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.
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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.
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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.
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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.
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CITYOF CLERMONT
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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.
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CITY OF CLERMONT
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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.
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CITY OF CLERMONT
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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.
~--,
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~ John `N. Sargent, hairman
ATTEST:
e Warren
P anning & Zoning Technician
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