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03-01-2011 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday March 1, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Robert Boyatt, William Henning, Jr., Bernadette Dubuss, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, Barbara Hollerand, Assistant to the City Manager, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held February 1, 2011 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Living Message Church OWNER: ERC Properties, Inc. APPLICANT: Brian Broadway / Living Message Church REQUESTED ACTION: Request for a CUP to allow a church facility in the C -2, General Commercial Zoning District. LOCATION: 343 North US Highway 27. EXISTING ZONING: C -2 (General Commercial) EXISTING LAND USE: Retail/ Office Building (4 Unit vacant building, approx. 5,000 s.f.) FUTURE LAND USE: Commercial City planner Curt Henschel stated that the applicant is requesting a conditional use permit to operate a house of worship in the C -2 zoning district. Mr. Henschel stated that the applicant proposes to occupy approximately 1,500 square feet of vacant building space located across Highway 27 from the Citrus Tower Village Publix. Mr. Henschel stated that the church intends to have 30 seats for Sunday service, and will hold a Wednesday evening bible study from 6:30 to 8:00 pm. Mr. Henschel stated that with the existing businesses operating at normal business hours, and the church operating at typical non - business hours, staff believes there will not be any parking issues on or off site. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church facility on this C -2 (General Commercial) zoned parcel. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 2 Holly Grant, 11620 Foxglove Dr., stated that Living Message will utilize the facility for their services, but most of their work is in the community. She stated that each week they teach three classes inside New Beginnings on computer training, skill assessments classes and help the residents write their resumes to help them find employment. She stated that they believe in having a positive impact in the community. She stated that allowing them to move into this location would put the church in the middle of the community. Commissioner Dubuss asked if the only time they will use the facility is on Sundays and Wednesday evenings. Ms. Grant stated that Sundays and Wednesday evenings will be the only time they will use the facility. Commissioner Henning asked if they expected any growth. Ms. Grant stated that there may be some growth over time. She stated that most of their time will be off site, working in the community. Commissioner Dubuss moved to recommend approval for request of the conditional use permit, seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Engage Church & Ministries, Inc. OWNER: John Carroll / Daniel Pool Sr. APPLICANT: Richard Cavender / Engage Church & Ministries REQUESTED ACTION: Request for a CUP to allow a church facility in the CBD, Central Business District. LOCATION: 821 West Minneola Avenue EXISTING ZONING: CBD (Central Business Distnct) EXISTING LAND USE: Retail/ Office Building (Approx. 5,700 s.f.) FUTURE LAND USE: Central Business District City planner Curt Henschel stated that the applicant is requesting a conditional use permit to operate a house of worship in the CBD zoning district. Mr. Henschel stated that the proposed location is the former library in downtown Clermont with about 5,700 square feet. He stated that the church intends to have approximately 80 members and will offer services on Sundays and Wednesdays. He stated that the church office hours will be from 9:00 a.m. to 5:00 p.m. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 3 Mr. Henschel stated that the church is intending for this to be a temporary location and will be looking to move to a larger building within two years. Mr. Henschel stated that the existing parking lot is more than adequate for the proposed size of the church. He stated that with the existing businesses operating at normal business hours, and the church operating at typical non - business hours, staff believes there will not be any parking issues on or off site. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church facility on this Central Business District (CBD) zoned parcel. Richard Cavender, 18249 Apshawa Rd., stated that when he applied for the CUP, they had 80, members but they have already grown to 115 members. He stated that they would like to have a permit to seat as many as they can as allowed by parking. He stated that they do have permission from Becker's Funeral Home for their overflow parking. He stated that he understands that does not allow them more spaces, but he just wants to make it known that it is an option for overflow parking. Commissioner Dubuss asked about condition #12 concerning distance requirements from the church for businesses selling alcohol. Mr. Henschel stated that when a church goes into an existing business area, condition #12 is typical. He stated that if the church is there first, then it is not included in the conditional use permit. Commissioner Proli asked how many people would be allowed due to the parking. Mr. Hitt stated that the parking calculation for an assembly or church is 1 space for every 4 seats. He stated that they counted 43 parking spaces that would allow 172 members. He stated that they would also have to verify the maximum occupancy with the fire department. Commissioner Whitehead stated that the Farmer's Market is downtown on Sundays, so that may cause parking issues. She asked if landscaping will be required. Mr. Henschel stated that in the downtown district, the buildings can go to the property line. He stated that they look at landscaping differently in the downtown area. Commissioner Proli asked if the two -year time limit would be put into the conditional use permit. Mr. Henschel stated that they will leave that condition up to the Commission. He stated they would rather see the building occupied rather than vacant. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 4 Commissioner Loyko asked what is south of the property. Mr. Henschel stated that there is additional parking that is not part of the church parking. Commissioner Dubuss moved to recommend approval for request of the conditional use permit with the caveat regarding the parking as explained by staff, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR REZONING REQUEST: Rezoning from R -2 Medium Density Residential District to C -2 General Commercial — Ord. No. 2011 -06 -M PROJECT NAME: Clermont Executive Center OWNER/APPLICANT: Robert D. & Susan L. Thompson PARCEL SIZE: 1.71 acres +/- LOCATION: 481 E. Highway 50 (South of S.R. 50, North of Almond St.; East of Anderson St., West of Disston Ave.) EXISTING LAND USE: Vacant office building (previously Colonial Bank) FUTURE LAND USE: Commercial Planning Director Jim Hitt stated that this site is covered under one Property Tax /Alternate Key number and will consolidate the north half (currently C -2) with the southern half (currently R -2) to being all C -2. He stated that the Future Land Use is Commercial for the entire property. Mr. Hitt stated that staff had reviewed this as being a house - keeping item, considering the parking lot for the use already expands onto the southern area. Mr. Hitt stated that the subject property is an office building which had previously been occupied by a bank. He stated that to the north is the existing office building and across S.R. 50 are commercial offices; to the east across Disston Ave. is vacant FDOT land; to the west and adjacent the site is a Sunoco gas station, and across Anderson St. is a two - family home and commercial offices; to the south across Almond St. are single - family homes. Mr. Hitt stated that the site is well served by the transportation network with access to three streets. Mr. Hitt said staff recommends approval of the rezoning request. Bob Thompson, 11905 Egret Bluff, stated that he was here to answer any questions. Commissioner Henning asked about parking. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 5 Mr. Thompson stated that there is enough parking to accommodate the 5,400 square feet for the building now. He stated that he is coming back for a conditional use permit request to add a couple of building and at that time he will re- address parking. Commissioner Henning moved to recommend approval for the rezoning request; seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. Planning Director Jim Hitt stated that RaceTrac has withdrawn their request for a conditional use permit at this time. 4. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Business Center and Internet Cafe with Sweepstakes Promotions OWNER: Clermont Center, LTD APPLICANT: Clermont FL Entertainment, LLC, Curtis Patel REQUESTED ACTION: Request to amend Conditional Use Permit (Res. No. 1491) to allow for the operation of an internet cafe with sweepstakes games in conjunction with a business center LOCATION: 1060 & 1062 E. Highway 50 (Clermont Regional Shopping Center) PARCEL SIZE: 25.96 acres EXISTING LAND USE: Commercial EXISTING ZONING: C -2, General Commercial - with a PUD FUTURE LAND USE: Commercial Planning Director Jim Hitt stated that the applicant, Clermont FL Entertainment, LLC, is requesting an amendment to the Conditional Use Permit (Res. 1491) to allow for the operation of an Internet cafe with sweepstakes games in conjunction with a business center. Mr. Hitt stated that this operation basically charges for internet time and the customer receives sweepstakes points to play promotional games "at no charge." He stated that the sweepstake prizes range from $1 to $5,000. Mr. Hitt stated that the business center will also offer fax, copy and printing services. He stated that the hours are expected to be 9:00 A.M. to 12:00 A.M. (midnight). He stated that they also expect to hire between 5 to 10 people. Mr. Hitt stated that the retail portion of this business is covered under permitted uses, but the internet cafe with 60 computer internet terminals is not listed as either a permitted use or a conditional use. He stated that in accordance with the LDC, in the case of uncertainty for the classification of any use (the internet cafe and sweepstakes portion/use), the applicant is required to attain a CUP from the City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 6 Mr. Hitt stated that the Clermont Regional Shopping Center was developed prior to the current parking code requirements, and at 192,215 sq. ft., it has 947 spaces. He stated that under the current code the plaza would now require 962 spaces (or 15 more) of straight retail. He stated that one other CUP amendment for the shopping center for Budget Rental Cars has already been appropnated 15 spaces at the north end of the building, where parking spaces were more readily available. He stated that two restaurants also operate in the plaza which also use more than the normally allotted spaces. Mr. Hitt stated that the location that the applicant is planning to use is 3,360 sq. ft. which, based on normal retail operations (one space per 200 sq. ft.) would be proportioned for 17 parking spaces. Mr. Hitt stated that the LDC does not address internet cafe parking uses directly. He stated that Section 98 -14 does allow staff to determine the number of spaces needed for unlisted uses or alternative parking. He stated that in this case due to the intensity of use with this proposal as experienced within other jurisdictions, staff recommends that a one - for -one parking calculation be used for each computer terminal. He stated that 60 parking spaces are required for this use, or 43 extra spaces. (17 + 43 = 60). Mr. Hitt stated that because the 60 computer terminals would require additional parking spaces, the applicant is also requesting a variance for the 43 parking spaces. Mr. Hitt stated that this proposed use is located in the front portion of the plaza between Pet Supermarket and Golds Gym. He stated that staff does not feel this use is appropnate at this location because of the excessive number of parking spaces needed over the normal amount (60 total versus just 17). He stated that staff feels this use would be a burden to the existing and potential businesses, given the parking limitations in the plaza. He stated that staff recommends denial of the requested conditional use permit. Amit Patel, 4409 Hoffner Ave., Orlando, stated that they have been working with the City since January on this request. He stated that the concern about the parking is that the front two rows of parking are always in use; however, the back portion of the parking lot is going unused. He stated the additional 43 parking spaces for the variance request are not because they do not exist, but for the appropriation of the spaces. Commissioner Loyko asked if they had other internet cafe businesses currently operating. Mr. Patel stated that he does have other businesses of this type operating in other areas. Commissioner Loyko asked that if this is not gambling, then why is it called sweepstakes. City of Clermont MINUTES PLANNING AND ZONING COMMISSION March 1, 2011 Page 7 Mr. Patel stated that sweepstakes is a predetermined notion, where gambling is a game of chance. Commissioner Proli stated she does not feel this is a good location due to the lack of parking. Commissioner Jones stated that the applicant is facing one of the largest parking areas in the city. However, he stated that if staff feels that this is not in the community's best interest, then he would support staff. Commissioner Dubuss stated that she would also go along with staff's recommendation. Commissioner Henning stated he uses that parking a lot, and he agrees that a large area of the parking is not used. Commissioner Boyatt stated that it needs to be denied just on the parking issue. Chairwoman Whitehead stated that she does not agree with these types of businesses. Commissioner Henning moved to recommend denial for request of the conditional use permit; seconded by Commissioner Boyatt. The vote was unanimous to recommend for denial to City Council. Jim Hitt stated that the zoning and land use maps have been updated on the city website. Commissioner Dubuss moved to recommend Cuqui Whitehead for Chairperson for 2011; seconded by Commissioner Proli. The vote was unanimous for Commissioner Whitehead to be Chairperson. Commissioner Proli moved to recommend Nick Jones for Vice -Chair for 2011, seconded by Commissioner Dubuss. The vote was unanimous for Commissioner Jones to be Vice - Chair. There being no further business, the meeting was adjourned at 7:43 pm. ./ / Cu : � Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant