Planning and Zoning Commission (2024-08-06)

CITY OF CLERMONT PLANNING AND ZONING COMMISSION MINUTES AUGUST 6,2024

CALL TO ORDER

Vice-Chair Niemiec called the meeting of the Planning and Zoning Commission to order on Tuesday, August 6, 2024 at 6:30 p.m.

MEMBERS PRESENT: Vice-Chair Niemiec, Member Bain, Member Colby, Member Grube and Member Norton

MEMBERS ABSENT: Chair Krzyminski and Member Guerrero

ALSO PRESENT: Development Services Director Henschel, Planning Manager Kruse, Senior Planner McGruder, City Attorney Mantzaris, and Planning Coordinator Heard

MOMENT OF SILENCE - In Honor of Fallen Master Deputy Sheriff Bradley Link

PLEDGE OF ALLEGIANCE

MINUTES

MOTION TO APPROVE the July 2. 2024 Minutes of the Planning and Zoning Commission meeting made by Commissioner Grube, seconded by Commissioner Bain. Motion passed 5-0 with Chair Krzyminski and Member Guerrero absent.

NEW BUSINESS

Item 1 - Resolution No. 2024-027R The Dream Academy Conditional Use Permit

Senior Planner McGruder presented as follows:

The applicant is requesting a Conditional Use Permit to allow for a private school in the C-2 General Commercial Zoning District as required by the Land Development Code, Section 125337. The private school will be located at 102 South US Highway 27, an existing vacant building previously used for a retail establishment. The Dream Academy currently operates at another location in Clermont and would like to relocate to expand and increase the student enrollment for the school. The private school maximum enrollment shall not exceed 80 special needs students per academic year. The Dream Academy is a therapeutic school servicing students from Kindergarten to 8th grade. The school currently has 15 employees and will be required to ensure parking is sufficient for any future growth. A Trip Generation Analysis was conducted by Traffic Planning and Design, Inc., which concludes that the previous use of retail generates a total PM Peak Hour Trips of 82 trips and the private school total PM Peak Hour generates 26 trips. Therefore, the applicant is requesting an exemption from the required Traffic Impact Analysis.

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calendar which is consistent with the Lake County Public Schools. The applicant will be required to obtain all local, state, and federal permits required for the private school.

Staff has reviewed the application and finds that the proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity and the proposed use will comply with the regulations and conditions specified. Therefore, staff recommends approval of the Conditional Use Permit to allow for a private school facility in the C-2 General Commercial zoning district with the conditions contained in Resolution No. 2024-027R.

Luzel Garcia, Applicant, The Dream Academy, 2400 S. Hwy 27, Suite 4111, stated their school serves children with moderate to severe autism and neurological disorders. They have been servicing the community since 2017, and they want to continue providing for children with disabilities.

The floor was opened for public comments.

Auston Pownall, 665 Villa Court, asked questions with regard to the age of the children, the location of pick up/drop off, and the vicinity of the outdoor recess area. He stated his primary concerns are the noise level and traffic on Bloxam Avenue.

With no further speakers present, the floor was closed.

Luzel Garcia answered the age range of the students are kindergarten through eighth grade, the parents normally drop off and pick up which creates no traffic, and the recess will be indoors.

Commissioner Colby had no questions, and stated this is a really good project needed in the community.

Commissioner Grube asked staff how many pa McGruder stated 40 to 45 spaces. Commission

king spaces there currently are. Senior Planner Grube indicated he sees no problems.

Commissioner Bain asked the applicant what their current enrollment numbers are for students and staff, and what the anticipated count will be if the enrollment number goes up to 80 students. Luzel Garcia said currently they have 52 students enrolled with 15 staff members. If they reach the maximum 80 students, they would anticipate a total of 20 staff members. Discussion ensued regarding the access points.

Vice-Chair Niemiec asked where their current location is, and how long they have been there. Luzel Garcia answered they are currently in Hillside Terrace and have been there since 2017.

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MOTION TO RECOMMEND APPROVAL of Resolution No. 2024-027R The Dream Academy Conditional Use Permit (CUP); Moved by Commissioner Colby. Seconded by Commissioner Grube.Motion passed 5-0 with Chair Krzyminski and Member Guerrero absent.

REPORTS FROM THE COMMISSION - Vice-Chair Niemiec stated he missed the reports at the beginning of the agenda and asked the commissioners whether they have any reports. No reports were stated.

Item 2 - Ordinance No. 2024-031 Old Highway 50 LSCPA for Transmittal

Planning Manager Kruse presented as follows:

The applicant, Daly Design Group, is requesting an amendment to the Future Land Use Map as part of the annexation process into the City of Clermont. This will go along with a rezoning request to the R-3 zoning designation. The property, 123 +/- acres, is located entirely within the Clermont Utility Service Area and is adjacent to the City limits. The project is located within the City's Joint Planning Area (JPA) and Interlocal Service Boundary Agreement (ISBA). The City can provide adequate public facilities and services, with water and wastewater service being available at the end of the fourth quarter of 2025.

The applicant previously proposed several different development layouts with increased intensities and densities, which did not meet the City's requirements or the requirements within the JPA with Lake County. These proposals did not receive approval within Lake County or the City. The applicant has revised the development plan and has submitted for annexation, a large scale comprehensive plan amendment and a rezoning for the property that is located south of the Florida Turnpike and is bisected by Old Highway 50, just north of Plaza Collina.

The applicant is requesting the City to designate the property with a future land use of Clermont Low Density Residential, which permits up to 3 dwelling units per acre (3 du/ac). The property currently is designated as Urban Low Density within Lake County, which permits up to 4 dwelling units per acre (4 du/ac). This amendment would be an overall reduction in density.

The property has historically been used for agricultural purposes. The applicant has provided a conceptual site layout showing the lots would conform to the R-3 Residential/Professional District. The lots will be a minimum of 75 feet wide and 100 feet deep, with a minimum square footage of 7,500 square feet per lot. Since the property consists of approximately 53 acres of wetlands and 70 acres of uplands, the total number of lots will be 130 single-family lots, with a density of 1.85 dwelling units per acre within the upland portion. The applicant is not requesting any variance requests as part of the proposed development.

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The development proposal for this parcel does not conflict with the Low Density Residential future land use within the City's Comprehensive Plan. The application is consistent with Objective 1.1, Policy 1.6.1, 1.12.3, and 1.16.2 of the City of Clermont Comprehensive Plan. The property is within the City's service area, and the City is able to provide services. Staff supports the applicant's request for a change from Lake County Urban Low Density to City of Clermont Low Density Residential and recommends approval of Ordinance 2024-031.

Tom Daly, Applicant, Daly Design Group, 913 N. Pennsylvania Ave., Winter Park, stated this is the initial step to process a land use change to be consistent with the City's designation, and said he is present to answer any questions.

The floor was opened for public comments.