04/06/2010 Regular Meeting City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 6, 2010
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday April 6,
2010 at 7:00 p.m. by Chairperson Cuqui Whitehead. Other members present were Robert
Boyatt, Bernadette Dubuss, Nick Jones, and Judy Proli. Also in attendance were Curt
Henschel, City Planner, Jack Morgeson, City Attorney, and Rae Chidlow, Administrative
Assistant.
MINUTES of the Planning and Zoning Commission meeting held March 2, 2010 were
approved as written.
REPORTS
There were no reports.
Item 1, Iglesia Promesa Church has withdrawn from the agenda.
1. REQUEST FOR CONDITIONAL USE PERMIT
OWNER/APPLICANT: Irma Myack
PROJECT NAME: Clermont Kidz Care
REQUESTED ACTION: Request for a CUP to allow a daycare facility in the CBD,
Central Business District.
LOCATION: 606 West Avenue
EXISTING LAND USE: Professional Office
FUTURE LAND USE: Downtown MU
ZONING: CBD, Central Business District
Curt Henschel stated that the applicant is requesting a conditional use permit to allow a
childcare center within the Central Business District. He stated that childcare centers are
designated as a conditional use within the CBD zoning district.
Mr. Henschel stated that the applicant is proposing to occupy a 2,300 square foot building
that could handle up to 45 children. He stated that the applicant is targeting pre- school-
aged children in the 1 -5 years age groups. He stated that the applicant believes the
business will provide a needed service to working parents within the area. Mr. Henschel
stated that the hours of operation are expected to be from 6:30 a.m. to 8:00 p.m., Monday
through Saturday.
Mr. Henschel stated that the staff believes this area is right for this type of development,
and recommends approval of the request for a CUP to allow a children's day care center
on this CBD, Central Business District zoned parcel.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
April 6, 2010
Page 2
Irma Myack, 1130 Lake Whitney Dr., Windermere, stated she has thirty years experience
with dealing with children. She stated she feels this service will be beneficial for the
community.
Mark Chodos, 550 West Ave., stated that he owns property at 550 and 524 West Avenue.
He stated that there are municipal codes that have restrictions for daycares and churches
within 500 feet of businesses that are serving alcohol. He stated that there are facilities
that serve alcohol in the downtown area near this daycare facility. He stated that his fear
of mixing these two types of businesses in the same area is that it could bring a huge
liability, not only to his property, but also to the City.
Board member Boyatt questioned item # 9 of the conditions for the conditional use
permit.
City Attorney Jack Morgeson stated that should a business selling alcoholic beverages for
consumption wish to locate within 500 feet of this location, the daycare would not contest
a variance application for the business selling alcohol.
Board member Proli asked if the applicant has gotten approval from Department of
Children and Families.
Ms. Myack stated she has had a courtesy visit from DCF, and she has exceeded the
requirements for the daycare facility.
Board member Proli stated she was concerned that the play area outside will not be big
enough to accommodate 45 children at play time.
Ms. Myack stated that DCF does not allow for all children to be out in the play area at
one time. She stated there will be no more than 10 to 15 children in the play area.
Commissioner Dubuss moved to recommend approval for request of the conditional use
permit; seconded by Commissioner Boyatt. The vote was 4 -1 to recommend for approval
to City Council with Board member Proli opposing.
There being no further business, the meeting was adjourned at 7:39 pm
"/K.
C hitehead, Chairman
Rae Chidlow — Administrative Assistant