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01-04-1994 Meeting~ • CITY OF CLERMON7" MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 The meeting of the Planning & Zoning Commission was called to order Tuesday, January 4, 1994 at 7:00 P.M. by Chairman John Sargent. Members present were Jim Hoskinson, Joseph Janusiak, Joseph Wiebush, Wendell McDannel, James Brown and Marilyn George. Members absent were Bonnie Kranz and Don Smith. Also attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician. MINUTES of the meeting held December 7, 1993 were approved as presented. 1. REQUEST FOR REZONING APPLICANT: Dennis K. Benbow OWNER: Beatrice Ettinger, Et AI LEGAL DESCRIPTION: Tracts 53A, 53B, 54A, 54B, 59 and 60 Lake Highlands Co., Section 29, Township 22, Range 26 and Tract 5, Lake Highlands Co., Section 32, Township 22, Range 26. GENERAL LOCATION: Property lying east of US Highway 27, north and south of Steve's Road. REQUEST: A request for rezoning from RR (Residential District) to R-1 {Urban Residential District). Mr. Harker stated that in accordance with current City regulation all properties annexed into the City of Clermont automatically receive designation as Rural Residential District (RR) upon formal approval for annexation by City Council. The applicant and owner of this site are requesting rezoning to R-1, Urban Residential District for the 52 +/- acre parcel described above. Mr. Harker further noted that the subject property is situated at the southeast corner of U.S. 27 and Steve's Road, adjacent to the existing City boundary surrounding Wilma Lake. The applicant has expressed a desire to develop a single family subdivision meeting the R-1 zoning district criteria (i.e. 7,500 square foot lots, etc.) The City adopted and state approved Comprehensive Plan indicates this area for expansion in a residential pattern as evidenced by the UD-10 Future Land Use Map category which recommends development of detached single family units. Therefore, rezoning to R-1, Urban Residential District, would be in conformance with approved directives for future City growth and development. • • Cl77' OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page-2- Based upon the City adopted and state approved Comprehensive Plan, Staff recommends approval of the rezoning from RR (Rural Residential District) to R-1 (Urban Residential District) subject to formal action of the City Council for the requested annexation. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Dennis Benbow, 324 Interlachen Avenue, Winter Park, Florida. Member Jim Hoskinson asked if improvements would be made to Steve's Road. Mr. Benbow stated that Steve's Road would be paved. A motion was made by Jim Hoskinson to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. 2. REQUEST FOR REZONING APPLICANT: Thompson/Homan Investment Group OWNER: Osceola Financial Corporation LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, 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 for rezoning from R-2 (Medium Density Residential District) to R-3-A (Residential/Professional District). Mr. Harker informed the Commission that the applicant is requesting rezoning from R-2 to R-3-A to facilitate proposed professional office use in this area. The request made by the applicant is the minimum classification necessary to facilitate operation of professional office uses which may not occur in R-2 zoning districts of the City. The requested R-3-A zoning is consistent with both Future Land Use District designations (UD-2 and UD-5) which would permit residential/professional office uses and is compatible with Future Land Use Map directives which indicate commerciaUprofessional office use development to the south, east and west, and CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page - 3 - residential/professional uses to the north. In order to eliminate potential confusion concerning the parcels in question, it should be clarified that lot #1 lies in the UD-2 Future Land Use District designation and lots #2, #3, and #4 lie in the UD-5 district. Surrounding zoning of the area is R-2 and C-2 to the west, C-2 to-the south and east, and R-2 to the north. Therefore, based upon the above information and criteria and demonstrated compliance with Future Land Use directives for the area, Staff recommends approval of this request for rezoning from R-2 to R-3-A. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Greg Homan, 20570 Sugarloaf Mountain Road, Clermont, Florida. Mr. Homan explained that they do hope to purchase lots 5 and 6, which would extend to Almond Street. Mr. Harker noted that the Future Land Use Map does designate all of the Lakeview Heights Subdivision to be Residential/Professional Office area. A motion was made by Marilyn George to recommend approval to the City Council as presented by staff, seconded by James Brown, approved by a unanimous vote. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Thompson/Homan Investment Group OWNER: Osceola Financial Corporation LEGAL DESCRIPTION: Lots 1, 2, 3 and 4, 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 for a Conditional Use Permit to allow the construction of a professional office in the R-3-A Residential/Professional District. • CITY OF CLERMON7' MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page-4- Mr. Harker stated that the applicant is requesting a Conditional Use Permit to construct a professional office building in the R-3-A Residential/Professional District. The structure would be comprised of two (2) stories with a bank facility located on the lower level and real estate offices being located on the second. The site is located on the west side of Grand Highway, approximately 150' north of S.R. 50. The Future Land Use District designations are UD-2 and UD-5 which allow retail sales and business, and professional offices, respectively. The proposed request is also consistent with directives of the Future Land Use Map and Zoning District designation which permit quasi- commercial oriented uses. The surrounding land uses include retail, professional office and commercial to the south, residential to the north and west and commercial to the east. The site plan included in the information packets indicates the office structure located adjacent to the existing professional office use and vacant property awaiting future commercial development. The parking, stormwater and required buffer areas have been placed adjacent to the existing residential properties to afford some open space and buffering from the residential uses. It should also be noted that lot #1 lies within the UD-2 Future Land Use district which could potentially allow development of some form of high intensity commercial use which would not have to proceed through the Conditional Use Permit process for approval. The proposed action is in essence a cooperative effort to provide a form of less intensive land use in a demonstrated transitional area of the City. Therefore, staff recommends approval of the CUP 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- • Cl7Y OF CI.F.RMONT MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page - 5 - flow prevention device. If an automatic irrigation system is utilized a City approved and State mandated rain sensor gauge shall be installed. 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. 5. The applicant shall construct a right turn lane along Grand Highway, including necessary appurtenant roadway and intersection improvements to S.R. 50, 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. At such time as a traffic light is warranted at the intersection of S.R. 50 and Grand Highway, the applicant shall pay a pro rata share of costs, based on traffic counts, for implementation of the required improvement in conformance with Transportation Element directives of the Comprehensive Plan. 7. The site shall be provided with a masonry dumpster enclosure with wooden gates which shall be indicated on the approved site plan. 8. The permittee shall provide a sidewalk constructed in accordance with City standards along Grand Highway the length of the subject property. 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. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 11. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. CITY OF CLERMONT L' MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page-6- 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. At this time Mr. Sargent asked all those present who wished to speak in regard to this case be sworn in. Persons sworn in were Greg Homan of 20570 Sugarloaf Mountain Road, Clermont, Florida. Mr. Homan asked the Commission for their support on changing condition #10. Mr. Homan explained that the Comprehensive plan currently only allows a floor area ratio of 18%, however, City Staff does recognize that this is very restrictive, and this will hopefully be changed in the near future. We would therefore like to request that condition #10 be changed so that a revision of the Conditional Use Permit would not be necessary when we expand the building. Mr. Harker explained that this is a standard condition of a CUP. This is a requirement of a CUP due to the fact that a use that seems appropriate for a particular area now, might not seem appropriate in the next five years, because of it's uniqueness it may or may not flit in. The impacts on the infrastructure in this area may be different in years to come and it might not be feasible at the time to expand the structure. Mr. Homan further reiterated his desires to have condition #10 changed. Further discussion followed regarding the changing of condition #10. A motion was made by Wendell McDannel to recommend approval to the City Council as presented by staff, seconded by Joseph Janusiak, approved by a unanimous vote. Member Jim Hoskinson noticed those present that, due to the fact that he will be moving outside of the City limits, he will be resigning from the Planning and Zoning Commission effective immediately. • CITY OF CLERMONT • MINUTES PLANNING AND ZONING COMMISSION MEETING JANUARY 4, 1994 Page-7- There being no further business the meeting was adjourned. ~ ~ ~.. . f C' f ,' John N. argent, Chairm n ATTEST: Mim Shaw, Planning Technician