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12-06-2005 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION • December 6, 2005 Page -1 - The meeting of the Planning & Zoning Commission was called to order Tuesday, December 6, 2005, at 7:00 p.m. by Chairman. David Pape. Members present were Sy Holzman, David Outlaw, Maggie Miller, Elwood Treadwell, Peter Geigel, Henry Rhee and Roger Pierce. Also in attendance were Jim Hitt, Planning Director, Curt Henschel, Principal Planner, Barbara Hollerand, Principal Planner Daniel Mantzaris, City Attorney and Jane McAllister, Planning and Zoning Secretary. MINUTES of the Planning and. Zoning Commission meeting held November 1, 2005 were approved as amended. REPORTS Panning Director Jim Hitt reported that the Joint Planning Area Land Use Map has been submitted to the City by Lake County and that there were some differences of opinion that will be discussed. He said he hopes to have a copy of the JPA map for the Commission by next month. Commissioner Miller reported that she attended the Growth Summit Meeting held December 1, 2005 at Minneola City Hall. Commissioner Miller said the primary issue was preservation of open space. Commissioner Roger Pierce complained that there are restrictions as to range of colors for buildings that are placed on CUP applicants that do not apply to those who are not required to have a CUP. He recommended that this condition be dropped from the CUP's or that they be applied to everyone. City Attorney Daniel Mantzaris pointed out that the Conditional Use Permit process imposes conditions on a piece of property and it would be inappropriate to drop a condition. He stated further that all CUP's come before the Commission, and if they have an objection to a particular condition that would be the time to express it. Planning Director Jim Hitt stated that an ordinance establishing architectural guidelines is being drafted, and that once enacted would apply to everyone. 1. REQUEST FOR CONDITIONAL USE PERMIT OWNER: Sam & Nancy Allison APPLICANT: Magic Moments Learning Center City of Clermont MINUTES PLANNING AND ZONING COMMISSION • December 6, 2005 Page - 2 - REQUESTED ACTION: To allow for a daycare facility in the Central Business District. EXISTING ZONING: CBD, Central Business District LOCATION: 885 W. Desoto Street EXISTING LAND USE: Magic Moments Learning Center (Approx. 4,300 s.f.) FUTURE LAND USE DISTRICT: Established Business District -1 (EBD-1) FUTURE LAND USE CLASSIFICATION: Central Business District. Planner Curt Henschel introduced this request by stating that the applicant is requesting a Conditional Use Permit to expand an existing day care facility. The applicant has been operating the Magic Moments Learning Center at 885 West Desoto Street for the past 6 years. Prior to the current owners obtaining the business, the prior owner operated a day care facility out of the same location. This type of business without a conditional use permit is considered an • existing non-conforming use, and until a modification or alteration to the business is requested the business may remain "as-is". Now that the applicant has requested an addition to the current business, the entire business is required to obtain a conditional use permit for a day care facility in the central business district. The addition will consist of an 18'x18' shade pavilion in the playground area for the kids. Previously there was a laurel oak tree that provided shade for the kids playground, but the tree had to be removed due to tree rot and the age of the tree. Staff recommends approval of the request. Chairman Pape asked if the applicant was present. Sam Allison, 885 W. Desoto St., Clermont, FL stated that he has run this day care facility for the past 11 years. He said that since the trees that once provided shade for the children's playground are gone, the state mandates that there be some shade for the children so he asked the Commission to approve his request. Chairman Pape asked if there was anyone in the public who wished to speak about this request. There was no one. Commissioner Holzman moved to a rove the re uest• seconded b Commissioner Outlaw The vote was unanimous for approval of the request. 2 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • December 6, 2005 Page - 3 - 2. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT APPLICANT/OWNER: Stephanie L. Butler REQUEST: Change to Future Land Use Map for 15,000 square-foot property (1/3 acre) from NED-6, Non-Established District -6 Residential to EBD-1, Established Business District-1 Commercial. EXISTING ZONING: R-3, Residential/Professional. SIZE OF PARCEL: 1/3 acre +/- LOCATION: 854 West Avenue. EXISTING LAND USE: Single-family residential. LAND USE DISTRICT: Non-Established District -6 (NED-6). LAND USE CLASSIFICATION: Residential/Professional • Planner Barbara Hollerand introduced this request by saying that this area of the City, just south of downtown and west of Center Lake, has been the subject of several recent applications for future land use amendments. Three blocks -- 96, 97 and 98 -comprise this area, sharing West Avenue on their east and 10tH Street to their west. The north/south streets are Montrose and Desoto (Block 96); Desoto and Juniata (Block 97); and Juniata and Broome (Block 98). In May, eight applicants with properties on blocks 97 and 98 applied for asmall- scale comprehensive plan amendment to change their properties from NED-6 Residential and NED-6 Public Facilities/Institutional to EBD-1 Central Business District (CBD) Commercial. This request was not supported by staff, primarily because it was not a unified block of landowners on blocks 97 and 98. In staff's opinion, the change would fracture land uses on these blocks between residential and commercial uses. The Council concurred, voting against the request and directing staff to meet with the neighborhood property owners to explore alternatives. Staff held a neighborhood meeting in June and discussed options for land use changes, which were then to be presented to the Council as administrative items. Several applicants in the small-scale comp plan amendment request has expressed their desire to use their homes for offices, which was not allowed in • the NED-6 Residential future land use. Because the City's home occupations regulation limits homeowners to a telephone-only office use, a change to the City of Clermont MINUTES PLANNING AND ZONING COMMISSION • December 6, 2005 Page - 4 - EBD-1/CBD future land use provided the only option available to convert their homes to home offices. However, the EBD-1 future land use designation does allow a much broader range of uses such as restaurants, retail and tourist accommodations. The property owner whose property is the subject of this administrative request proposes to use her home for a personal services and office use. She applied for this same change in February 2003, but was denied. Since that time, two applications for land use changes have been made for properties on blocks 97 and 98. A 2004 application to allow for office use on the corner of 10t" and Broome streets was granted; while the May 2005 multiple-applicant application failed. There continues to be considerable interest in converting homes in this area to professional offices. However, because many long-term residents have expressed their desire to maintain the residential character of their neighborhood and to protect its well-established tree canopy, the City does not believe a future land use change converting all of blocks 96, 97 and 98 to CBD or professional office is appropriate at this time. Staff considered adding all West Avenue properties on these three blocks to the CBD, but upon further analysis, deemed that such a change would be premature. Among the six properties along West Avenue that are not currently in the CBD, two are churches. Additionally, two West Avenue residential property owners were not part of the May request, and one of these owners voiced her opposition to changing to CBD. The subject property, though part of the May request, is unique in that it has CBD neighbors on two sides. This 1/3-acre property is orientated toward the CBD and away from the residences on Block 97. The proposed personal services would need to meet parking, landscaping and other code requirements. Staff recommends approval of this request. Chairman Pape asked if the applicant was present. Jerry Butler, 854 West Avenue, Clermont, FL showed a photos of the location and its surroundings. He said there is an enormous amount of traffic along West Avenue with the Clermont Garden Club across the street, First Friday traffic, and the recent Light Up Clermont ceremonies. He said the proposed personal service that Mrs. Butler would provide is a one on one service and would have no adverse effect on the traffic or the neighborhood. • Chairmen Pape asked if there was anyone in the public who wished to speak about this request. 4 City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 6, 2005 Page - 5 - Charlene Forth, 939 W. Desoto Street gave a history of the neighborhood and of her attempts to keep it a residential area. She handed out 2 letters which were originally from the City to property owners in her area, and to which she has added her personal comments along with 2 letters and a petition from other property owners in the area opposing this request. Stephanie Butler, 854 West Avenue, Clermont, FL told the Commission that the zoning and the Future Land Use for her property contradict each other. She said she has tried before to have the land use changed so that she can operate her personal service business from the same address at which she lives. Bruce Greer, South Lake Foundation, 1105 Bowman Street, Clermont, explained that the reason the foundation is not building on the lot across Juniata Street from the Butlers even though they got Central Business District designation is because South Lake Memorial Hospital made a generous offer that they could not refuse. Commissioner Miller said that the Butlers have done a wonderful job in revitalizing the property they own at 854 West Avenue. She said it is surrounded • by CBD and that Butlers have applied for a change that in her opinion should be approved. Commissioner Pierce said he echo's Commissioner Miller's sentiments and has no objection to the change in land use. Commissioner Pierce moved for approval of the reguest• seconded by Commissioner Geigel. The vote was unanimous in favor of the request 3. REQUEST FOR A REZONING APPLICANTS: City of Clermont and Ladd Development, Inc. OWNER: Ladd Development, Inc. REQUEST: To rezone 13.71 acres from Urban Estate to R-2 Residential. GENERAL LOCATION: North side of Johns Lake Road, east of Highway 27 and west of Hancock Road. EXISTING LAND USE: Vacant, but developing as single-family residential. • FUTURE LAND USE DESIGNATION: Lake County Urban Expansion. 5 City of Clermont MINUTES PLANNING AND ZONING COMMISSION • December 6, 2005 Page - 6 - Planner Barbara Hollerand reintroduced this request by saying that the property owner had prior approval in the County to develop as asingle-family 42 home subdivision, a density of 3.13 homes per acre. The property was zoned R-6 Urban Residential at the time of approval. The subdivision was platted in the County in May and ten homes are currently under construction. There are no model homes in the subdivision. The property owner entered into a water and wastewater service agreement with the City on May 27, 2003 with the condition that the City could annex the property when it became contiguous to the City limits. The 26-acre Ortiz property (now Bella Terra) to the south was annexed at this time. Densities would remain at 3.13 homes/acre in the City. Lot sizes and configurations are to be constructed in accordance with the preliminary plat approved by the County in April 2003, according to the terms of the water and wastewater service agreement. The property is bounded by Bella Terra single-family residential on the south and mostly 5-acre residential tracts on the north, west and east. Access will be from Johns Lake Road, an urban .collector, along the property's southern boundary. • A large-scale comprehensive plan amendment to include this property in the City's Undeveloped District -7 (UD-7) future land use district will be processed with the first-cycle amendments for 2006. Staff recommends approval of this request. Chairman Pape asked if the applicant was present. Planning Director Jim Hitt said that the City was one of the applicants as it was the City who wanted this property annexed and not the developer. He explained that according to the Water and Wastewater service agreement the City could annex this property when it became contiguous, and it is exercising that option. Commissioner Holzman stated that this item was specifically tabled at the last meeting because the Commission wanted answers from the developer about installing sidewalks along the southern boundary of this subdivision in order to provide a safe place for the children to walk to the school. Planning Director Jim Hitt explained that the County has asked for and received additional right-of-way from the developer along Johns Lake Road and that was where a sidewalk would need to be placed. At this time, the County would need to install the sidewalk, since Johns Lake Road is a County rod. • There were additional comments about the need for a sidewalk from other Commissioners. 6 City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 6, 2005 Page - 7 - • Commissioner Miller moved to approve the request with the stipulation that the City explore all available opportunities to provide a sidewalk along the south side of this proiect• second by Commissioner Holzman. The vote was unan-mous rn favor of the motion. Chairman Pape asked if there was anyone in the public who wished to address the Commission. David Holt, 1379 Legendary Blvd., Clermont, FL 34711 wanted to thank Barbara Hollerand for her work on the green space issues at the Legends. There being no further business the meeting was adjourned. ATTEST: ~~ ~ ~ ,~~ e C. McAI ' r -Admin. Asst. t. 7