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10-03-1989 Regular Meeting• • CITYOF CLERMONT MINUTES PLANNING & ZONING COMMISSION OCTOBER 3, 1989 The regular scheduled meeting of the Planning & Zoning Commission was called to order on Tuesday, October 3, 1989 at 7:30 p.m. by Chairman John Sargent. Members attending were James Brown, Marilyn George, Don Smith, Curt DiCamillo, Bonnie Kranz and Robert Mitchell. Member Adelbert Evans was excused. MINUTES of the meeting held September 5, 1989 were approved as presented. NEW BUSINESS REZONE REQUEST APPLICANT:Capital Gains Partners IV, Ltd. 604 Courtland Street Suite 200 LEGAL DESCRIPTION: All of Tract 58 lying east of U. S. Highway 27 Section 29, Township 22 S., Range 26 E., Lake Highland Company Subdivision. LOCATION/GENERAL DESCRIPTION: East of Highway 27 and approximately one-half mile south of Highway 50. APPROXIMATE ACREAGE: 5.9 ZONING: Present: R-R Rural Residential District Proposed: C-2 General Commercial District RECOMMENDATION: Mr. McAllister advised the Commission that the introduction of the ordinance proposing the annexation of this parcel into the City was introduced by the City Council on September 26, 1989 and the applicant is requesting a zoning change pending the acceptance of the requested annexation. The introduction of the Ordinance requesting the proposed rezoning is scheduled to be heard by the City Council on October 10, 1989. Both the annexation and the rezoning will be presented to the City Council for adoption on October 24, 1989. Mr. McAllister made reference to approximately 10.5 acres immediately to the north of the parcel in question, that was annexed into the City by the same applicant on June 14, 1988 and subsequently rezone to C-2 by the City Council on December 13, 1988. Therefore rezoning the parcel to C-2 would complete the zoning pattern initiated by the previous annexation and increase the amount of vacant developable commercial property within the City. Mr. McAllister recommended approval of this requested zoning change from the R-R Rural Residential District to C-2 General Commercial District. 1 • • CITY OF CLERMONT MINUTES Mr. Smith asked if water and sewer were available that far south. Mr. McAllister pointed out that water and sewer lines are not on site, but pointed out that the applicant had been advised that it would be the responsibility of the developer to run the necessary lines to provide service at the time of development. After a brief discussion a motion was made by Don Smith to recommend to the City Council approval of this request as presented, seconded by Cecil Smart and approved by a unanimous vote. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: William E. Lawson LOCATION: 1060 West Highway 50 ZONING: M-1 Light Industrial REQUEST: To construct a 12, 364 square foot warehouse. The applicant originally applied for this use in September of 1988 and was granted a Conditional Use Permit on September 13, 1988, but did not return the necessary forms to activate the Conditional Use Permit within 90 day of the date granted, therefore the permit became null and void. In the original request the applicant requested a variance pertaining to setbacks. The variance was denied by Council. The current request is for the structure only. Mr. McAllister pointed out the use is appropriate for the M-1 District, but referred to the Zoning Code which requires a Conditional Use Permit for all manufacturing uses over 7000 square feet of floor area. Denise Judy, representing the applicant, stated that the floor plan had been revised and the total square footage of the building would be 9,760 square feet. Mr. Smart stated he felt the use would be suitable fvr the district and pointed out the original request, which had been granted, had been for a larger building. Mr. McAllister suggested if approval were recommended to the Council it should state " a building no larger than 10,000 square feet." After a brief discussion a motion was made by Cecil Smart to recommend to the City Council approval of this request as recommended by staff, seconded by Marilyn George and approved by a 7-0 vote. Commission member Bonnie Kranz, being employed by the project architect, declared a conflict of interest and abstained from voting. 2 • • CITY OF CLERMONT MINUTES REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Arthur Marceca LOCATION: 180 East Highland Avenue ZONING: R-3-A Professional/Residential District REQUEST: To operate a office in the R-3-A Professional/ Residential District. Mr. McAllister stated the applicant had not submitted a square footage figure for the office, however staff has calculated the structure to be approximately 1000 sq. ft, thereby requiring five (5) parking spaces. The site plan as presented indicates only three (3) spaces, and indicates access to the parcel via the City's right-of-way. Upon approval of the City Council the applicant proposes to construct a 12' wide driveway on City right-of-way. Mr. McAllister informed the Commission that the property immediately to the east is undeveloped. When development occurs the applicant will be required to relinquish use of the driveway to the east, and will be required to participate in the construction of Drew Street to City specification. Mr. McAllister reminded the applicant, removal of any tree on the property requires a Tree Removal Permit, which should be submitted to the City during the site plan review for the water retention and driveway construction. Mr. McAllister recommended approval of this request subject to the following conditions: 1. An access easement must be granted by the City Council. 2. The applicant will be required to verify building floor area so that exact parking can be calculated. 3. A five (5) foot wide landscape buffer will be required on the west property line per City Code 4. All other regulation pertaining to but not limited to signage, tree removal, and stormwater management will be adhered to. Dr. Arthur Marceca was present and informed the Commission of an error in the legal description of the property. Dr. Marceca pointed out the legal description on his closing documents show Drew Street abandoned, therefore Dr. Marceca would be the owner of 1/2 of the closed street. Mr. McAllister stated he was not aware of the discrepancy in the legal description, but if correct Dr. Marceca would not be required to obtain an easement to construct the proposed driveway. 3 • • CITYOF CLERMONT MINUTES Mr. McAllister suggested this discrepancy would not affect the use request and recommended approval of this request and clarification from the City Attorney as to the proper legal description of the site. Marilyn George stated she felt the Commission could act on this request as presented and if research proved the applicant was the owner of the supposed abandoned street, Conditional No. 1 would then be unnecessary and deleted. After a brief discussion a motion was made by Don Smith to recommend to the City Council approval of the request as presented by staff, seconded by James Brown and approved by an unanimous vote. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Myron M. Samole APPLICANT: Curtis Rutzabeck LOCATION: 141 N. Highway 27 ZONING: C-2 General Commercial Business District REQUEST: To operate a heli-stop in the C-2 General Commercial District. RECOMMENDATION: Mr. McAllister stated the applicant has indicated on the plan four (4) potential locations with the intention that at least one of the locations will be approved. The applicant is required to secure local municipality approval before any state and federal approvals can be obtained. As a point of clarification, the applicant is applying for approval of a heli-stop as opposed to a heli-port. The primary difference between the two is that a heli-port is licensed for the loading and take-off of helicopters plus auxiliary facilities such as hangars, fueling and maintenance equipment. Mr. McAllister stated he had contacted FDOT and was advised that preliminary inspection of the site had been made and found the site suitable for such operation. FDOT has reviewed the applicant's pad locations and has determined that the approach/departure corridors are adequate. Each pad is required to have at least two approach/departure corridors, each being at least 90 degrees apart in direction. Each approach/ departure corridor shall be at least 500 feet wide with various requirements on the angle of obstruction clearance. Mr. McAllister stated some of the adjacent property owners had contacted him and expressed their concern regarding the possible noise level during landing and take-offs. 4 CITYOF CLERMONT MINUTES Referring to the site plan, Mr. McAllister stated he felt Pad C and D would have a definite impact on the adjoining church and single family residence to the east. With regards to accessibility of the pads, Pad D would be located in a remote portion of the site while Pad C would be located within an existing parking lot. Mr. McAllister suggested Pads A and B would represent the best possible location for the proposed heli-stop and recommend approval of this request subject to the following conditions: 1. Site plan approval will be required for the construction of the two pads. 2. The use will be utilized in conjunction with the Citrus Tower only as an attraction. Under no circumstances will an air taxi service or any other use not consistent with the intent of this request be operated from this location. 3. Fire protection will be provided in accordance with local, state and federal codes. 4. Hours of operation will be from 8:00 a.m. to 5:00 p.m. 7 days a week only. 5. Pad A will setback a minimum of 100 feet from US 27. Pad B will setback a minimum of 50 feet from Grand Highway. 6. No permanent fueling stations will be permitted and no permanent storage of the aircraft on premises will be permitted. Mr. Curt Rutzebeck, the applicant, was present and stated he was aware of the noise abatement concerns and expressed his desire to work with the City and the neighboring property owners. Mr. Smith suggested Pad A would create a visual distraction for traffic on Highway 27. Mr. Smart expressed concern about blowing debris during take-offs and landings. Mr. Rutzeback pointed out that the entire area is sodded and the helicopter would be landing on a paved surface. Mr. Rutzebeck also mentioned that the proper approach will have a great deal to do with the amount of blowing debris. Mr. Rutzebeck emphasized the foundation of his operation is based on adhering to and going beyond the required safety precautions. Mr. Rutzebeck also informed the Commission that he carries insurance well above the minimum requirements of the state. Mr. Jodway, owner of Motel 8, expressed concern about the early hours and the noise factor that could be disturbing to people in the Motel. Mr. Jodway stated he would like to see an on site demonstration. 5 CITY OF CLERMONT MINUTES Mr. Jodway also wanted assurance that upon approval, the applicant would not upgrade the size of the vehicle without approval from the City. Mr. Rutzebeck stated he would only want to bring in an aircraft of equivalent size, should his aircraft need repair. Mr. Rutzebeck stated that FAA and the FDOT will not grant any permits without first securing authorization from the City in question. Therefore insuring the control of the City through the Conditional Use Permit procedure. Mr. Millard Johnson spoke on behalf of Mr. John (Doc) Jones, and stated he was not opposed to this project. Rev. Ed Ivey, Pastor to the Clermont Church of God, was presented and stated he was speaking on behalf of his congregation, who were opposed to this project, only because at this time they have not had the opportunity to communicate with the applicant and to clarify the operation, hours and noise of the proposed project. Rev. Ivey informed the Commission that he had very little time to review the request, since he had been in Charleston, S. C. for the past 10 days. Rev. Ivey stated that he felt the Church had been a good neighbor to the Citrus Tower and felt the two establishments had worked harmoniously in the past and wished to continue as such. Rev. Ivey requested that Mr. Rutzeback contact him and make arrangements to address the congregation and answer any questions regarding the operation of the proposed request. Rev. Ivey again emphasized that his congregation was willing to review the project before formally stating their position on the project . Rev. Ivey expressed concern regarding, safety, noise pollution, rotor wash, and the compatibility with already granted uses in the area. Rev. Ivey requested if the request were recommended for approval, the hours of operation be restricted the hours of 9:30 a.m. and 12:30 a.m, on Sunday morning. Diane James, manager of the Citrus Tower, was present and stated she was in favor to the project. Cecil Smart suggested the Citrus Tower was an appropriate location for such a project. Don Smith stated that he was not opposed to the request, but he would like an on site demonstration. Marilyn George stated she was not opposed to the request and alluded to that fact that the hospital heliport did not create a noise problem for the surrounding neighborhood. Mr. Mitchell suggested the needed for an on-site demonstration and encouraged Mr. Rutzebeck to arrange for such, before the October 24, 1989 City Council meeting. 6 CJ CITY OF CLERMONT MINUTES Mr. Rutzebeck stated it would be difficult to obtain a permit for a demonstration from the FAA, but suggested that a temporary or one-time permit could be issued by the City for a demonstration. After further discussion a motion was made by Cecil Smart to recommend to the City Council that the request to operate a Heliport be granted for Pad "A" only, seconded by James Brown and approved by a unanimous vote. There being no further business, the meeting was adjourned. ~--, . c- ~_ ~ John `N. Sargent, hairman ATTEST: e Warren P anning & Zoning Technician 7