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HomeMy WebLinkAbout12-02-2008 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday December 2, 2008 at 7:00 p.m. by Board member Cuqui Whitehead. Other members present were Bill Banzhaf, Bernadette Dubuss, Robert Boyatt, Judy Proli, and Nick Jones. Also in attendance were Curt Henschel, City Planner, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held November 4, 2008 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: Ocean Front Properties APPLICANT: Mathew and Carla Griffin PROJECT NAME: Big Bounce Fun Zone Day Care. REQUESTED ACTION: Request for a CUP to allow a daycare facility in the C-2 (General Commercial) Zoning District. LOCATION: 1203 West Highway 50 (Emerald Lakes Plaza) EXISTING LAND USE: Commercial Building FUTURE LAND USE DISTRICT: Non- Established District 1 (NED-1) FUTURE LAND USE CLASSIFICATION: Commercial EXISTING ZONING: C-2 (General Commercial) City planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a childcare center within the C-2 (General Commercial) zoning district. He stated that childcare centers are designated as a conditional use within the C-2 zoning district. Mr. Henschel stated that the applicant is currently operating a kids' entertainment operation located within the old IGA grocery store at 1203 West Highway 50. He said that the portion of the building the applicant occupies is approximately 10,000 square feet. He stated that the applicant is not expanding the building, but is only expanding the proposed use. Mr. Henschel stated that the children will range in age, and the state will determine the maximum capacity of the school (approximately 40 students.) He stated that the applicant believes the business will provide a needed service to working parents within the area. He stated that hours of operation will vary from 6:30 a.m. to 9:00 p.m., seven days a week. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 2 Mr. Henschel stated that 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 C-2 (General Commercial) zoned parcel. Mathew Griffin, 1203 W. Highway 50, stated that the business is run by him and his wife. He stated they did the demolition of the old IGA and built this facility from the ground up. Board member Judy Proli asked if they were the original owners of Big Bounce. She stated that she has seen the interior and has some concerns. She asked how many exits were in the building. Mr. Griffin stated that they have been the sole owners of Big Bounce and there are two exits in the building, one in the rear center of the building and the double doors at the front right corner of the facilities. Board member Judy Proli stated that the inflatable devices were so large that they make the exit signs almost invisible. She asked if they have had a fire inspection for this facility. Mr. Griffin stated that they have had fire inspections, and they are more than compliant with the current regulations for a facility with a child daycare. He stated that with the devices and the safety systems that they have in place, they have exceeded what is required by code for the facility. Board member Judy Proli asked if there was a separate nap area. Mr. Griffin stated that they have two separate rooms that are completely enclosed separate from the large play area. He said they will be transformed into classrooms. He said the naps will be taken in the classrooms. He said the curriculum will be laid out just like a professional daycare facility. He stated the designated classrooms will be separated from the activity area of the facility. Board member Judy Proli asked how many attendants there will be for each group of children. Mr. Griffin stated that will be based on the occupancy and what is mandated by the state. He said the state will come in to access the facility. He said the state will have specific guidelines as far as the number of children they can have in the facility, so they will staff according to the state regulations. Board member Judy Proli asked how the daycare children would be differentiated from the children who just come in for the entertainment. Mr. Griffin stated that the children who come in just for entertainment will have their parents present at all times. He stated there will be staff on the floor to monitor the children along with City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 3 the parents. He stated the daycare will be like any other daycare, there will be a director, teachers and staff dedicated to just the daycare portion of this facility, not shared staff members between the FEC, which is the family entertainment side, and the daycare side of the facility. Board member Nick Jones asked if they have already applied with the state and what is the status of the application. Mr. Griffin stated that the application for the state has already been instituted and is waiting for approval from City Council. Board member Nick Jones asked if there were any other facilities in the County that are a combination of a public play center and daycare. Mr. Griffin stated that he does not know of any in Lake County. He stated they got the idea from Camp Miff owned by Theresa Miff. He stated that they have been in contact with Ms. Miff several times and her partner Greg Kubala came down to look at their facility. He stated that she started with a FEC that grew into a daycare. He stated that as her business grew, she expanded the building. He stated that she has been in business for approximately 10 years and has assisted close to 25 facilities of this nature to get started. He stated the reason why they are doing this is for the physical education of young children before they get to elementary school. He stated that obesity is a rampant problem with kids now. He stated this will allow them a good education along with the physical environment to get the activity necessary to keep them healthy. He stated that they are getting the assistance necessary to make the transition correctly. He stated there are no facilities like this in the area, but there are some in the United States. Board member Robert Boyatt stated that he is responsible for doing all the life safety at this facility. He asked the city attorney if he could vote on this item, being that he was hired as a subcontractor by the applicant. City attorney Dan Mantzaris stated he could not vote on this item. Commissioner Jones moved to approve the request for the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was unanimous with five Board members to recommend for approval to City Council. Robert Boyatt did not vote due to a conflict with the project. 2. REQUEST FOR A SMALL SCALE COMP PLAN AMENDMENT PROJECT NAME: Max's House Counseling Center OWNER: Hulk Heavy Transport, Inc. (Loretta Lacek, President) City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 4 REQUESTED ACTION: Request to change the future land use from Non-Established District 6 (NED-6) Residential to Established Business District 1 (EBD-1) Central Business District. EXISTING ZONING: R-3 Residential/Professional LOCATION: 756 West Avenue City planner Barbara Hollerand stated that these last three items are related requests. She stated that she would be covering the small-scale comprehensive plan amendment and rezoning requests, and Curt Henschel would make a presentation on the Conditional Use Permit. Ms. Hollerand stated that the subject property, 756 West Desoto Street, is on the northwest corner of West Avenue and Desoto Street just south of the Mulberry Inn. Ms. Hollerand stated that the owner/applicant is Hulk Heavy Transport, Inc., Loretta Lacek, President. She stated that this property, though owned by the applicant's truck transport company, is proposed for use as a teen counseling center and not a trucking operation. Ms. Hollerand stated that the former home was built in 1920. She stated that the applicant and architect are preparing plans for improvements to the half-acre site and the 2,000-square-foot building. Ms. Hollerand stated that the initial request is for asmall-scale comprehensive plan amendment to change the future land use from Non-Established District 6 (NED-6) Residential to Established Business District 1 (EBD-1) Central Business District. She stated that the rezoning request from R-3 Residential/Professional to Central Business District is contingent upon the approval of the future land use change. She said that additionally, a counseling center use requires a conditional use permit regardless of whether it has R-3 or Central Business District zoning. Ms. Hollerand stated that currently, there is EBD-1 Central Business District future land use to the north of the subject property at the Mulberry Inn, and to its east at the Lake County Sheriffls Office substation. She stated that to the property's south is a church in the NED-6 Residential future land use district, and to its west is the Magic Moments daycare, also in NED-6 Residential. Ms. Hollerand stated that this West Avenue corridor has been in transition for several years. She said asmall-scale comprehensive plan amendment for property on the southwest corner of West Avenue and Juniata Street was approved in 2001. She stated that an adjacent property, 854 West Avenue, was granted asmall-scale comprehensive plan amendment approval in 2006. She stated that these two properties were granted the change from NED-6 Residential to EBD-1 Central Business District. She said that most recently, in August 2007, the Bees Auto property on the City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 5 northeast corner of Montrose Street and West Avenue was granted a text change in EBD-1 to allow automotive and truck repair service at that location. Ms. Hollerand stated that expansion of the EBD-1 district and Central Business District zoning to properties along West Avenue is appropriate, provided that site design adequately addresses the protection of residential neighborhoods. Ms. Hollerand stated that staff did receive a letter in opposition to the future land use change from the property owner at 830 West Avenue. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change and approval of the request for rezoning. Commissioner Dubuss moved to approve the request for the small scale comp plan amendment change, seconded by Commissioner Jones. The vote was 4-2 to recommend for approval to City Council, with Commissioners Boyatt and Banzhaf opposing. 3. REQUEST FOR REZONING PROJECT NAME: Max's House Counseling Center OWNER: Hulk Heavy Transport, Inc. (Loretta Lacek, President) REQUESTED ACTION: Request to rezone property from R-3 Residential/Professional to CBD Central Business District. EXISTING ZONING: R-3 Residential/Professional LOCATION: 756 West Avenue Commissioner Jones moved to approve the request for the Rezoning, seconded by Commissioner Dubuss. The vote was 3-3, with Proli, Banzhaf and Boyatt opposing. As a tie vote, the recommendation for approval thus failed. 4. REQUEST FOR A CONDITIONAL USE PERMIT OWNER/ APPLICANT: PROJECT NAME: REQUESTED ACTION: LOCATION: EXISTING LAND USE: Hulk Heavy Transport, Inc. Max's House Counseling Center Request for a CUP to allow an At Risk Youth Counseling Center in the R-3 (Residential/ Professional) Zoning District. (proposed Central Business District -CBD zoning) Northwest corner of Desoto St. and West Ave Single Family Residence City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 6 FUTURE LAND USE DISTRICT: Non-Established District 6 (NED-6) (Proposed EBD-1) FUTURE LAND USE CLASSIFICATION: Residential EXISTING ZONING: R-3 (Residential/ Professional) City planner Curt Henschel stated that the applicant is requesting a conditional use permit to allow a youth counseling center within the R-3 or the CBD zoning district. He stated that at-risk counseling centers would be considered a conditional use within the R-3 zoning district or the CBD zoning district. Mr. Henschel stated that the applicant is proposing to renovate an existing single family residence of approximately 2,000 square feet. He said the counseling services that will be offered are geared toward "at-risk youth". He stated that the counseling staff will provide group counseling workshops on high risk activities such as drug use, pregnancy, STD's, gang activity, and domestic violence. He stated that the applicant will also provide tutoring for GED certificates. Mr. Henschel stated that the hours of operation are expected to be from 9:00 a.m. to 9:00 p.m. seven days a week. Mr. Henschel stated that staff believes this area could support this type of use. He stated that staff does not have any objections for this type of use for a CUP to allow an "at-risk" counseling center in either the R-3 or CBD zoned parcel. Loretta Lacek, 160 Nautica Mile Dr., stated that her family has been involved with at-risk youth since her brother's overdose in 1995. She stated that they doing this mainly through their church affiliation. She stated that they have realized that a lot of these youths do not come to church so they need a facility away from the church to attract them. She stated that there is a need for this type of facility in our community. She stated that this will not be a hang out place for the children; they will be recommended to them either from the court or school system or recommended through a church. She stated that one of the youth pastors will be on staff there along with several professional councelors. She stated that it will be very structured and they want to network with the community and the county when a child has a need whether it is domestic violence, STD or eating disorder. She stated they will work to assure the children of their self worth and that they are not disposable. Michael Latham, with Gatorsktch Architects, stated he is here to answer any questions if necessary. Carolyn Maxwell, 180 Orange Avenue, stated that she has a 23 year old son who since the age of 12, was an at-risk child until he was 18. She stated she had to send her child out of state to get help which ended up being costly and dramatic. She stated it is beneficial to families to have a City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 7 facility that is local and that there are so many needs here that need to be addressed. She stated that her son now works for Lockheed Martin which is something she would have never thought would happen when he was 16 years old. She stated there is a need in families of all backgrounds. She stated the at-risk children need a place to go to be directed, need mentoring and someone to show them that they can live a life without drugs or whatever the issue may be. Charles Forth, 939 W. Desoto Street, stated that they live across the street from the location. He stated that in the past there was a wish by the City to continue the Central Business District down West Avenue. He stated that he and his wife had been opposed to this because this location housed a family that had gone through some adverse circumstances and they did not want them disturbed until they were able to move, which has occurred. Mr. Forth stated that he and his wife do support the continuation of the Central Business District as long as there is no alcohol or night clubs that might create a disturbance within the neighborhood. He stated they have talked with the applicant and they are probably the closest residence living close to this location. He stated he believes it will be an improvement to this area and there is a need for this type of facility. He stated that the only problem he has with the project is the lack of a sidewalk on the east side of that property. He stated the City should finish the sidewalk, not the applicant. Charlene Forth, 939 W. Desoto Street, stated that everyone she has spoken with in the neighborhood has no opposition to this project. She stated that Ms. Lacek has spoken with them and surrounding neighbors and asked what they thought of the project. She stated that she understands these are not kids coming out of prison; this is intervention before they get to that point. She stated the kids will be going there for GED training and counseling. William Ramos, 534 W. Osceola Street, stated that he is an ex-gang member who is now active in his church helping other teens avoid at-risk behavior. He stated that the Lacek's have mentored him for the past five years and now they are doing the same for his brother. He stated that he has also received help from her getting his GED. Board member Bill Banzhaf stated that he has a concern with the use of this property because his property is for sale. He stated that he owns the Old Bicycle Inn. He stated he was not sure if he could vote on the issue because of his concerns with his own property being next to Ms. Lacek's. City attorney Dan Mantzaris stated that as long as he had no financial interest in Ms. Lacek's property then he could vote on this agenda item. Board member Bernadette Dubuss stated that what they are doing is not easy. She stated that most of her concerns were addressed in the staff reports. Board member Robert Boyatt asked what age group they expect to help. Ms. Lacek stated probably from the age 12 to 18. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 8 Board member Robert Boyatt stated that his concern is it is near a daycare facility and he is not convinced that it is the right place for their facility. He stated that he heard her speak of several felonies and misdemeanors. He stated they could be convicted. Ms. Lacek stated they will not be working with convicted felons, but with at-risk juveniles. She stated that she is looking at prevention of convictions. She stated they will also be working with children with anorexia issues, and other counseling issues, not convicted felons. She stated these are appointment-structured counseling sessions; they will not be coming to just hang out. Board member Robert Boyatt stated that he agrees with the project but it is in the wrong place. Board member Nick Jones asked if it will be state licensed. Ms. Lacek stated the facility itself does not have to be stated licensed. The counselors working there will be licensed. She stated Max's House has applied for non-profit status, but they are also affiliated with the Seventh Day Adventist Church and South Lake Hospital in order to get any medical help that may be needed for her clients. Board member Nick Jones stated that on the issue of the staff's recommendations for conditions, particularly the sidewalk, the recommendations are typical. He asked if there were any other issues beside the sidewalk that she has problems with in the conditions. City attorney Dan Mantzaris stated that he did not hear the applicant say she had a problem with putting in the sidewalk. Board member Nick Jones asked Ms. Lacek if she had a problem with putting in the sidewalk. Ms. Lacek stated that she didn't have any problems with putting the sidewalk in, if she didn't have to spend the money she wouldn't want to, but she did not have a problem putting it in if it is a requirement. Board member Judy Proli stated that there is a daycare next door and across the street there is another daycare facility. She stated that because Ms.Lacek is working with at-risk youths, how the youths are going to get there. Ms. Lacek stated that because of the youth's ages, their parents would have to give consent so they will more than likely be there with them or drop them off. Board member Judy Proli asked if they are planning on having a licensed psychologist. Ms. Lacek stated there would be licensed counselors. City of Clermont MINUTES PLANNING AND ZONING COMMISSION December 2, 2008 Page 9 Board member Judy Proli expressed her concern about the temperaments of the youths and having the facility so close to daycares. She asked if Ms. Lacek spoke to the daycare facilities and how they feel about what they are doing. Ms. Lacek stated she has spoken to the owner and she feels it is a wonderful thing that they are doing. She stated that the police station and the sheriff's substation are right around the corner. Commissioner Jones moved to approve the request for the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was 3-3, with Proli, Banzhaf and Boyatt opposing. As a tie vote, the recommendation for approval thus failed. There being no further business, the meeting was adjourned at 8:09. vid ATTEST: ,\ , w Rae Chidlow - A ministrative Assistant FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME ~ NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING AD,D/R~ESS I 9 /" , r N W~~~ ~ a C r R ~ ~~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: N I CITy,~ I~CITY D COUNTY ^ OTHER LOCAL AGENCY i ~ ~ ~ ~ ~ l/.~ Q 2 y-~ O r C NAME OF POLI?ICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED ~7 L ~ ~ C ~ Z ~ ~ 0 MY POSITION IS: O ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office FAUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including ttie parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, (ather-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN' - You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes- (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your confiici in the measure before participating. • You must complete the form and fle it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST u 6 e ~ ~ __ ~____ ~ u ~~ fa ~ __, hereby disclose that on ____ ~ ? ~ _ 2~_~ ~ ° ~' __ _, 20 _ O_~ (a) A measure came or will come before my agency which (check one) ___ inured to my special private gain or loss; _~ inured to the special gain or loss of my business associate, ~ ~ ~S 13 o tJ ni C ~ ~ ~r K ~ -' 1= r .~. ; ___ inured to the special gain or loss of my relative, _ _ . inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed by which -------- -- -------------- Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1!2000 PAGE 2