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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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 6, 2009 Page 2 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 Page 3 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 6, 2009 Page 4 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 City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 6, 2009 Page 5 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. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 6, 2009 Page 6 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 MINUTES PLANNING AND ZONING COMMISSION October 6, 2009 Page 7 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