Loading...
09-06-1988 Regular Meetings • • PLANNING AND ZONING COMMISSION SEPTEMBER 6, 1988 The regular scheduled meeting of the Planning and Zoning Commission was called to order at 8:30 p.m. by Chairman John Sargent. Members attending were Marilyn George, Bonnie Kranz, Rob Mitchell, Adelbert Evans, Don Smith, Curt Dicamillo and Cecil Smart. Debbie Gaines was excused. Also attending were Wayne Saunders City Manager, James McAllister Planning Director and Jane Warren Planning and Zoning Technician. MINUTES of the meeting held August 2, 1988 were presented. NEW BUSINESS Mr. Sargent introduced Item No. 1. CONDITIONAL USE PERMIT REQUEST OWNER: Pat McCaffrey APPLICANT: Lake-Sumter Medical Services LOCATION: 1740 So. Highway 27 ZONING: C-2 General Commercial approved as REQUEST: To amend Conditional Use Permit granted as Resolution No. 359 and amended January 13, 1987. The applicant is requesting an amendment to Conditional Use Permit ( Resolution No.# 359) allowing for a public facility/ ambulance service building. Resolution No. 359 will expire September 30, 1988. STAFF'S RECOMMENDATION: Mr. McAllister stated the proposed request is consistent with all applicable City regulation and would not have an adverse impact on surrounding land uses and as such, Mr. McAllister recommended approval of this request with a specific expiration date or a provision for a permanent structure and the removal of the mobile home. Mr. Larry O'Shaunsey of Lake-Sumter Medical Services was present and stated they would like to remain of the site because of the ideal location which has immediate access to Highway 50 and Highway 27. Mr. Shaunsey also stated the current location also allows for an average 4 minute response time to the community. Mr. Saunders gave a brief background, stating the original Conditional Use Permit was granted as a Mobile Homes Sales Office. After the Mobile Home Sales went out of business, Lake-Sumter Emergency Medical Services approached the City with a request for a Conditional Use Permit with the understanding that they would occupy the site on a temporary basis until they could relocate to a permanent site. 1 f • • Mr. Saunders agreed with Mr. O'Shaunsey that the location is an excellent for this type of service, but emphasized that the mobile home at this location is against City Code. Mr. Saunders expressed concerns about other businesses approaching the City with similar request. Mr. Smith stated he felt a year was ample time to either relocate or build a permanent structure. After a brief discussion a motion was made by Mr. Rob Mitchell to grant approval of this request for 6 months at which time the mobile home would be removed or a permanent structure be constructed, seconded by Mr. Evans and approved by unanimous vote. Mr. Sargent introduced Item No. 2. CONDITIONAL USE PERMIT OWNER: William Lawson APPLICANT: Progressive Plumbing PROPERTY: W 1/2 of Lot 17, and all of lots 14, 16, 18, 19, 20 21, and 22 in Block 111 in Sunset Park, and that part of Block 125-A lying north of St. Rd. 50 and that part of abandoned Broome Street lying between said Block 125-A and said lots 14 through 22, of said Block 111. LOCATION: 1060 West Highway 50 ZONING: M-1 Industrial District REQUEST: To construct a 12,365 sq.ft. building with the side yard setback of 3' where a 12' setback is required and a rear yard setback of 5.65' where a 25' setback is required The applicant is requesting a Conditional Use Permit to construct a 12,365 square foot warehouse addition with a side setback of three (3) feet and a rear yard setback of (5) feet. The subject property is situated immediately east of Exceletech on Highway 50. Surrounding land uses consist of Exceletech to the west, four !4) apartment units to the north and a single family home to the east. Mr. McAllister stated the reason for this request is that the Zoning Code requires a Conditional Use Permit for all manufacturing uses over 7000 square feet of floor area. As indicated on the plan, the applicant wishes to deviate from the side and rear yard setback requirements claiming that the hardship is the necessity of connecting the existing structure to the new structure. The area lying between 12th Street, Desoto Street, 10th Street and Highway 50 shows the scars of years of unplanned land use. Heavy industrial uses operate side by side with residential and light commercial uses. The area is primarily light industrial in character; however, attention must be given to those residential uses that are present. 2 • • The issue in this case is not whether the use should be allowed as the applicant is allowed by right to construct a facility under 7000 square feet, but whether or not the setbacks and the proposed size of the building will have an adverse impact on the surrounding land uses. Addressing the setback issue first, compatibility with surrounding land uses is secondary compared to the public safety issue. Present building codes notwithstanding, ideally, all industrial building and hazardous storage areas should provide a twenty (20) foot wide fire department access road in the rear of such building. Given the existing situation in that a multi- family complex and two single family home sit less than twenty- five (25) feet from the applicants rear property line, safety reasons if not any other, should warrant a recommendation of denial for this variance request. The request for a side setback variance from twelve (12} feet to three (3) feet is according to the applicant necessary due in part to the fact that the existing building is at three (3) feet and that the proposed building design is such that it must line up with the existing building. The City of Clermont side yard setback for industrial uses is quite liberal at twelve (12) feet. Most industrial uses deal with some degree of combustible and/or hazardous materials and as such should provide for some margin of safety with regard to neighboring land uses. A three (3) foot side setback would leave an access corridor of only fifteen (15) feet if the neighboring parcel was developed. This is a highly unacceptable situation and as such, should not be permitted. In requesting the two setback variances, the applicant failed to address the City's Landscape Code which calls for a five (5) foot wide landscape buffer. If this request is approved the applicant would be required to file for a variance from that requirement on the east property line. Lastly, the zoning code states that all industrial uses over 7000 square feet requires a Conditional Use Permit. The proposed 13,764 square feet of floor area in itself does not present a problem as long as the other property development regulations are adhered to. Mr. McAllister recommended denial of the two variance requests and approval of the request for an addition of 12,365 square feet to the existing building. Mr. William Laws numerous problems exisiting building fire vehicle could the engineers and preliminary plan. ~n was present and stated there have been with lining the proposed building up with the but felt that the requirements for access for be taken care of at a site review meeting with emphasized that the current site plan is a Mr. Smith suggested extending the building to the west, which would not require a variance to the setbacks as required by the zoning ordinance. Mr. Evans asked what type of plastics would be stored on the premises, expressing concern regarding toxic fumes if there were ever a fire. 3 t • • Mr. Lawson stated PVC, copper and steel pipes, would be the only pipes stores on the premises. Mr. Mitchell asked staff what safeguards could be implemented to insure future businesses would not store possible hazadarous materials on the site. Mr. Saunders stated this also was a concern of his since this is an industrial district. Mr. Saunders emphasized the necessity is meeting the currents setback requirements as a safeguard to the surrounding residential neighborhood. After a brief discussion a motion was made by Mr. Smith to recommend to the City Council approval of the 12,000+ sq. ft. warehouse and to allow a 3' setback on the east property line, seconded by Bonnie Kranz. Mr. Mitchell opposed the motion stating that he felt the Commission had a moral obligation to protect the surrounding neighborhood against possible conditions that could impose on the safety and well being of the residents. The motion was denied by a 5-3 vote. Members Adelbert Evans, Curt Dicamillo, Marilyn George, Rob Mitchell and Chairman John Sargent voting nay. Members Don Smith, Bonnie Kranz, and Cecil Smart voting aye. A second motion was made by Marilyn George to recommend to the City Council approval of the requested 12,000+ warehouse with the conditions that all setback and zoning restrictions be met, seconded by Rob Mitchell and approved by a 7-1 vote. Member Cecil Smart voting nay. DISCUSSION Mr. McAllister advised the Commission that the staff is in the process of revieing the Zoning Ordinance in an attempt to streamline the zoning regulations and also the clarify any gray area which may exist. Mr. McAllister stated requirements regarding Boathouses, Personal Use in the R-3 District and Restaurants in the C-1 Commercial District were a few of the areas being scrutinized. Mr. McAllister requested any input from the members of the Commission that they felt warranted review. Mr. Smith emphasized the need to address the restriction regarding the sale of alcholic beverages within 500' of a school of church, which has been brought before the Commission several times in the last two years. There being no other business the meeting was adjourned. 4