned upon compliance with all previous conditions specified in Resolution No. 814 and No. 847 with the exception of time frames for construction as delineated in this Conditional Use Permit. 2. The bank facility shall be permitted one (1) freestanding ~ one (1) wall sign in conformance with sign regulations specified for the R-3-A zoning district. 3. The permanent bank facility shall secure all necessary permits and commence "Substantial Construction Work" within nine (9) months from the date of grant by the City Council. "Substantial construction work" means the commencement and continuous prosecution of construction of re,~uired imorgvements .ultimately finalized at completion. 4. This Conditional Use Permit shall expire eighteen (18a months from the date of formal grant by the City Council. 5. The temporary bank facility shall commence operation within six (6) months from the formal date of grant by the City Council otherwise this Conditional. Use Permit shall become null and void. ~~ • • Cl7Y OF CI.F.RMOlV7" MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 5, 1995 Page-3- 6. The structure shall be inspected by the County Building Official and all building standards for use as a temporary bank facility shall be provided prior to a certihcate of occupancy being issued. 7. The structure shall be inspected by the Fire Marshall for life safety requirements and all standards for use as a temporary bank facility shall be provided prior to a cert~cate of occupancy being issued. 8. If in the future, the generation of refuse and trash exceeds normal residential container amounts a dumpster with standard required enclosure shall be installed. 9. All lighting for the proposed facility shall be designed and located such that light and/or glare shall be directed upon the subject property only. 10. The heal certificate of occupancy for the temporary bank facility shall not be issued until each of the stated conditions have been met. 11. If any of the stated conditions are violated, the applicant understands and agrees the City Council may revoke this Conditional Use Permit by Resolution. 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 Greg Homan, representative of the applicant, of 20570 Sugarloaf Mountain Road, Clermont, Florida. Mr. Homan stated, for the record, is that one of the four lots is in a commercial zone, which would allow three types of signs. However the lot that the temporary bank will be located on is not zoned commercial and would therefore only be allowed one sign. The applicant would therefore like to have one free standing sign that is perpendicular to Grand Highway so that it can be seen going north and south on Grand Highway and one wall sign on the building that can be seen from the Clermont Regional Shopping Center. Mr. Homan then asked the Commission to recommend to the City Council that they be allowed both a ground sign and a wall sign. Member Bill Rauch asked if the free standing sign would be the permanent sign for the new bank. Mr. Homan stated this free standing sign would not be permanent as the temporary bank will be located on lot S and the permanent bank will be located on lots 1, 2, 3 -and 4. The free standing sign on lot 5 will be removed. • • Cl7Y OF CIEKMON7' MINUTES PLANNING AND ZONING COMMISSION SEPTEMBER 5, 1995 Page - 4 - Chairman Robert Smythe stated he felt the mulch parking could be a problem with such a high traffic generator such as a bank. Mr. Homan noted that if there were any problems to arise with the mulch parking it would be resolved immediately as this could be a detriment to the bank. Mr. Homan noted that there would be no point in paving the parking area, as when the permanent bank is constructed the pavement would have to be removed as this would be the water retention area for the permanent structure. Chairman Smythe noted that this point was valid economically, however problems could arise with heavy rainfall. Mr. Homan stated that there is mulch parking on lot 7 which is north of this site and they have had no problems with the parking area. Chairman Smythe stated that an entire lot would be mulch for the bank with nothing to stop the flow off the property. Mr. Harker noted that there are standards in the Land Development Regulations that require nbbon curbing and other devices to hopefully preclude any movement of the mulch. Again, it would be in the banks best interest to keep the parking area in good condition. Chairman Smythe noted that he felt there should be a stipulation incorporated into the CUP that if there is a problem with the mulch it will be remedied immediately. A motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff with an additional condition that if any problem arise with the mulch parking area it will be addressed by the property owners, seconded by Bill Rauch, approved by a unanimous vote. There being no further business the meeting was adjourned. . ~~~ ~~~ Robert Smythe, Chairman ATTEST: Mim Shaw Ogden, Planning echnician