10-06-2009 Regular MeetingCity of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2009
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday October 6, 2009 at
7:02 p.m. by Vice-Chair Cuqui Whitehead. Other members present were Bernadette Dubuss, Robert
Boyatt, Nick Jones, Bill Gray, and Robert Loyko. Also in attendance were Jim Hitt, Planning Director,
Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held September 1, 2009 were approved as
written.
REPORTS
Planning Director Jim Hitt stated that the fountain in Center Lake is active. He stated that at the Historic
Village the parking lot has been repaved, they are doing the brick laying around the circle, and the
construction on the depot is going well. He stated it should be ready for the 125`" Celebration.
Cuqui Whitehead stated that there will be venders at the 125`" Celebration selling memorabilia which
includes a book, calendars and mugs. She stated that you can download a schedule from the City's
website.
1. REQUEST FOR A CONDITIONAL USE PERMIT
OWNER: Hunters Trace Properties, Inc.; Bob Wade
APPLICANT: Business Services Enterprises, LLC; Alan Siegel
REQUESTED ACTION: Request Conditional Use Permit to operate a sweepstakes and internet
gaming operation in conjunction with a retail pre-paid phone card sales
operation
LOCATION: 761 S.R. 50 (west of U.S. 27 and McDonalds in the Walgreens plaza)
PARCEL SIZE: 3.72 acres total
EXISTING ZONING: C-2, General Commercial
EXISTING LAND USE: Commercial
FUTURE LAND USE: Commercial
Planning Director Jim Hitt stated that the applicant, Business Services Enterprises LLC, is requesting a
Conditional Use Permit (CUP) to operate a sweepstakes and internet gaming operation in conjunction
with a retail pre-paid phone card sales operation.
Mr. Hitt stated that the applicant, through its business relationship with a company called Pong
Marketing and Promotions Inc., sells pre-paid long distance phone cards, along with internet time. He
stated that these two companies have contracted with a third company, Gametronics, to provide a
promotional program that includes sweepstakes games as a marketing method.
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MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2009
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Mr. Hitt stated that Pong Marketing and Promotions Inc. is not listed with the Florida Department of
State-Division of Corporations. He stated that there are four inactive corporations with the name
Gametronics.
Mr. Hitt stated that the applicant included a business description with the CUP application. He stated
that the process begins when a customer purchases apre-paid phone card and then receives free
sweepstake entries in proportion to the phone time purchased. He stated that the sweepstakes are used
as a promotional tool to sell the pre-paid phone card, internet time, other retail items and office services.
Mr. Hitt stated that the sweepstakes entries can only be used to play the sweepstakes games. He stated
that the sweepstakes games are displayed on a computer LCD terminal, of which there are 35 planned at
this location. He stated that prizes range in value from $1.00 to $1,000 which can be redeemed for cash
and/or prizes.
Mr. Hitt stated that the retail portion of this business is covered under permitted uses, the 35
sweepstakes or internet terminals are not listed as either a permitted use or a conditional use. He stated
that in accordance with the code, in the case of uncertainty of the classification of any use (the
sweepstakes business portion/use), the use is required to attain a CUP from the City Council.
Mr. Hitt stated that the phone card sales portion of this business may fit into the plaza's parking
conditions under normal requirements for a retail or office use. He stated that the 35 terminals described
would require additional parking spaces.
Mr. Hitt stated that the 44,277 sq. ft. plaza was developed prior to the current parking code requirements
and has a total of about 173 spaces. He stated that under the current code at one parking space per 200
sq. ft., the plaza would now require 222 spaces.
Mr. Hitt stated that the location that the applicant is planning to use is 2,100 sq. ft., which would
normally require only 11 parking spaces. He stated that this plaza is already under parked; this number
would be even lower.
Mr. Hitt stated that the applicant proposes one parking space for every two terminals, which equals 18
parking spaces or seven spaces over the current code.
Mr. Hitt stated that the Florida Department of Transportation is currently working on aright-of--way
acquisition for this area in conjunction with the U.S. 27 and S.R. 50 interchange improvements. He
stated that this road construction project is currently not funded; however, FDOT could change that. He
stated that one of the plans for acquisition does show about two spaces being removed from the plaza.
Mr. Hitt stated that the parking for the plaza may have been parked per code when it was developed. He
stated that this plaza is already under-parked per the current code, and staff does not believe parking can
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2009
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accommodate the proposed use as described, which would require at least seven additional parking
spaces as proposed by the applicant. He stated that staff recommends denial of the requested CUP.
Bob Wade stated that he understands the parking issues, but if you have been in Clermont for a while
you will know that their previous renters had approximately 40 employees. He stated that Sears will be
going in there now which will have approximately five employees, and the veterinarian has just opened
up there that has his employees and two -three customers at any time. He stated that the business
opening will probably be more of an after-hours business so the veterinarian and Sears won't be open, so
there should be adequate parking.
Suzie Gibson, 789 W. Highway 50, stated that with the current economic situation the city needs to be
more lenient with businesses opening especially west of Highway 27. She stated that the city does not
need any more empty spaces than what there already are. She stated that there is additional parking
behind McDonalds. She stated that possibly the businesses could ask their employees to park in the
back. She stated that she hopes the city will give this consideration.
Commissioner Boyatt asked if the only issue was parking.
Mr. Hitt stated that is the only issue regarding the city's code.
Commissioner Dubuss asked if the city agrees with the day-time parking verses the evening parking.
Mr. Hitt stated it is hard to say because they have not had experience with this type of business before
and it depends on when peak time and non-peak time is in accordance with the other businesses in the
plaza.
Commissioner Jones asked if all the terminals stated on the application will be public terminals.
Mr. Hitt stated that they will all be public terminals. He stated that the city gets the information from the
applicant for what they feel is operable and they include it in the conditional use permit.
Commissioner Jones asked what is the basis of determining the peak hours of 9 pm to 11 pm.
Frank Sicoli, 1939 Broadleaf Court, Windermere, stated that they currently have an operation in
Sebastian that is open from 10 am to 11 pm. He stated that most of the clientele are retirees that come in
around dinner time, two or three usually ride together and will usually stay until around 10 - 11 pm.
Mr. Jones asked if there were any concerns from the surrounding business owners pertaining this issue.
Mr. Hitt stated that the city has not heard from any of the local business owners.
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PLANNING AND ZONING COMMISSION
October 6, 2009
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Commissioner Loyko stated that it looks like they are about 49 parking spaces short. He asked how
many spaces will be lost when Highway 50 is widened.
Mr. Hitt stated that it looks like they might lose two spaces, but it hasn't been determined how the
alignment of the road will be done.
Commissioner Whitehead stated that she utilizes this area quite a bit because she likes to support the
small businesses in this area. She stated that it is very difficult to find parking on the east end of the
plaza. She asked what age group will be allowed to enter this establishment.
Mr. Sicoli stated that you must be 21 or older to enter. He stated the majority are seniors and they do
tend to stay for an extended period of time. He stated that currently they do not have any handicap
parking in the Sebastian location, and the customers don't seem to have a problem with entering the
facility.
Commissioner Boyatt moved to approve the request for the Conditional Use Permit; seconded by
Commissioner Gray. The motion was amended to allow only 30 terminals by Commissioner Boyatt;
seconded by Commissioner Jones. The vote was 2-4, so the amendment fails. The vote was S-1 to
recommend for approval to City Council to allow the request as previously stated with 35 terminals,
with Commissioner Whitehead opposing.
2. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT
3. REQUEST FOR REZONING
REQUEST: Small Scale Comp Plan Amendment -Ord. No. 623-M /Rezoning -Ord. No. 624-M
PROJECT NAME: Fifth Third Bank
OWNER /APPLICANT: Fifth Third Bank
AGENT: James Campbell / CB Richard Ellis
PARCEL SIZE: 1.27 acres +/-
LOCATION: Northwest corner of Roper Boulevard/ Johns Lake Road and U.S. 27
(County address: 12333 Roper Blvd.)
EXISTING LAND USE: Commercial bank
EXISTING FUTURE LAND USE: Lake County Urban Expansion
EXISTING ZONING: Lake County Planned Unit Development (becomes Urban Estate
upon annexation)
City planner Barbara Hollerand stated that these two items are related requests for the Fifth Third Bank
property on the northwest corner of U.S. 27 and Roper Boulevard/Johns Lake Road. She stated that the
county address is 12333 Roper Blvd. She stated that the bank was built on the 1.27-acre property in
2004. She stated that the Fifth Third Bank is the owner/ applicant and James Campbell with CB Richard
Ellis is the agent. She stated that the property will be considered for annexation at the City Council
meeting Oct. 27. She stated that two other requests-for a future land use change and for rezoning will
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PLANNING AND ZONING COMMISSION
October 6, 2009
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also be considered by the City Council on Oct. 27 and will be presented tonight. She stated that the first
request is for asmall-scale comprehensive plan amendment that would change the Future Land Use
from Lake County Urban Expansion to Commercial in the City. She stated that the rezoning request is to
change from Urban Estate to C-2 General Commercial. She stated that the property currently has
Planned Unit Development zoning in the county, but upon annexation, this will default to Urban Estate
zoning in the City.
Ms. Hollerand stated that the properties to the north, south and west of the subject property are in the
county, with Urban Expansion future land use and Planned Unit Development zoning. She stated that
the Spring Valley residential subdivision is adjacent to the north and west of the property, and Kohl's
department store and retail outparcels are to the south. She stated that across U.S. 27 is the Wal-Mart
shopping center within the City limits. She stated that the Wal-Mart property has Master Planned
Development future land use in the City and PUD zoning.
Ms. Hollerand stated that the site is well served by the transportation network with a signalized
intersection. The property has City sewer and Lake Utility Services water.
Ms. Hollerand stated that this property qualifies for the small-scale comprehensive plan amendment
process and will not be reviewed by the Florida Department of Community Affairs or the reviewing
agencies. She stated that it will be final 31 days after adoption. She stated that no text changes to the
comprehensive plan are required.
Ms. Hollerand stated that upon annexation of this property, it is appropriate to assign a City future land
use of commercial and C-2 zoning.
Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change and approval
of the request for rezoning.
James Campbell, 1305 Avalon Dr., Rockledge, stated that the Fifth Third Bank is excited to join the city
and most of its customers reside in Clermont.
Suzie Gibson, 789 W. Highway 50, asked if once annexed into the city, will the city provide water to the
bank.
Ms. Hollerand stated that Lake Utilities will continue to provide water.
Mr. Hitt stated that it is only jurisdictional boundary changes and that is it.
Commissioner Gray moved to approve the request for the small scale comp plan amendment and the
rezoning, seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to
City Council.
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MINUTES
PLANNING AND ZONING COMMISSION
October 6, 2009
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4. REQUEST FOR REZONING
REQUEST: Rezoning from Urban Estate to PR Parks & Recreation- Ord. No. 627-M
PROJECT NAME: Inland Groves Property Park
OWNER /APPLICANT: City /Administrative
PARCEL SIZE: 219 acres +/-
LOCATION: 450 Twelfth Street (East and west sides of Twelfth Street/C.R. 561,
bordering Lake Minneola on east and Lake Hiawatha to southwest)
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Parks
City planner Barbara Hollerand stated that the subject property is the Inland Groves property park, a
vacant 219-acre property located at 450 Twelfth Street. She stated that the property borders Lake
Minneola on its east and Lake Hiawatha to its southwest. She stated that the owner/applicant is the City
of Clermont. She stated that the rezoning request is from Urban Estate to PR Parks & Recreation.
Ms. Hollerand stated that this request is being brought forward at this time to comply with a condition in
the City's approved management plan with the Florida Communities Trust. She stated that as part of the
contract agreement for the Florida Forever grants in 2007 and 2008, the City agreed to adopt a more
specific zoning district for parks and conservation lands and to rezone the property to this zoning
district. She stated that in September, the City Council approved the adoption of the new PR Parks &
Recreation zoning district.
Ms. Hollerand stated that the property was annexed May 9, 2006. She stated that it was purchased by
the City in two phases in July 2006 and April 2008 for use as a passive recreation park. She stated that
the property was assigned a future land use of Recreational, which recently was changed to Parks when
the City adopted its rewritten comprehensive plan in June 2009.
Ms. Hollerand stated that access from to the property will be from Twelfth Street, a collector. She stated
that planned amenities include nature trails, fishing piers, picnic and playground areas and sand
volleyball courts.
Ms. Hollerand stated that the PR Parks & Recreation District has been created for City park properties.
She stated that it is appropriate to rezone the Inland Groves property park to this zoning district. She
stated that staff recommends approval of the rezoning request.
Commissioner Dubuss moved to approve the request for the rezoning, seconded by Commissioner
Boyatt. The vote was unanimous to recommend for approval to City Council.
5. REQUEST FOR LDC AMENDMENT
APPLICANT: Administrative
City of Clermont
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PLANNING AND ZONING COMMISSION
October 6, 2009
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REQUESTED ACTION: Request to amend the Land Development Code to add Adult
Entertainment Establishments; definitions and permitted uses.
Planning Director Jim Hitt stated that in accordance with federal and state requirements, these uses must
be designated as a permitted use within at least one zoning district in county and municipal
governments.
Mr. Hitt stated that the ordinance provides for definitions within Chapter 82, Section 82-12, land use
definitions. He stated that the amendment also permits adult entertairunent only under Chapter 122, M-
l,Industrial District, Section 122-263; permitted uses.
City attorney Dan Mantzaris stated that the problem with the city's current code is it doesn't allow for
these types of uses and the law associated with it requires there be a permitted use within a municipality.
The city has the ability to regulate them and put restrictions on it.
Commissioner Dubuss moved to approve the request for the Land Development Code amendment,
seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City
Council.
There being no further business, the meeting was adjourned at 8:06.
A~ ~ .1
Rae Chidlow -Administrative Assistant