09-11-2011 Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, September 6, 2011
City Hall - 685 W. Montrose Street, Clermont, FL
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
MINUTES
Approval of the Planning and Zoning Commission Meeting held August 2, 2011.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
Item 1 — Oak Hill Commons CUP
Item 2 — Consery II - Withdrawn
LS Comp Plan Amendment
Item 3 — Jayne Property —
SS Future Land Use Amendment
'�ou�Lvaa /
Lek_
NEW BUSINESS
Request for a conditional use permit to allow an
automotive repair garage; over four users for
multi -tenant commercial buildings; and
commercial building over 20,000 sq. ft. in the
C-2 General Commercial Zoning District located
at the northeast corner of US 27 and Hooks
Street.
Request to withdraw this large-scale
comprehensive plan amendment located south of
Hartwood Marsh Rd. and east of US 27 from
Lake County Urban Expansion and Rural to
Commerce.
Request for a small scale future land use
amendment from Lake County Urban to
conservation located North side of S.R. 50,
south of South Lake Forest subdivision, west of
Sandhill View Boulevard, east of Grand
Highway.
Discussion of Non -Agenda Items
ADJOURN
ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING COMMISSION
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON WITH A
DISABILITY AS DEFINED BY THE ADA NEEDS SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS
PROCEEDING, THEN NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE OR
SHE SHOULD CONTACT THE PLANNING & ZONING DEPARTMENT AT 352-3944083 Ext. 302.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 2, 2011
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday August 2, 2011
at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were Robert Boyatt, Nick Jones,
Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Dan
Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held July 5, 2011 were approved
as written.
REPORTS
Commissioner Nick Jones stated that he would like to remind everyone of the Season 7 of the
Florida Lake Symphony Orchestra coming up in October 2011.
1. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Montrose Wine Bar
OWNER: Mathew D. Rhoda
APPLICANT: Yellymary Montalvo
REQUESTED ACTION: Request a Conditional Use Permit to allow a Bar within the Central
Business Zoning District.
LOCATION: 712 West Montrose Street
EXISTING ZONING: CBD (Central Business District)
EXISTING LAND USE: Vacant Building
FUTURE LAND USE DISTRICT: Central Business District — (CBD)
FUTURE LAND USE CLASSIFICATION: Central Business District — (CBD)
City planner Curt Henschel stated that the applicant is requesting a conditional use permit to
operate a wine bar located at 712 West Montrose Street. He stated that according to the city
code, a bar is not specifically called out under the conditional uses within the Central Business
District, and therefore falls under section 122-244 (b) "in case of uncertainty of the classification
of any use, uses may be permitted which, after consideration by the planning and zoning
commission and approval by the city council".
Mr. Henschel stated that the vacant 1700 square foot building was formerly occupied by Town
Digger Advertising. He stated that the proposal is to open an upscale wine/beer bar that will
offer live entertainment, high end wine sales, and serve light snacks and coffee. He stated that
hours of operation are proposed to be from 1:00 p.m. to 11:30 p.m. He stated that the hours of
operation are not included within the Conditional Use Permit conditions, and are open for
council discretion.
Mr. Henschel stated that staff recommends approval of this Conditional Use Permit request to
operate a wine bar located at 712 West Montrose Street.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 2, 2011
Page 2
Ms. Montalvo, 1030 Willow Oak Loop, Minneola, presented the Commissioners with a copy of
the proposed menu and background of herself.
Commissioner Boyatt asked about parking issues.
Ms. Montalvo stated that they are close to the public parking. She stated that she thinks most of
her patrons will either be walk up patrons or patrons that are already in the downtown area.
Mr. Henschel stated that the City's code does not require to add additional parking.
Commissioner Jones asked if there will be a kitchen inside the facility.
Ms. Montalvo stated that they will be serving mostly cold cuts and prepared meals. She stated
that the foods will be delivered every day.
Chairwoman Whitehead asked about the outdoor seating that is stated in the summary she
presented.
Ms. Montalvo stated that she had put that statement in the summary prior to speaking to Mr.
Henschel about restrictions of no alcohol outside of the facility. She stated that she has decided
to not have any outdoor seating so that all consumption will be done inside.
Commissioner Jones moved to recommend approval of the conditional use permit; seconded by
Commissioner Proli. The vote was unanimous to recommend approval for the conditional use
permit to City Council.
2. REQUEST FOR REZONING
REQUEST: Rezoning from R-1 Single-family Medium Density Residential District to
C-1 Light Commercial — Ord. No. 2011-10-M
PROJECT NAME: RaceTrac — Citrus Tower Blvd.
OWNER: South Lake Connector, LLC
APPLICANT: RaceTrac Petroleum, Inc. — Phillip Morrissey
PARCEL SIZE: 5.52 acres +/-
LOCATION: Northeast corner of U.S. 27 and Citrus Tower Blvd.
FUTURE LAND USE: Commercial
EXISTING LAND USE: Vacant
City planner Curt Henschel stated that the applicant is requesting to rezone this site from R-1
residential to C-1 in order to permit the processing of a Conditional Use Permit (CUP) for a
convenience store and gas station. He stated that the Conditional Use Permit application is being
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 2, 2011
Page 3
processed concurrently with this rezoning request. He stated that the remainder of the site will
also be developed in accordance with the C-1 requirements and the Land Development Code.
Mr. Henschel stated that this site was originally approved in 2008 as one portion of a Conditional
Use Permit for Kings Crossing. He stated that this development would have allowed a mix of C-
1 and office uses. In the past, various uses were allowed as part of a Conditional Use Permit
approval. He stated that staff recommends that uses be directly associated with actual zoning
districts to avoid any future confusion with allowed uses and conditional uses within particular
zoning districts.
Mr. Henschel stated that the Future Land Use for this site and the portion to the south is
Commercial. He stated that the C-1 Light Commercial Zoning District is the lowest level zoning
of commercial to match this land use. Convenience stores and gas stations are required to have a
Conditional Use Permit in a C-1 Light Commercial Zoning District.
Mr. Henschel stated that the rezoning to C-1 would be consistent with this request and the area as
a whole.
Mr. Henschel stated that the site is well served by the transportation network with access to three
streets.
Mr. Henschel stated that staff recommends approval of the rezoning request.
Commissioner Jones moved to recommend approval of the rezoning from R-1 Residential to C-1
Light Commercial; seconded by Commissioner Boyatt. The vote was unanimous to recommend
approval for the rezoning to City Council.
3. REQUEST FOR CONDITIONAL USE PERMIT
REQUEST: Request a Conditional Use Permit to allow a gas station and convenience
store within a C-1 Light Commercial Zoning District.
PROJECT NAME: RaceTrac — Citrus Tower Blvd.
OWNER: South Lake Connector, LLC
APPLICANT: RaceTrac Petroleum, Inc. — Phillip Morrissey
LOCATION: Northeast corner of U.S. 27 and Citrus Tower Blvd.
PARCEL SIZE: 2.39 acres +/-
FUTURE LAND USE: Commercial
EXISTING LAND USE: Vacant
EXISTING ZONING: R-1, Single Family Medium Density Residential
(Applied for rezoning to C-1, Light Commercial)
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
AUGUST 2, 2011
Page 4
City planner Curt Henschel stated that the applicant is requesting a conditional use permit for a
gas station and convenience store located at the Northeast corner of U.S. 27 and Citrus Tower
Blvd. Mr. Henschel stated that access to the 2.39 acre development will only be from U.S. 27
and two locations off Citrus Tower Blvd. (right-in/right-out for all three). Mr. Henschel stated
that two of these are to be shared access with the remaining 3.13 acres of the overall 5.52 acre
area.
Mr. Henschel stated that this site was originally approved in 2008 as one portion of a Conditional
Use Permit for Kings Crossing. He stated that this development would have allowed a mix of C-
1 and office uses. He stated that in the past, various uses were allowed as part of a Conditional
Use Permit approval. He stated that staff recommends that uses be directly associated with
actual zoning districts to avoid any future confusion with allowed uses and conditional uses
within particular zoning districts. He stated that the Kings Crossing Conditional Use Permit is
now void because no development occurred within the two year time frame required.
Mr. Henschel stated that the Future Land Use for this site and the portion to the south is
Commercial, and the C-1 Light Commercial Zoning District is the lowest level zoning of
commercial to match this land use. He stated that convenience stores and gas stations are
required to have a Conditional Use Permit (CUP) in a C-1 Light Commercial Zoning District.
Mr. Henschel stated that the site is well served by the transportation network with access to three
streets.
Mr. Henschel stated that staff believes this development is consistent with the uses in the area
and recommends approval of this Conditional Use Permit request for a gas station and
convenience store.
Commissioner Proli moved to recommend approval of the conditional use permit, seconded by
Commissioner Jones. The vote was unanimous to recommend approval for the conditional use
permit to City Council.
There being no further business, the meeting was adjourned at 7:28 pm.
Cuqui Whitehead, Chairwoman
ATTEST:
Rae Chidlow — Administrative Assistant
f0k. CITY OF CLERMONT
PLANNING & ZONING COMMISSION
September 6, 2011
CITY COUNCIL
September 27, 2011
REQUEST: Request a Conditional Use Permit to allow an automobile repair
garage; over four users for multi -tenant commercial buildings; and,
commercial building over 20,000 sq. ft., within a C-2 General
Commercial Zoning District
PROJECT NAME: Oak Hill Commons — Lot #1 (Pep Boys)
OWNER/APPLICANT: Clermont Land Development, LLC (John McGill)
LOCATION: Northeast corner of U.S. Highway 27 and Hooks Street
(and west of Grand Highway)
PARCEL SIZE: 4.09 acres +/-
FUTURE LAND USE: Commercial
EXISTING LAND USE: Vacant
EXISTING ZONING: C-2, General Commercial District
SURROUNDING CONDITIONS:
ZONING EXISTING LAND USE FUTURE LAND USE DISTRICT
NORTH: C-2, General Commercial Vacant Commercial
SOUTH: C-2, General Commercial
EAST: M-1Industrial
WEST: C-2, General Commercial
Commercial -retail Commercial
Vacant Commercial
Commercial -Bank & Commercial
Hotel
ROAD CLASSIFICATION: U.S. 27 — Arterial; Hooks Street — major Collector; Grand Highway -Collector
UTILITY AREA: City of Clermont Water / Sewer
SITE UTILITIES: City of Clermont Water / Sewer
SITE VISIT: 8/12/11
SIGNS POSTED: By applicant.
ANALYSIS:
The applicant is requesting a conditional use permit (CUP) for an automobile repair
garage, multi tenant commercial buildings and over 20,000 sq. ft. The C-2 zoning allows
for a wide variety of uses but the proposed uses do require a CUP. The development is
proposed for Lot #1 of the Oak Hills Commons Development (aka McGill Development)
which is located north of Hooks Street between U.S. 27 and Grand Highway. The site is
well served by the transportation network and will have access from Hooks Street (right -in,
right -out only) and Grand Highway. In addition, the U.S. 27 exit "slip ramp" to east bound
S.R. 50 traffic will be built accessing Grand Highway. By early 2012, Hooks Street will also
be complete from U.S. 27 to Hancock Road (over 2 miles).
There are four variances from the LDC are requested in conjunction with this CUP:
To allow for the absence of a landscape buffer along internal property lines — Sec.
118-37 (d) (1).
To allow for a grading cut and fill up to 18 feet (on 3.43% of the site) rather than the
maximum 15 foot cut and fill — Sec. 94-195.
To allow for the absence of a loading area for all three buildings — Sec. 98-8
To split the landscape buffer along the right-of-way into two 10' sections, one above
separated by a slope and retaining wall and one below, rather than a contiguous 20'
wide buffer — Sec. 118-37.
To eliminate the rear or side setbacks from 25 feet or 12 feet — Sec. 122-226 (2)
and (3).
STAFF RECOMMENDATION: Staff believes this development is consistent with the uses
in the area and recommends approval of the Conditional Use Permit request for an
automobile repair garage; over four users for multi -tenant commercial buildings; and,
commercial building over 20,000 sq. ft., with the CUP conditions as provided.
CUP CONDITIONS:
Section 1 - General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any
heirs, assigns and successors in title or interest.
2. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any manner
within the boundary of the project without first submitting necessary plans, obtaining
necessary approvals, and obtaining necessary permits in accordance with the City of Clermont
Land Development Regulations and those of other appropriate jurisdictional entities.
3. No business can occupy any portion of a building unless the proposed business has applied for
and obtained a Local Business Tax Receipt from the Planning & Zoning Department.
4. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of its date of grant by the City Council or the permit shall become null
and void.
5. The Applicant shall record in the Public Records of Lake County within 90 days of its date of
approval by the City Council, a short -form version of this Conditional Use Permit as provided
by the City or a form acceptable to the City, to provide notice to all interested parties, the
assigns, successors and heirs of the developer/applicant and all future owners of the above -
referenced property that the real property described above is subject to the terms and
conditions of the Conditional Use Permit.
6. This permit shall become null and void if substantial construction work has not begun within
two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate
parties. Substantial construction work means the commencement and continuous construction
of required improvements ultimately finalized at completion.
7. The applicant shall be required to submit a formal site plan for review and approval by the
City staff. The project shall be designed in substantial accordance with the site plan (Exhibit
"A") presented at the preliminary site review meetings and public hearings with the exception
of modifications necessary to comply with final CUP conditions.
8. All parking must be provided for each individual building in accordance with the Land
Development Code.
9. The structure shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
10. The structure shall be inspected by the City Building Inspector and all building code violations
must be corrected prior to a Certificate of Occupancy being issued.
11. If any of the stated conditions are violated, the applicant understands and agrees that the City
Council may revoke this Conditional Use Permit by resolution.
Section 2 — Land Use
Permitted uses shall include an automobile repair garage and multi tenant commercial buildings for
permitted uses within the C-2 General Commercial Zoning District.
Section 3 — Landscaping:
Prior to the first Certificate of Occupancy (CO) for any phase, the developer shall:
1. Plant the entire perimeter buffer areas in accordance with the Land Development Code.
2. Stabilize and sod the remaining lots/phases as approved by the City Engineer.
3. All landscaping shall comply with the Land Development Code.
Section 4 - Transportation Improvements:
The developer shall provide the following transportation improvements:
Access to any adjoining street shall be approved by the applicable state and local agencies
and meet all codes as required.
2. All pedestrian sidewalks shall be completed on Grand Highway and Hooks street prior to the
first Certificate of Occupancy is issued. Lake County and the City of Clermont shall
determine if any deceleration turning lane would be required for access. Installation shall be
at the developer's expense.
Section 5 - Architectural Desien:
All structures shall be designed and constructed in accordance with the Architectural Standards of
the City of Clermont. In addition, the following shall be required:
All fencing within public view shall be ornamental metal or brick, as approved by the
City's Site Review Committee. Chain link fencing shall be prohibited.
2. Direct exposed view neon tubing and scrolling text message boards are prohibited.
Neon tubing shall not be utilized for building trim or accent areas.
3. All other signage shall comply with applicable codes.
\\Cityhall\shares\Planning and Zoning\Developments\CUP'S\McGill\Oak Hill Commons -Pep Boys CUP P&Z9-6,CC9-27-11.doc
Exhibit "A"
Clermont Land Development LLC, (PEP BOYS & Multi -tenant) — CUP
Northeast corner of U.S. Highway 27 and Hooks Street (and west of Grand Highway)
Preliminary Master Site Plan:
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CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
DATE: July 29, 2011
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PROJECT NAME (if applicable): Oak Hill Commons - Lot#1
APPLICANT: Clermont Land Development, LLC
CONTACT PERSON: John McGill
Address: c/o MPG Property Group, 4425 Military Trail, Suite 202
City: Jupiter State: Florida
Phone: (561) 629-5506 Fax:
E-Mail: Johnm@mcgillpg.com
OWNER: Same as Above
Address:
City: State:_
Phone: Fax:
Address of Subject Property:
FEE: $450.00
Zip: 33458
Zip:
General Location: -a, sloe, 4-10'r Z
Legal Description (include copy of survey): tar �/T Gkte, lb&
Land Use (City verification required): Commercial
Zoning (City verification required): C-2
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location"? Attach additional page is necessary.
We QroposQ to construct a multi-boildina multi -tenant commercial complex on the corner commercial
lot currently zoned C-2 with frontage on U.S. Hwy. 27, Hooks Street and Grand Hwy. The shared
parking lot configuration for the complex will provide superior accessibility and aesthetics than three
sUpdrate, Individuaf parcel. A Conditional U513 Permit is required beCausU lhe tutal square foutage of all
nntPnEA numhar of tenants mayy exr�hP maximum of 4 allnwahln tenants.
John McGill x
Applicant Name (print)
John McGill
Owner Name (print) ^t/rC�i�'�E�f'i
******NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
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i PROJECT CHARACTERISTICS
EXISTING ZONING...........................................
.............................
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PROPOSEDZONING.............................................................................CUP
EXISTINGLAND USE.................................................................COMMERCIAL
TOTAL PROPERTY AREA— ............. 4,01 Acres
PROPO D S RVI 5:
DRINKING WATER City al Clermont
I SEWAGE DISPOSALL............................................................................................ of Clermont
ELECTRIC— GAS.........................................................atur l Gas En trio
NATURAL CAS..................................Lake Apopka Natural Gas ry Lin
TELEPHONE.......................................................................Century' link
GARBAGEDISPOSAL..........................................Loeol servla. conlroal
FIRE PROTECTION .......................................................City of Clermont
POLICE PROTECTION...................................................Clry of Clermont
R33 MINIk'LM BUILDING SETBACK REOLIR u NTc•
FROM U.S. HWY. 27 RIGHT—OF—WAY...............................................50'
FROM CITY RIGHT—OF—WAYS............................................................25'
FROM REAR Y SIDE PROPERTY LINES..............................................12'
PARKING SPACES REQUIRED:
PHASE I:
1�}•I, I PEP BOYS AUTOMOTIVE SERVICE/RETAIL AREA—14,360st TOTAL
11,Sloxf RETAIL al (1) Space per 200st = 58 Spaces Req'd
PLUS
(4) Parking Spaces per Service Bay v(6) = 24 Spaces Req'd
PLUS
(1) Parking Space for each employee
('— see = 9 5paesa Req'
wit' 9 employd TOTAL =(91) Spaces Req'd
PHASE II:
COMMERCIAL RETAIL BUILDING = 3.400 of
(1) Porklnq Space per 200 of [6,500/200] _ (33) Spaces Raa tl.
PHASE ill:
COMMERCIAL RETAIL BUILDING = 7.200 st
(1) Parking Space per 200 of [7.200/2D0] = (36) Spaces Req'd.
TOTAL SPACES REOUIREOP [91 + 33 + 36] = (160) Spaces
PARKING <_PACES PROVIDED: PHASE I:
(76) 10' s 20' REGULAR SPACES
(111 10' v 22' PARALLEL SPACES
(A 12' 20 HANDICAPPED SPACE<
(91) PARKING SPACES PROVIDED
PHASE It:
(31) 10' v 20' REGULAR SPACES
1 SPACES
(33) PARKING SPAACESES PPROVVIDED
PHASE III:
(30) 10' v 20' REGULAR SPACES
(4) 10' + 22' PARALLEL SPACES
(21 12' a 20' He NQIC1PPED SPACES
(36) PARKING SPACES PROVIDED
TOTAL SPACES PROVIDED = 160
LEGAL DESCRIPTION
LOT j1 OF OAK HILL COMMONS, UNIT 1,
PUT BOOK 62, PAGES 87-69 OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
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Office of the City Manager
Memorandum
Date: August 11, 2011
From: Barbara Hollerand, City Manager's Offi
To: City Council '
Request to Withdraw Comp. Plan Amendment Transmittal —
Water Consery Hproperty and Commerce Future Land Use District
The previously advertised public hearing for the transmittal of the City's 11-1 comprehensive
plan amendment is requested to be withdrawn from the Sept. 27, 2011 City Council agenda.
This amendment was to include a text change to the Future Land Use Element to create the
Commerce future land use district as well as a map change to the Future Land Use Map to
change the designation of the Water Consery II property from Lake County Urban Expansion
and Rural to Commerce in the City.
It is anticipated that the Water Consery II partners will re -submit their request to the City at a
future date.
Should you have any questions, please call Barbara Hollerand, 241-7307.
P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219
PHONE: 352/394-4081 . FAX: 352/394-1452
CITY OF CLERMONT
Office of the City Manager
Memorandum
Date: Aug. 23, 2011
From: Barbara Holleran
To: City Council and P&Z Commission
Small -Scale Comprehensive Plan Amendment Adoption —
Jayne Property, Ordinance #2011-12-M
Enclosed is the supporting documentation for Ordinance #2011-12-M, adopting the Jayne
property small-scale comprehensive plan amendment. This amendment would change the Future
Land Use Map designation on the subject property from Lake County Urban to Conservation in
the City.
The 0.43-acre property is located on the north side of S.R. 50, south of South Lake Forest
subdivision, west of Sandhill View Boulevard, east of Grand Highway.
Upon Council approval, this amendment and Ordinance #2011-12-M will be sent to the Florida
Department of Community Affairs and the East Central Florida Regional Planning Council. As a
small-scale amendment, it will not be reviewed and will become final 31 days after adoption.
Public hearing dates are Sept. 6 for P&Z and Sept. 13 (1" reading) and Sept. 27 for City Council.
A related request for annexation will be heard Sept. 27.
Should you have any questions on this package, please call Barbara Hollerand, 241-7307.
P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219
PHONE: 352/394-4081 • FAX: 352/394-1452
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
Sept. 6, 2011
CITY COUNCIL
Sept. 13, 2011
Sept. 27, 2011
REQUEST: Small -Scale Comprehensive Plan Amendment changing future land use
from Lake County Urban to City Conservation— Ord. No. 2011-12-M
PROJECT NAME: Jayne Property
OWNER / APPLICANT: Victoria Jayne James Trust, William Henry Jayne Trust
PARCEL SIZE: 0.43 acres +/-
LOCATION: North of S.R. 50, southwest of South Lake Forest subdivision
EXISTING LAND USE: Vacant/wetlands
EXISTING FUTURE LAND USE: Lake County Urban
EXISTING ZONING: Lake County Agriculture (becomes Urban Estate upon annexation)
SURROUNDING CONDITIONS:
EXISTING USE ZONING
NORTH: Wetlands N/A (water body)
FUTURE LAND USE
N/A (water body)
SOUTH:
Vacant
Urban Estate
City Commercial
EAST:
Vacant
Urban Estate
City Commercial
WEST:
Wetlands
N/A (water body)
N/A (water body)
ROAD CLASSIFICATION: S.R. 50—Principal arterial
UTILITY AREA: City of Clermont —Sewer & Water
SITE UTILITIES: City of Clermont —Sewer & Water
SITE VISIT: 8-11
SIGNS POSTED: By applicant
ANALYSIS: This request is accompanied by a related request for annexation. The joint
owners are the Victoria Jayne James Trust and the William Henry Jayne Trust.
The vacant 0.43-acre property is north of S.R. 50, west of Sandhill View Boulevard and
east of Grand Highway.
The subject property is contiguous to the City on its southern and eastern sides. It is
surrounded by wetlands on its northern and western sides.
In 2009 and 2010, the owners requested annexation and small-scale comprehensive plan
amendments for City Commercial future land use for their adjacent 9.9-acre and 9.63-
acre properties. Those requests were approved by the City Council, and it was made
known that at a future time, the owners would be requesting annexation and a City future
land use for the remaining 0.43-acre wetlands tract.
This parcel is not developable and no rezoning application is needed. The adjoining
parcels will be developed as a unified parcel at a later date. The subject property is
contemplated as a future conservation area or open space.
This property qualifies for the small-scale comprehensive plan amendment process and
will not be reviewed by the Florida Department of Community Affairs or the reviewing
agencies. It will be final 31 days after adoption. No text changes to the comprehensive
plan are required.
Upon annexation of this property, it is appropriate to assign a City future land use of
Conservation.
STAFF RECOMMENDATION:
Staff recommends approval of the Future Land Use Map change.
4
\\Cityhall\shares\Planning and Zoning\Comp Plan Amendments\1053 Jayne SSA\Jayne Property 2011-12-M P&Z 09-6 CC09-13&27-11.doc
Future Land Use —Jayne SSA
• Present Future Land Use:
Lake County Urban
• Proposed Future Land Use:
Conservation
CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE
Maximum
Density/ Intensity
Future Land Use Categories
Conservation Not Developable
Parks
N/A
Public Facilities/Institutional
0.25 FAR
Residential
Low -Density
3 units per acre
Medium -Density
8 units per acre
High -Density
12 units per acre
Office
1.0 FAR
Mixed -Use
Residential/Office
12 units per acre/0.25 FAR
Master Planned Development
12 units per acre/0.25 FAR
Downtown Mixed -Use
12 units per acre/3.0 FAR
Commercial
12 units per acre/0.25 FAR
Industrial
1.0 FAR
Objective 1.3: Conservation Land Use Category. The conservation category is established
for the long-term protection and preservation of publicly or privately owned lands that contain
valuable and threatened natural resources, such as wetlands, floodplains and unique ecological
communities.
Policy 1.3.1: Only passive open space and passive recreational activities shall be allowed in
the conservation category, limited to resource -enhancing facilities such as multi -purpose trails,
bike paths and natural land restoration projects. Interactive areas/facilities may be allowed as
long as they are provided and managed consistent with goals, objectives and policies of this
element as well as the goals, objectives, policies, standards and criteria set forth in the
Conservation Element.
Policy 1.3.2: Lands designated as conservation on the FLUM may be counted toward
meeting the adopted level of service standards for recreation and open space for the City.
Policy 1.3.3: If it is impractical to designate the area containing conservation resources as
conservation land use due to size, location or other factors, the City shall have the option of
obtaining a conservation easement from the property owners to protect the area. Areas covered
by a conservation easement shall be treated the same as areas designated as conservation land
use on the FLUM.
Policy 1.3.4: No development is permitted within the conservation category, except where
state and/or federal agencies having jurisdiction already allow development rights. The
applicant shall bear the burden of proof in determining that development shall not adversely
impact conservation resources. Site alteration, where allowed, shall be limited to 10 percent of
the entire site.
Ordinance #621 M Adopted June 23, 2009
I-2
LOCITCITY OF CLERMONT
COMPREHENSIVE PLAN AMENDMENT
Application
DATE: Aug 31, 2011 FEE: $500.00
Project Name (if applicable): Jayne Property Jack's Lake Parcel
Applicant: The Victoria Jayne James Trust & The William Henry Jayne Trust
Contact Person: Cas Suvongse, SK Consortium, Inc.
Address: 1053 N. Orlando Avenue, Suite 3
City: Maitland State: Florida Zip: 32751
Phone: 407-629-4288 Fax: 407-629-1656
E-Mail: mailroom@skconsort.com
OWNER: The Victoria Jayne James Trust & The William Henry Jayne Trust
Address: 1212 Via Del Mar
City: Winter Park State: Florida Zip: 32789
Phone: 407-629-0564 Fax:
E-Mail: vjames1212@gmail.com
General Location: North Side of SR 50, east of Highway 27
Legal Description (include copy of survey): See attached Sketch and Description
Property size (in acres or square feet): 0.43 acres
Flood hazard area (yes) X and approx. acreage 0.43 (no)
Existing (Actual) Land Use: vacant
Existing Zoning: A-1, Lake County)
Existing Future Land Use: Regional Commercial, Lake County
Proposed Future Land Use: Conservation, City of Clermont
Type of development proposed: None at this time. Future conservation area or open space
Proposed density (dwelling units/acre) or intensity: N/A
Proposed Zoning District: UE
Page 1
Comprehensive Plan Amendment, Application
Summary of the proposed amendment content and effect that describes any changed
conditions that would justify the proposed amendment, and why there is a need for the
proposed amendment (use additional sheets if necessary).
The subject property is being annexed into City of Clermont on a separate application. This amendment is
simply to change future land use designation from Lake County "Regional Commercial" to City of Clermont
"Conservation" Future Land Use designation. The property will remain vacant and undeveloped. UE zoning
district is automatically assigned when a parcel of land is annexed into the City. This 0.43 acres will be used as
conservation/open space.
The City of Clermont may require additional information to justify, clarify or explain the necessity
of the requested Comprehensive Plan Amendment which may include the following:
Information regarding the compatibility of the proposed land use
amendment(s) with the Goals, Objectives and Policies of the Future Land Use
Element and any other affected comprehensive plan elements.
A description of how the proposed amendment(s) will result in an orderly and
logical development pattern with existing and proposed land use(s) of the
area.
A description of the present availability of, and estimated demand on the
following public facilities: potable water, sanitary sewer, transportation system
and recreation, as appropriate.
* * * * * * NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
Page 2
Comprehensive Plan Amendment, Application
APPLICANT'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE SS:
Before me, the undersigned authority personally appeared
fiwlrc�-" , who being
by me first duly sworn on oath, deposes and says:
2
That he (she) affirms and certifies that he (she) understands and will comply with
all ordinances, regulations and policies of Lake County, Florida, and that all
statements and diagrams submitted herewith are true and accurate to the best of
his (her) knowledge and belief, and further, that this application and attachments
shall become part of the official records of the City of Clermont, Florida, and are
not returnable.
That he (she) desires a Future Land Use Amendment from
Lake County Regional Commercial to City of Clermont Conservation
the property legally described on the attachment of this application.
3. That the submittal requirements for the application have been completed and
attached hereto as part of the application.
SWORN to and SUBSCRIBED before m
or personally known by me this /
Affiant - Applicant Nam (4tiate)
Notary Public, State of Florida at Large
My Commission Expires:
Page 3
Comprehensive Plan Amendment, Application
for
�.........
;ta �(, FLORENCE M. FALCONE
rt Notary Public Sate of flake
• My Comm. Eepfree Jen 25• "I
s ; Commitsbn I EE 9t1793
1• ° •,` llon-1 i Tkwo N"sl Notary Am.
APPLICANT'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE SS:
Before me, the undersigned authority personally appeared
ZLI-CA I & �J1-Y � 'rP&;A , who being
by me first duly sworn on oath, deposes and says:
That he (she) affirms and certifies that he (she) understands and will comply with
all ordinances, regulations and policies of Lake County, Florida, and that all
statements and diagrams submitted herewith are true and accurate to the best of
his (her) knowledge and belief, and further, that this application and attachments
shall become part of the official records of the City of Clermont, Florida, and are
not returnable.
2. That he (she) desires a Future Land Use Amendment from
Lake County Regional Commercial to City of Clermont Conservation
the property legally described on the attachment of this application.
3. That the submittal requirements for the application have been completed and
attached hereto as part of the application.
I
X
44r
Affiant - Appli N me (s4rwLttu"e)
SWORN to and SUBSCRIBED before me by \kj
or personally known by me this ' }v day of 20 i t
for
NOWY POk - NO of tea, Notary Hublic, State of Florida at Large
Mr Cahn. E* M dun 23, 2015
CamnitSlon # EE 105893
My Commission Expires: Z G
Page 3
Comprehensive Plan Amendment, Application
OWNER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE SS:
Before me, the undersigned authority personally appeared
Vi C-To�A-#-, J f,,q K. a— �, J -S , who being
by me first duly sworn on oath, deposes and says:
1. That he (she) is the fee -simple owner of the property legally described on the
attachment of this application.
2. That he (she) desires a Future Land Use Amendment from
Lake County Regional Commercial to City of Clermont Conservation for
the property legally described on the attachment of this application.
3. That the owner of said property has appointed Casidys Suvongse to act
as agent on his (her) behalf to accomplish the above. The owner is required to
complete the APPLICANT'S AFFIDAVIT of this application if no agent is
appointed to act in his (her) stead.
X U ITEM
Affiant - Owner's Nam ( e,)
I L�
SWORN to and SUBSCRIBED before me by /C-=7Z /"Z( '� Y1V -
or personally known by met is_ day of (✓,C 20.
FL ko_uc oTT Cr
(: 1(/ ,
Notary Public, State of Florida at Large
My Commission Expires:
`t�r/14ir
4 yip•., a FLORENCE M. FALCONE
ti Notary Public • $to of PArido
• •= My Comm. Expires Jun 25. 20151
= Commission I EE $4793
Iomw na* tfstisa: Aria.
Page 4
Comprehensive Plan Amendment, Application
OWNER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE SS:
Before me, the undersigned authority personally appeared
�1 LLrr� /f 2i; �L)z�l 7te4 , who being
by me first duly sworn on oath, deposes and says:
1. That he (she) is the fee -simple owner of the property legally described on the
attachment of this application.
2. That he (she) desires a Future Land Use Amendment from
Lake County Regional Commercial to City of Clermont Conservation for
the property legally described on the attachment of this application.
3. That the owner of said property has appointed Casidys suvongse to act
as agent on his (her) behalf to accomplish the above. The owner is required to
complete the APPLICANT'S AFFIDAVIT of this application if no agent is
appointed to act in his (her) stead.
Affiant — Own r' ame (signature)
1 t
SWORN to and SUBSCRIBED before me by
or personally known by me this day of 20 L i .
X ? �,
Notary Public, State of Florida at Large
My Commission Expires: C - 2 3 " � S
QP'_
NdWy Pokk - swe of igoft
My Conan. Expita Jun 23, tots
Coaimisslon # EE 105M
Page 4
Comprehensive Plan Amendment, Application
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LOCATION MAP
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0.43 AC.
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JAYNE PROPERTY
CLERMONT, FLORIDA
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BOB WKEE
LAKE COUNTY TAX COLLECTOR
REAL ESTATE 2010
NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS
0922261300-11A-00000
2665769
0003
JAMES VICTORIA JAYNE TRUSTEE LAKE HIGHLANDS 29-22-26, FROM NE
ET AL CDR OF LOT 8 WALTON SUB PB8 PG
1212 VIA DEL MAR 5 RUN S'LY ALONG E'LY LINE OF SA
WINTER PARK, FL 32789 ID LOT 8 TO N R/W LINEOF SR 50,
W'LY ALONG SAID N'LY R/W LINE 10
05 FT FOR POB,CONT W'LY ALONG SA
See Tax Roll for extra legal.
PAY IN U.S. FUNDS TO BOB MWEE, LAKE COUNTY TAX COLLECTOR • PO BOX 327 • TAVARES, FL. 32778 • (352) 343-9622
an VAI ARFMTAXFS
LAKE COUNTY GENERAL
AMBULANCE MSTU
STORMWATER ROADS PARKS
ENVIRON LAND PURCHASE
FIRE MSTU
LAKE CO SCHOOL BOARD
CURRENT
CAPITAL OUTLAY
ST JOHNS WATER MGMT
LAKE CO WATER AUTH
S LAKE CNTY HOSP
365,032
365,032
365,032
365,032
365,032
365,032
365,032
365,032
365,032
365,032
365,032
4.7309
1,726.93
365,032
.3853
140.65
365,032
.4984
181.93
365,032
.11Ql
40.19
365,032
.3222
117.61
365,032
365,032
365,032
365,032
365,032
6.0230
1.5000
.4158
.2405
.8666
2,198.59
547.55
151.78
87.79
316.34
TOTAL 15.0928 $5,509.36
A,—, A 11A1 A R. ACCCCCwwc NITC
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COMBINED TAXES AND ASSESSMENTS $5 , 509.36 See reverse side for
important information.
If Paid By Nov 30, 2010 Dec 31, 2010 Jan 31, 2011 Feb 28, 2011 Mar 31, 2011 IF PAID BY
Please Pav 1 5,288.99 5,344.08 1 5,399.17 5,454.27 1 5,509.36
Description :
A portion of Section 29, Township 22 South, Range 26 East, Lake County, Florida being a portion
of lands lying within the lake as described in Official Records Book 647, Page 288, Public
Records of Lake County, Florida; being more particularly described as follows :
Commence at the Northeast corner of Lot 48, Walton Subdivision as recorded in Plat Book 8,
Page 5, Public Records of Lake County, Florida; thence S 00014'06" W a distance of 280.05 feet
along the East line of said Lot 48 and along the East line of Lots 42-47 of said Walton Subdivision
to the North line of Lot 7 of said Walton Subdivision; thence N 88038'41" W a distance of 39.91
feet along the North line of said Lot 7 to a point on the East line of Lot 8 of said Walton
Subdivision; thence S 00°14'06" W a distance of 65.88 feet along the East line of said Lot 8 to a
point on the North right of way line of State Road No. 50 as described in Official Records Book
299, Pages 443-444, Public Records of Lake County, Florida; thence N 88034'41" W a distance of
356.55 feet along said North right of way line to a point on the North - South Mid Section line of
said Section 29; thence S 00013'18" W a distance of 0.20 feet along said North - South Mid
Section line to a point on the North right of way line of State Road No. 50 per Florida Department
of Transportation right of way map, Section 11070-2505, dated August 1972; thence
N 88034'41" W a distance of 1320.36 feet along said North right of way line to a point on the West
line of Tract 11 B, Lake Highlands Company as recorded in Plat Book 2, Page 25, Public Records
of Lake County, Florida; thence N 00021'35" E a distance of 424 feet more or less along the West
line of said Tract 11 B and along a Northerly projection thereof to a point on a line at or above the
approximate landward extent of Jack's Lake based on photo interpretation of the Lake County
rectified aerial photograph dated February 2008, said point being S 00021'35" W a distance of
159 feet more or less from the point of intersection of the Northerly projection of the West line of
said Tract 11B and the North line of the South 1/2 of the North 1/2 of the NW 1/4 of said Section
29, said point also being the Point of Beginning; thence continue N 00°21'35" E a distance of 159
feet more or less along said Northerly projection to a point on said North line of the South 1/2 of
the North 1/2 of the NW 1/4 of said Section 29; thence S 88038'00" E a distance of 115 feet more
or less along the North line of said South 1/2 of the North 1/2 of the NW 1/4 to a point on a line at
or above the approximate landward extent of Jack's Lake based on photo interpretation of the
Lake County rectified aerial photograph dated February 2008; thence along said line at or above
the approximate landward extent of Jack's Lake the following three (3) courses and distances
S 16049'44" E a distance of 89.71 feet; thence S 41°44'07" W a distance of 89.22 feet; thence
S 86°28'58" W a distance of 82.90 feet to the Point of Beginning.
Containing 18,867 square feet or 0.43 acres more or less.
SCHEDULE "A"
LAKE PARCEL
Description :
A portion of Section 29, Township 22 South, Range 26 East, Lake County, Florida being a portion of
lands lying within the lake as described in Official Records Book 647, Page 288, Public Records of Lake
County, Florida; being more particularly described as follows :
Commence at the Northeast corner of Lot 48, Walton Subdivision as recorded in Plat Book 8, Page 5,
Public Records of Lake County, Florida; thence S 00'14'06" W a distance of 280.05 feet along the East
line of said Lot 48 and along the East line of Lots 42-47 of said Walton Subdivision to the North line
of Lot 7 of said Walton Subdivision; thence N 88'38'41" W a distance of 39.91 feet along the North
line of said Lot 7 to a point on the East line of Lot 8 of said Walton Subdivision; thence
S 00' 14'06" W a distance of 65.88 feet along the East line of said Lot 8 to a point on the North right
of way line of State Road No. 50 as described in Official Records Book 299, Pages 443-444, Public
Records of Lake County, Florida; thence N 88'34'41" W a distance of 356.55 feet along said North right
of way line to a point on the North — South Mid Section line of said Section 29; thence S 00'13'18" W
a distance of 0.20 feet along said North — South Mid Section line to a point on the North right of way
line of State Road No. 50 per Florida Department of Transportation right of way map, Section
71070-2505, dated August 1972; thence N 88'34'41" W a distance of 1320.36 feet along said North
right of way line to a point on the West line of Tract 1 1 B, Lake Highlands Company as recorded in Plat
Book 2, Page 25, Public Records of Lake County, Florida; thence N 00'21'35" E a distance of 424 feet
more or less along the West line of said Tract 1 1 B and along a Northerly projection thereof to a point
on a line at or above the approximate landward extent of Jack's Lake based on photo interpretation of
the Lake County rectified aerial photograph dated February 2008, said point being S 00'21'35" W a
distance of 159 feet more or less from the point of intersection of the Northerly projection of the West
line of said Tract 118 and the North line of the South 1/2 of the North 1/2 of the NW 1/4 of said
section 29, said point also being the Point of Beginning; thence continue N 00'21'35" E a distance of
59 feet more or less along said Northerly projection to a point on said North line of the South 1/2
f the North 1/2 of the NW 1/4 of said Section 29; thence S 88'38'00" E a distance of 115 feet
more or less along the North line of said South 1/2 of the North 1/2 of the NW 1/4 to a point on
a line at or above the approximate landward extent of Jack's Lake based on photo interpretation of
the Lake County rectified aerial photograph dated February 2008; thence along said line at or above
the approximate landward extent of Jack's Lake the following three (3) courses and distances :
S 16'49'44" E a distance of 89.71 feet; thence S 41'44'07" W a distance of 89.22 feet; thence
S 86'28'58" W a distance of 82.90 feet to the Point of Beginning.
Containing 18,867 square feet or 0.43 acres more or less.
SURVEYORS REPORT
Bearings shown hereon are based on the North line of Tract 11A, Lake Highlands Company, Plat Book 2, Page 25,
Public Records of Lake County, Florida, being S 88'38'00" E assumed.
This "Sketch of Description" was performed without benefit of a Title search. A Title search may reveal additional
information affecting the Parcel as shown.
I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my
knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land
Surveying CH. 5J-17.050—.052 requirements.
NOT VALID WITHOUT SHEET 2
DESCRIPTION
Date: 07/07/2011 KR CERT. N0. L82108 55278003
FOR Job No.: Scale:
55278 1"=100' —
SK CONSORTIUM, INC.
SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 5J-17.050—.052, Florida 6500 All American Boulevard
Administrative Code requires that a Orlando, Florida 32810-4350
legal description drawing bear the (40 292-8580 fax(407)292-0141
notation that email: info®sout ste urveyin com
THIS IS NOT A SURVEY. ��1'/
SHEET 1 OF 2 ARY B. KRICK
SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245
SKETCH OF DESCRIPTION
LAKE PARCEL
NORTH -SOUTH MID y
DETAIL "A"
SECTION LINE OF a
NOT TO SCALE
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LEGEND :
OR = OFFICIAL RECORDS BOOK
POINT OF INTERSECTION OF THE NORTHERLY PROJECTION OF THE
WEST LINE OF TRACT 118 AND THE NORTH LINE OF THE SOUTH 1/2
OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 29-22-26
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TRACT 11A
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cn SECTION 29-22-26, LAKE COUNTY, FLORIDANcres
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NORTH RIGHT OF WAY LINE PER FLORIDA
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DEPARTMENT OF TRANSPORTATION RIGHT
OF WAY MAP, SECTION 11070-2505, S 0913'78" W
DATED AUGUST 1972 0.20'
N 88'34' 14" W 1320.36, i
POINT OF COMMENCEMENT
NE CORNER OF LOT 48, WALTON
SUBDIVISION, PLAT BOOK 8,
PAGE 5, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA
49
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WALTON SUBDIVISION
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STATE ROAD NO. 50 NORTH RIGHT OF WAY LINE PER OF ---
RIGHT OF WAY VARIES PAGES 443-444, PUBLIC RECORDS
LAKE COUNTY. FLORIDA
NOTE :
NOT VALID WITHOUT SHEET 1.
THIS IS NOT A SURVEY
Drawing No. 55278003 1" = 100'
Job No. 55278 GRAPHIC SCALE
Date: 06/07/201 1
SHEET 2 OF 2
See Sheet 1 for Description 0 50 100 200
SOUTHEASTERN SURVEYING & MAPPING CORP.
6500 All American Boulevard
Orlando, Florida 32810-4350
(407)292-8580 fax(407)292-0141
Cert. No. LB-2108
email: info®southeasternsurveying.com