05-03-2011 Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, May 3, 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 March 1, 2011.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
Item 1 - New Beginnings - CUP
Item 2 - Clermont Hillside Terrace - CUP
Lo
NEW BUSINESS
Request for a Conditional Use Permit to operate
a church in the R-3, Residential/Professional
zoning district located at 792 E. Montrose Street.
Request for an amendment to a Conditional Use
Permit to add additional uses to an existing
conditional use permit to include a house of
worship (church), a private preschool, a private
charter school (K-12), a day care facility, and a
needs distribution center located at 2400 S.
Highway 27.
Item 3 - Consery II — Large -Scale Amendment Request for a large-scale comprehensive plan
amendment to create the Commerce future land
district and to change the future land use on this
property located south of Hartwood Marsh Rd.
and east of US 27 from Lake County Urban
\ Expansion and Rural to Commerce.
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 352-394-4083 Ext. 302.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday March 1, 2011
at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Robert Boyatt,
William Henning, Jr., Bernadette Dubuss, Nick Jones, Raymond Loyko and Judy Proli. Also in
attendance were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan
Mantzaris, City Attorney, Barbara Hollerand, Assistant to the City Manager, and Rae Chidlow,
Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held February 1, 2011 were
approved as written.
REPORTS
There were no reports.
1. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Living Message Church
OWNER: ERC Properties, Inc.
APPLICANT: Brian Broadway / Living Message Church
REQUESTED ACTION: Request for a CUP to allow a church facility in the C-2,
General Commercial Zoning District.
LOCATION: 343 North US Highway 27.
EXISTING ZONING: C-2 (General Commercial)
EXISTING LAND USE: Retail/ Office Building (4 Unit vacant building, approx. 5,000 s.f )
FUTURE LAND USE: Commercial
City planner Curt Henschel stated that the applicant is requesting a conditional use pen -nit to
operate a house of worship in the C-2 zoning district.
Mr. Henschel stated that the applicant proposes to occupy approximately 1,500 square feet of
vacant building space located across Highway 27 from the Citrus Tower Village Publix.
Mr. Henschel stated that the church intends to have 30 seats for Sunday service, and will hold a
Wednesday evening bible study from 6:30 to 8:00 pm.
Mr. Henschel stated that with the existing businesses operating at normal business hours, and the
church operating at typical non -business hours, staff believes there will not be any parking issues
on or off site.
Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church
facility on this C-2 (General Commercial) zoned parcel.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 2
Holly Grant, 11620 Foxglove Dr., stated that Living Message will utilize the facility for their
services, but most of their work is in the community. She stated that each week they teach three
classes inside New Beginnings on computer training, skill assessments classes and help the
residents write their resumes to help them find employment. She stated that they believe in
having a positive impact in the community. She stated that allowing them to move into this
location would put the church in the middle of the community.
Commissioner Dubuss asked if the only time they will use the facility is on Sundays and
Wednesday evenings.
Ms. Grant stated that Sundays and Wednesday evenings will be the only time they will use the
facility.
Commissioner Henning asked if they expected any growth.
Ms. Grant stated that there may be some growth over time. She stated that most of their time
will be off site, working in the community.
Commissioner Dubuss moved to recommend approval for request of the conditional use permit;
seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City
Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME: Engage Church & Ministries, Inc.
OWNER: John Carroll / Daniel Pool Sr.
APPLICANT: Richard Cavender / Engage Church & Ministries
REQUESTED ACTION: Request for a CUP to allow a church facility in the CBD,
Central Business District.
LOCATION: 821 West Minneola Avenue
EXISTING ZONING: CBD (Central Business District)
EXISTING LAND USE: Retail/ Office Building (Approx. 5,700 s.f.)
FUTURE LAND USE: Central Business District
City planner Curt Henschel stated that the applicant is requesting a conditional use permit to
operate a house of worship in the CBD zoning district.
Mr. Henschel stated that the proposed location is the former library in downtown Clermont with
about 5,700 square feet. He stated that the church intends to have approximately 80 members and
will offer services on Sundays and Wednesdays. He stated that the church office hours will be
from 9:00 a.m. to 5:00 p.m.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 3
Mr. Henschel stated that the church is intending for this to be a temporary location and will be
looking to move to a larger building within two years.
Mr. Henschel stated that the existing parking lot is more than adequate for the proposed size of
the church. He stated that with the existing businesses operating at normal business hours, and
the church operating at typical non -business hours, staff believes there will not be any parking
issues on or off site.
Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church
facility on this Central Business District (CBD) zoned parcel.
Richard Cavender, 18249 Apshawa Rd., stated that when he applied for the CUP, they had 80,
members but they have already grown to 115 members. He stated that they would like to have a
permit to seat as many as they can as allowed by parking. He stated that they do have permission
from Becker's Funeral Home for their overflow parking. He stated that he understands that does
not allow them more spaces, but he just wants to make it known that it is an option for overflow
parking.
Commissioner Dubuss asked about condition #12 concerning distance requirements from the
church for businesses selling alcohol.
Mr. Henschel stated that when a church goes into an existing business area, condition #12 is
typical. He stated that if the church is there first, then it is not included in the conditional use
permit.
Commissioner Proli asked how many people would be allowed due to the parking.
Mr. Hitt stated that the parking calculation for an assembly or church is 1 space for every 4 seats.
He stated that they counted 43 parking spaces that would allow 172 members. He stated that
they would also have to verify the maximum occupancy with the fire department.
Commissioner Whitehead stated that the Farmer's Market is downtown on Sundays, so that may
cause parking issues. She asked if landscaping will be required.
Mr. Henschel stated that in the downtown district, the buildings can go to the property line. He
stated that they look at landscaping differently in the downtown area.
Commissioner Proli asked if the two-year time limit would be put into the conditional use
permit.
Mr. Henschel stated that they will leave that condition up to the Commission. He stated they
would rather see the building occupied rather than vacant.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 4
Commissioner Loyko asked what is south of the property.
Mr. Henschel stated that there is additional parking that is not part of the church parking.
Commissioner Dubuss moved to recommend approval for request of the conditional use permit
with the caveat regarding the parking as explained by staff; seconded by Commissioner Boyatt.
The vote was unanimous to recommend for approval to City Council.
3. REQUEST FOR REZONING
REQUEST: Rezoning from R-2 Medium Density Residential District to C-2
General Commercial — Ord. No. 2011-06-M
PROJECT NAME: Clermont Executive Center
OWNER/APPLICANT: Robert D. & Susan L. Thompson
PARCEL SIZE: 1.71 acres +/-
LOCATION: 481 E. Highway 50 (South of S.R. 50, North of Almond St.;
East of Anderson St., West of Disston Ave.)
EXISTING LAND USE: Vacant office building (previously Colonial Bank)
FUTURE LAND USE: Commercial
Planning Director Jim Hitt stated that this site is covered under one Property Tax /Alternate Key
number and will consolidate the north half (currently C-2) with the southern half (currently R-2)
to being all C-2. He stated that the Future Land Use is Commercial for the entire property.
Mr. Hitt stated that staff had reviewed this as being a house -keeping item, considering the
parking lot for the use already expands onto the southern area.
Mr. Hitt stated that the subject property is an office building which had previously been occupied
by a bank. He stated that to the north is the existing office building and across S.R. 50 are
commercial offices; to the east across Disston Ave. is vacant FDOT land; to the west and
adjacent the site is a Sunoco gas station, and across Anderson St. is a two-family home and
commercial offices; to the south across Almond St. are single-family homes.
Mr. Hitt stated that the site is well served by the transportation network with access to three
streets.
Mr. Hitt said staff recommends approval of the rezoning request.
Bob Thompson, 11905 Egret Bluff, stated that he was here to answer any questions.
Commissioner Henning asked about parking.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 5
Mr. Thompson stated that there is enough parking to accommodate the 5,400 square feet for the
building now. He stated that he is coming back for a conditional use permit request to add a
couple of building and at that time he will re -address parking.
Commissioner Henning moved to recommend approval for the rezoning request; seconded by
Commissioner Proli. The vote was unanimous to recommend for approval to City Council.
Planning Director Jim Hitt stated that RaceTrac has withdrawn their request for a conditional use
permit at this time.
4. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT: Business Center and Internet Cafe with Sweepstakes Promotions
OWNER: Clermont Center, LTD
APPLICANT: Clermont FL Entertainment, LLC, Curtis Patel
REQUESTED ACTION: Request to amend Conditional Use Permit (Res. No. 1491) to allow
for the operation of an internet cafe with sweepstakes games in
conjunction with a business center
LOCATION: 1060 & 1062 E. Highway 50 (Clermont Regional Shopping Center)
PARCEL SIZE: 25.96 acres
EXISTING LAND USE: Commercial
EXISTING ZONING: C-2, General Commercial - with a PUD
FUTURE LAND USE: Commercial
Planning Director Jim Hitt stated that the applicant, Clermont FL Entertainment, LLC, is
requesting an amendment to the Conditional Use Permit (Res. 1491) to allow for the operation of
an internet cafe with sweepstakes games in conjunction with a business center.
Mr. Hitt stated that this operation basically charges for internet time and the customer receives
sweepstakes points to play promotional games "at no charge." He stated that the sweepstake
prizes range from $1 to $5,000.
Mr. Hitt stated that the business center will also offer fax, copy and printing services. He stated
that the hours are expected to be 9:00 A.M. to 12:00 A.M. (midnight). He stated that they also
expect to hire between 5 to 10 people.
Mr. Hitt stated that the retail portion of this business is covered under permitted uses, but the
internet cafe with 60 computer internet terminals is not listed as either a permitted use or a
conditional use. He stated that in accordance with the LDC, in the case of uncertainty for the
classification of any use (the internet cafe and sweepstakes portion/use), the applicant is required
to attain a CUP from the City Council.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 6
Mr. Hitt stated that the Clermont Regional Shopping Center was developed prior to the current
parking code requirements, and at 192,215 sq. ft., it has 947 spaces. He stated that under the
current code the plaza would now require 962 spaces (or 15 more) of straight retail. He stated
that one other CUP amendment for the shopping center for Budget Rental Cars has already been
appropriated 15 spaces at the north end of the building, where parking spaces were more readily
available. He stated that two restaurants also operate in the plaza which also use more than the
normally allotted spaces.
Mr. Hitt stated that the location that the applicant is planning to use is 3,360 sq. ft. which, based
on normal retail operations (one space per 200 sq. ft.) would be proportioned for 17 parking
spaces.
Mr. Hitt stated that the LDC does not address internet cafe parking uses directly. He stated that
Section 98-14 does allow staff to determine the number of spaces needed for unlisted uses or
alternative parking. He stated that in this case due to the intensity of use with this proposal as
experienced within other jurisdictions, staff recommends that a one -for -one parking calculation
be used for each computer terminal. He stated that 60 parking spaces are required for this use, or
43 extra spaces. (17 + 43 = 60).
Mr. Hitt stated that because the 60 computer terminals would require additional parking spaces,
the applicant is also requesting a variance for the 43 parking spaces.
Mr. Hitt stated that this proposed use is located in the front portion of the plaza between Pet
Supermarket and Golds Gym. He stated that staff does not feel this use is appropriate at this
location because of the excessive number of parking spaces needed over the normal amount (60
total versus just 17). He stated that staff feels this use would be a burden to the existing and
potential businesses, given the parking limitations in the plaza. He stated that staff recommends
denial of the requested conditional use permit.
Amit Patel, 4409 Hoffner Ave., Orlando, stated that they have been working with the City since
January on this request. He stated that the concern about the parking is that the front two rows of
parking are always in use; however, the back portion of the parking lot is going unused. He
stated the additional 43 parking spaces for the variance request are not because they do not exist,
but for the appropriation of the spaces.
Commissioner Loyko asked if they had other internet cafe businesses currently operating.
Mr. Patel stated that he does have other businesses of this type operating in other areas.
Commissioner Loyko asked that if this is not gambling, then why is it called sweepstakes.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
March 1, 2011
Page 7
Mr. Patel stated that sweepstakes is a predetermined notion, where gambling is a game of
chance.
Commissioner Proli stated she does not feel this is a good location due to the lack of parking.
Commissioner Jones stated that the applicant is facing one of the largest parking areas in the city.
However, he stated that if staff feels that this is not in the community's best interest, then he
would support staff.
Commissioner Dubuss stated that she would also go along with staff s recommendation.
Commissioner Henning stated he uses that parking a lot, and he agrees that a large area of the
parking is not used.
Commissioner Boyatt stated that it needs to be denied just on the parking issue.
Chairwoman Whitehead stated that she does not agree with these types of businesses.
Commissioner Henning moved to recommend denial for request of the conditional use permit;
seconded by Commissioner Boyatt. The vote was unanimous to recommend for denial to City
Council.
Jim Hitt stated that the zoning and land use maps have been updated on the city website.
Commissioner Dubuss moved to recommend Cuqui Whitehead for Chairperson for 2011;
seconded by Commissioner Proli. The vote was unanimous for Commissioner Whitehead to be
Chairperson.
Commissioner Proli moved to recommend Nick Jones for Vice -Chair for 2011; seconded by
Commissioner Dubuss. The vote was unanimous for Commissioner Jones to be Vice -Chair.
There being no further business, the meeting was adjourned at 7:43 pm.
Cuqui Whitehead, Chairwoman
ATTEST:
Rae Chidlow — Administrative Assistant
CITY OF CLERMONT
L4K PLANNING & ZONING COMMISSION
May 3, 2011
���•~~~ CITY COUNCIL
May 24, 2011
APPLICANT/OWNER: New Beginnings of Lake County, Inc. (Steve Smith)
PROJECT: New Beginnings Church
REQUESTED ACTION: Request for a CUP to operate a church in a
R-3, Residential/Professional zoning district.
GENERAL LOCATION: 792 East Montrose St. (west of Ambassador Cleaners & U.S. 27)
SIZE OF PARCEL: 0.43 acres
EXISTING ZONING: R-3, Residential/Professional
EXISTING LAND USE: Vacant building
FUTURE LAND USE: Low Density Residential
EXISTING LAND USE
NORTH:
R-3 Residential/Professional
Commercial
SOUTH:
R-3 Residential/Professional
Residential
EAST:
R-3 Residential/Professional
Vacant
C-2 General Commercial
Commercial
WEST:
R-3 Residential/Professional
Residential
FUTURE LAND USE DISTRICT
Low Density Residential
Low Density Residential
Low Density Residential
Commercial
Low Density Residential
ROAD CLASSIFICATION: Montrose St. — Local
UTILITY AREA: City of Clermont Water / Sewer
SITE UTILITIES: City of Clermont Water / Sewer
SITE VISIT: 4/19/11
SIGNS POSTED: By applicant.
1 of New Beginnings Church CUP
Aerial view:
2 of New Beginnings Church CUP
ANALYSIS: The applicant intends to renovate and convert a vacant building into a
church. This request by the previous owner has been approved four times before by
the City, in 1998, 2000, 2003, 2004, and again in 2008, but never completed. Various
reasons such as land acquisition, and parking constraints kept the church from
development.
The site was sold to the new owners and the applicant has redesigned the site plan and
has designed a plan to utilize on -site grass parking. The new plan shows seven (7)
parking spaces, one of which will be a paved handicapped parking space.
Because of the limited number of spaces available to the site, the staff recommends
that a cap of 28 people be placed for the occupancy load. This number is based on the
parking requirements from the Land Development Code of 1 space per 4 seats. (7
spaces x 4 = 28 spaces) All handicap parking must be paved with access.
The applicant is also requesting two variances for development which are similar to
ones previously approved and include:
• Building setback reductions
• Landscape buffer width reductions
• On -site grass parking (not including HC).
STAFF RECOMMENDATIONS:
Staff recommends APPROVAL of the request for a CUP to allow the operation of a
church provided variances are obtained by City Council for the items previously listed,
and the occupancy load limit of 28 people, unless more property is added adjacent to
the site to accommodate more, per the LDC (Section 2, # 2 and #3).
Staff further recommends that the redevelopment and construction of this site be
completed in accordance with Section 1, #12 (6 months to obtain permits, and one year
for completion).
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. The property may be used as a Church facility only. No expansion of the use or
additions to the facility shall be permitted except as approved by another
Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual
site plan prepared by Highland Industries, Inc. Formal Site Plan and
3 of New Beginnings Church CUP
construction plans incorporating all conditions stated in this permit, shall be
submitted for review and approved by the Site Review Committee prior to the
issuance of a Zoning Clearance or other development permits. The conceptual
site plans submitted with the CUP application are not the approved construction
plans.
4. 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.
5. 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.
6. 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.
7. Required on -site parking spaces must be paved in accordance with City Code
unless otherwise approved by the City Council through the variance process.
Handicap parking spaces must be paved with access.
8. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met and final building permits and landscaping have been
completed.
9. 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.
10. The Conditional Use Permit must be executed and filed in 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.
11. 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.
12. This Conditional Use Permit shall become null and void if all necessary permits
have not been issued within six (6) months, and all improvements, renovations
and items as outlined in the conceptual site plan are not completed within one
(1) year of the date this Conditional Use Permit is executed and signed by the
permittee.
4 of New Beginnings Church CUP
13. Should this church use cease operation for more than one year, a new CUP shall
be required for the same or similar operations.
14. This conditional use permit is contingent upon the applicant obtaining variances
from the City Council for on -site grass parking, building setbacks, and landscape
buffer setbacks.
Section 2 — Land Use
1. The property is to be used as a church facility, or other permitted uses in the R-3
zoning district by which further requirements may be required.
2. Maximum Church occupancy shall be limited to 28 people based on the available
seven on -site parking spaces available. If adjacent property is acquired and
parking spaces are subsequently approved, occupancy may increase, based on
the Land Development Code requirements. Additional grass parking must obtain
a variance. All handicap parking must be paved with access.
3. In the event that parking at this site proves inadequate the City reserves the right
to open the CUP for further review and additional conditions which may include
additional parking requirements or revocation of the Conditional Use Permit.
Section 3 - Transportation Improvements:
1. The permittee shall construct a five (5) foot wide sidewalk along Montrose Street
the length of the subject property prior to any Certificate of Occupancy, in
accordance with City codes.
2. A driveway apron is required for the access to the site, and shall be constructed
per city code.
\\Cityhall\shares\Planning and Zoning\Developments\CUP's\NewBeginningsChurch CUP P&Z5-3,CC5-24-11.doc
5 of New Beginnings Church CUP
EXECUTIVE BOARD
President
Steve Smith
Chairman
Mark Montemayor
Vice -Chair
Rocky DeStefano
Secretary
Dennis Horton
Treasurer
Frank DiPietro
MEN'S ADVISORY
COUNCIL
Waymon Thomas
Dave Bratand
Darryl Church
Larry Daniell
Dr. Al Huba
Morgan Jimenez
Paul Radtke
Lionel Valentine
WOMEN'S ADVISORY
COUNCIL
Lori Caporale
Patrice Evans
Dr. JoAnn Jones
Leslie Longacre
Linda Smith
P.O. Box 121129 Clermont, FL 34712 • (352) 404-6946
www.newbeginningslake.org • stevesmith@newbeginningslake.org
March 17, 2011
To the Clermont City Council
RE: 792 E Montrose St.
New Beginnings of Lake County, Inc is hereby submitting a CUP to renovate and
operate the existing church at 792 Montrose St that has been an eyesore to many for
years. We will use this church to expand our services to local homeless. This
renovation will be a huge asset for the community, and one that the City will be proud
of. This renovation will allow us to more efficiently transform local people from
being homeless, to being self sufficient, tax paying citizen and off welfare. Our
proposed church will provide a special place for our residents to have Sunday
worship service, bible studies, and a place for job training. The lower level of the
building will be a place to store food that will allow us to expand our feeding
program at the Winn Dixie parking lot each Saturday in Clermont.
Because this facility will only be used for our residents and staff we only need
minimum parking spaces. We have presented our preliminary site plan that shows 6
grass parking places and driveway, along with 1 paved space that meets the State
handicap requirements. The City Engineering Dept stated at our preliminary meeting
that grass parking/drive should be acceptable.
We anticipate that the hours of usage will be 8AM to 8PM Monday along with
limited use on Saturdays and usage on Sunday mornings.
We recognize that this building has been a huge eyesore for many years and we are
able, ready and prepared to renovate. We are requesting that the City remove any
and all liens on this property, as we only have the resources to renovate and maintain
this property, but insufficient funds to pay any City liens. We were able to
successfully remove the bank lien, obtain ownership, and now request that the City
Council votes favorably to allow New Beginnings to renovate this building free of
any liens and approve our CUP application.
Sincerely
Steve Smith, resident
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
DATE: March 15, 2011 FEE: 0 -J
PROJECT NAME (if applicable):New Beginnings Church
APPLICANT -New Beginnings of Lake County, Inc
CONTACT PERSON:Steve Smith
Address:200 E Washington St
City: Minneola
Phone:407 595 0179
State:F1
Fax:352 243 7958
E-Mail:stevesmith@newbeginningslake.org
OWNER:New Beginnings of Lake County, Inc
Address: same as above
City:
Phone:
Address of Subject Property:
General Location:
State:
Legal Description (include copy of survey):
Land Use (City verification required):
Zoning (City verification required):
Fax:
Zip:34715
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 propose to use the existing building for church purposes including worship services, bible and job
studies, counseling, and administrative usage on the top floor. The lower level will be used for storage.
There will be no living accommodations at this local. This location is already zoned for church usage and
is easily accessible off Hwy 27. It will be used to help the clients of New Beginnings recover from their
homeless situation. Most homeless people do not have a vehicle, thus, there will be minimum parking
usage.
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Applica t Name (p 1At)
A% W Pe
Owner Name ( nt)
Applicant Name (1'9nazcu-e)
x
Owner Name
******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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- EXISTING
RETAINING
WALL
7.4'
IMPERVIOUS AREA CALCULATIONS
TOTAL AREA =
12,851 SF (0.30 AC)
EXISTING IMPERVIOUS AREA =
2,097 SF (1,750 SF BUILDING AREA + 347 SF PAVEMENT AREA)
PROPOSED IMPERVIOUS AREA =
3,447 SF (27%)
CHANGE IN IMPERVIOUS AREA=
+1,350 SF
PROPOSED PERVIOUS AREA =
9,404 SF (73%)
PARKING CALCULATIONS
TOTAL STALLS REQUIRED = 7 SPACES
TOTAL PROVIDED = 7 SPACES
FUTURE LAND USE DESIGNATION - RESIDENTIAL
CURRENT ZONING: R-3 (RESIDENTIAL / PROFESSIONAL)
LIST OF VARIANCES REQUESTED
NORTH PROPERTY LINE
1. REDUCE LANDSCAPE BUFFER ON THE NORTH PROPERTY LINE TO ALLOW FOR A DRAINAGE SWALE. SEC. 118-37(0)
LANDSCAPE BUFFERS.
EAST PROPERTY LINE
2. REDUCE LANDSCAPE BUFFER FROM THE REQUIRED 10' TO A MINIMUM OF 0.50' AT THE EXISTING STAIR CASE ALONG THE
EAST PROPERTY LINE ALSO TO ALLOW A MINIMUM 7 BUFFER ALONG THE REMAINING LENGTH OF THE EXISTING BUILDING
SEC. 118-37(0) LANDSCAPE BUFFERS.
WEST PROPERTY LINE
3. REDUCE LANDSCAPE BUFFER FROM THE REQUIRED 10' TO A MINIMUM OF7 FEET ALONG THE PARKING LOT. SEC. 116-37(0)
LANDSCAPE BUFFERS.
SITE VARIANCES REQUESTED
4. ALLOW FOR THE DRAINAGE SWALE TO BE PLACED PARTIALLY IN THE LANDSCAPE BUFFERS AT THE REAR OF THE
PROPERTY. THE SLOPES OF THE PROPOSED STORMWATER POND WOULD EXCEED 10% THEREFORE A VARIANCE IS
REQUESTED. SEC 116-37(0) LANDSCAPE BUFFERS.
PERMITTEE/OWNER
NEW BEGINNINGS
200 EAST WASHINGTON STREET
MINNEOLA, FL 34715
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LEGAL DESCRIPTION:
LOTS 2.3 AND THE WEST 8 FEET OF LOT 4, BLOCK 3, HOMEDALE, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 26, OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA-
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CITY OF CLERMONT
L4K PLANNING & ZONING COMMISSION
May 3, 2011
CLERMONT CITY COUNCIL
May 24, 2011
PROJECT NAME: Clermont Hillside Terrace
OWNER: Clermont Hillside Terrace, LLC (Arlene Malik) &
Clermont Hillside Lender, LLC
APPLICANT: Charles C. Hiott, P.E., BESH Engineering (rep.)
REQUESTED ACTION: Request a CUP amendment to add additional uses to an
existing CUP to include a house of worship (church), a
private pre-school, a private charter school (K-12), a day
care facility, food pantry and a needs distribution center.
LOCATION: 2400 S. U.S. Highway 27
EXISTING ZONING: PUD (C-2)
EXISTING LAND USE: Clermont Hillside Terrace
it] IIUN:4W_I'l1lIb911111110i • A27,I - • 101
SURROUNDING CONDITIONS:
ZONING DISTRICT EXISTING LAND USE FUTURE LAND USE
NORTH: C-2, Commercial Commercial (Cluster Oaks) Commercial
SOUTH: R-1-A, Low Density Res. Family Christian Center Public Facilities/Institutional
EAST: PUD (C-2) Commercial (Clermont Landing) Commercial
WEST: R-1, Med. Density Res. S.F. Residential Low Density Residential
ROAD CLASSIFICATION: U.S. 27 - Arterial & Brogden Drive - Collector
UTILITY AREA: City of Clermont Water / Sewer
SITE UTILITIES: City of Clermont Water / Sewer
SITE VISIT: 4-19-11
SIGNS POSTED: By applicant.
1 of Clermont Hillside Terrace - CUP
ANALYSIS: The applicant is requesting a Conditional Use Permit (CUP) amendment
to add additional uses to an existing CUP. The current Clermont Hillside Terrace CUP
includes retails sales, lounges, restaurants, personal services, professional & medical
offices. The applicant is now requesting the following uses: a pre-school, private school
or charter schools K-12, before/after day care, nursery schools, churches and related
activities (food pantry, needs distribution, etc.)
The Lake -Sumter MPO has stated the proposed school uses will have a reduction of
P.M. peak hour traffic count trips than the already approved retail and restaurants uses.
The church and school uses will also require less parking than what has been
accounted for on site.
Aerial view:
Oell
2 of Clermont Hillside Terrace - CUP
STAFF RECOMMENDATION:
Staff recommends approval of the request to amend the CUP to include the additional
Church and school uses.
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.
3 of Clermont Hillside Terrace - CUP
2. No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
3. For the remaining pads E, F, G & H, all formal construction plans, incorporating all
conditions stated in this permit shall be submitted for review and approved by the
Site Review Committee prior to the issuance of a zoning clearance or other
development permits. The conceptual site plans submitted with the CUP
application are not the approved construction plans.
4. 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.
5. 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 or
require further conditions as deemed appropriate.
6. The Conditional Use Permit must be executed and processed through the office of
the City Clerk within 90 days of its date of approval by the City Council or the
permit shall become null and void.
7. 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.
8. For the remaining pads E, F, G & H, the final Certificate of Occupancy shall not be
issued for each building/pad until each of the stated conditions have been met. If
any of the stated conditions are violated, the applicant understands and agrees
that the City Council may open the Conditional Use Permit for further conditions or
revoke this Conditional Use Permit by resolution.
9. No business can occupy any portion of the building(s) after construction and final
Certificate of Occupancy unless the proposed business has applied for and
obtained a Local Business Tax Receipt from the Clermont Planning & Zoning
Department.
10. Should all approved uses cease operation for more than one year, a new CUP
shall be required for the same or similar operations.
11. In the event that parking at this site proves inadequate the City reserves the right
to open the CUP for further review and additional conditions which may include
additional parking requirements or revocation of the Conditional Use Permit.
4 of Clermont Hillside Terrace - CUP
12. In the event that the noise levels create a nuisance to the surrounding property
owners, the City reserves the right to open the CUP for further review and
additional conditions.
13. For the remaining pads E, F, G & H, all backflows must be brought up to code
when each individual building is completed in conjunction with the certificate of
occupancy.
14. All grease traps must be pumped at a minimum of once per quarter, unless
otherwise approved by the Director of Utilities. The City reserves the right to open
the CUP for further review and additional conditions if violation of this CUP
condition occurs, which may include revocation of the CUP and Code Enforcement
actions.
15. All other conditions as previously approved in Resolution No. 1472 (Exhibit A) shall
remain in effect where applicable, with the exception of Parcel C, which will be
removed from the CUP along with the residential use originally allowed.
16. Parcel C from the original CUP (Res. No. 1472) shall be provided access as
provided by State, County and City requirements.
Section 2 — Land Use
1. The property is approved for the following uses within the C-2 General Commercial
zoning District: retail, professional & medical offices, personal service, lounge,
financial institution, restaurant uses and residential uses on pads E, F, G & H. All
uses must adhere to the requirements of the Land Development Code.
2. Other uses may include pre-school, private school or charter schools K-12,
before/after day care, nursery schools, churches and related activities (food
pantry, needs distribution, etc.) and other similar uses as approved by the Site
Review Committee.
3. Should a business that sells alcoholic beverages for onsite consumption wish to
locate within 500 feet of those uses listed in Section 2 — Land Use, #2, those uses
would not contest a variance application to allow said business within 500 feet of
those uses.
Section 3 — Landscaping
1. At the original site development 1,407 tree inches were deficient from the overall
site which included Parcel B - buildings A, B, C and D. The costs for the deficient
inches/trees are to be paid into the City's tree fund. 1,407 inches equals a
minimum of 469 trees at the Code required three inch (Y) caliper (and further
code requires 12' ht, 6' spread, 65 gallon containers, Florida grade #1).
5 of Clermont Hillside Terrace - CUP
To date 600 inches (200 trees) have been paid for (based on replacement tree
costs as agreed on with the City). Prior to permitting of any of the remaining
proposed buildings E, F, G or H, or any further building development on the site,
the remaining inches/tress must be paid for in full to the City. Tree costs and a
payment timeline for the remaining 807 inches (269 trees) shall be negotiated with
the City Manager's office.
In the event the City Manager is unsuccessful in negotiating an acceptable
payment plan within a reasonable time frame, the CUP shall be brought back to
the Council for amendment or ratification.
2. All further landscaping shall adhere to the current Land Development Code.
Section 4 - Architectural Design Standards
1. All structures shall be designed and constructed in accordance with the
Architectural Standards of the City of Clermont.
2. All fencing within public view shall be ornamental metal or brick, as approved by the
Site Review Committee.
\\Cityhall\shares\Planning and Zoning\Developments\CUP's\Clermont Hillside Terrace\Clermont Hillside Terrace
CUP P&Z5-3-1 1,CC5-24-1 1.doc
6 of Clermont Hillside Terrace - CUP
EXHIBIT A
CITY OF CLERMONT
RESOLUTION
NO.1472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO.
1308 TO ALLOW FOR RESIDENTIAL, PROFESSIONAL OFFICE,
PERSONAL SERVICE, LOUNGE, MEDICAL OFFICE,
FINANCIAL INSTITUTION AND RESTAURANT USES.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held March 7, 2006 approved this Conditional Use Permit to
amend Resolution No. 1308 to allow for residential, professional office, personal service,
lounge, medical office, financial institution and restaurant uses at the following location:
LOCATION
2400 S. Highway 27
The City Council deems it advisable in the interest of the general welfare of the City of
Clermont, Lake County, Florida to grant this Conditional Use Permit.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida that:
This application for a Conditional Use Permit to amend Resolution No. 1308 to allow for
residential, professional office, personal service, lounge, medical office, financial
institution and restaurant uses ; be granted subject to the following conditions:
CONDITIONS:
Seetion I - 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 further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site
plan prepared by Farrier Barley and Associates, Inc. and dated February 24, 2003.
Formal construction plans, incorporating all conditions stated in this permit, shall be
submitted for review and approved by the Site Review Committee prior to the issuance of
a zoning clearance or other development permits. The conceptual site plans submitted
with the CUP application are not the approved construction plans.
7 of Clermont Hillside Terrace - CUP
CITY OF CLERMONT
RESOLUTION
NO.1472
Page — 2 -
4. 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.
5. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
6. 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.
7. The Conditional Use Permit must be executed and filed in 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.
8. This permit shall become null and void if substantial construction work has not
begun within two (2) years of the date of this Conditional Use Permit is executed and
signed by the permiittee. "Substantial construction work" means the commencement and
continuous prosecution of construction of required improvements ultimately finalized at
completion.
Section 2 • Land Use
1. The proposed development may consist of residential, retail, professional office,
personal service, lounge, medical office, financial institution, and restaurant uses.
2. The lounge use shall be defined as the following
Ultra Lounge:
An establishment devoted to serving or providing alcoholic beverages for
consumption on the premises, in conjunction with the sale of food and the proper
controls in place to maintain the integrity of the establishment while complying
with all applicable laws, regulations and ordinances.
Conditions/Stipulations:
Entertainment — All entertainment shall be conducted internally.
2
8 of Clermont Hillside Terrace - CUP
CITY OF CLERMONT
RESOLUTION
NO.1472
Page — 3 —
2. Safety — The security staff located on premises during business hours will
maintain the safety and well being of the guests.
3. In the event City Staff determines that the operation of a Lounge creates a
concern to the general welfare of the City of Clermont, this resolution shall be
presented to the City Council for reconsideration of the approval of the lounge
granted herein. Staff concern as referenced herein shall be defined as three
documented complaints in a one year period of violations of applicable laws,
regulations and ordinances.
Section 3 - Excavation and Gradine/Oueration Plana
1. Detailed grading, erosion control, and dust abatement plans for the entire site shall
be submitted to and approved by the Site Review Committee prior to construction plan
approval and the initiation of development activity. 'lice dust abatement plan shall detail
measures to be taken to eliminate the migration of dust particles from the site.
2. The permitteeldevelopers shall provide ground cover on all disturbed areas, where
construction is not immediately intended. Ground cover shall be provided in accordance
with an approved ground cover plan acceptable to the City in accordance with best
management practices (BMP) of the U.S.D.A. Soil Conservation Service,
3. All excavated material shall be stored in a location approved by the City
Engineer.
4. Ingress and egress to the site for construction shall be determined by the City
Engineer.
S. The property shall be graded in accordance with the grading plan prepared by
Farrier Barley and Associates and dated March 31, 2003; this allows for a change in
elevation of up to 20 feet over a portion of the site as depicted on the grading plan.
Section 4 - Transportation Improvements
1. Sidewalks shall be required along all public road frontages.
2. A westbound left turn lane from Brogden Drive into the project shall be
constructed prior to the issuance of the first Certificate of Occupancy.
9 of Clermont Hillside Terrace - CUP
CITY OF CLERMONT
RESOLUTION
NO. 1472
Page — 4 —
3. The permittee shall contribute a pro rata share of the cost of the future signal at
U.S. 27 and Steves Road, if the signal is not funded by County impact fees.
Section S - Utilities
1. Restaurants will be required to install grease traps at a size to be determined by
the Public Works Director.
2. Dumpsters shall not be located along the western property boundary adjacent to
the Lakeview Hills subdivision. Dumpster enclosures shall be covered.
Section b — Landscaping & Signage
1. An opaque landscape buffer shall be provided along the western boundary of the
project to screen the project from the homes in the Lakeview Hills subdivision. Existing
trees and as much other natural vegetation as possible shall be retained in this buffer.
2. All signs for the project shall be monument signs.
Section 7 - Architectural Desi® Standards
1. Architectural design shall be similar to and contain the major design elements as
depicted on the conceptual architecture plans as prepared by Timothy Gaus Architecture.
Architectural plans for all buildings must be submitted to and approved by the Site
Review Committee prior to construction plan approval. All structures shall be designed
and constructed in accordance with the pending Architectural Design Ordinance.
2. The architectural design of the future expansion of the Harley Davidson
dealership shall be an extension of the design of the existing structure. The intent is to
limit the amount of metal surface visible from public rights -of -way.
3. Parking lot lights shall be aimed straight down and be enclosed in a shroud so that
light will not project out in an upward or horizontal direction.
10 of Clermont Hillside Terrace - CUP
CITY OF CLERMOAT
RESOLUTION
NO.1472
Page — 5 —
Sectior 8 Vanncefsl
1. The applicant is requesting walls 10 ft. in height rather than the 6 ft. allowed for
by code.
2. To allow for 10 ft. of the required 20 ft, wide landscape buffer along U.S. 27 to be
sloped and 10 ft. to be flat as opposed to the code which calls for the entire buffer to be
level flat ground.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORTDA THIS 9* DAY OF MAY 2006.
Harold Turville, Mayor
ATT T:
Tracy Ackroyd, City Clew
5
11 of Clermont Hillside Terrace - CUP
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
PROJECT NAME (if applicable):Clermont Hillside Terrace
APPLICANT: Booth, Ern, Straughan & Hiott, Inc.
CONTACT PERSON:Charles C. Hiott, P.E.
Address:350 N. Sinclair Avenue
City:Tavares State: FL
Phone:352-343-8481 Fax:352-343-8495
E-Mail:chiott@besandh.com
OWNER:Clermont Hillside Lender, LLC, Attn. Bradley Mindlin
Address:1640 S. Sepulveda Blvd., Suite 218
City:Los Angeles State:CA
Phone:310-806-6060 Fax:310-806-6065
Address of Subject Property:2400 U.S. Hwy. 27, Clermont, FL 34711
FEE:$1,001.50
Zip:32778
Zip:90025
General Location: S.W. corner of Brogden Road and U.S. Hwy. 27, Clermont, FL
Legal Description (include copy of survey): See attached.
Land Use (City verification required):Commercial with CUP
Zoning (City verification required):Commercial
1' M
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.
Modify current CUP to include pre-school, private school or charter schools K-12, before/after day care,
nursery schools, churches and related activities (food pantry, needs distribution, etc.). (32, 500 SF)
Charles C. Hiott, P.E.
Applicant Name (print)
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******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
C)ermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
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SITE SUMMERY
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NEW 25'
SiE AREA 8E3,851 MST. (15.24 AC)
BULDRNG HOUHT. < E'
B IDW TIPS BIRO(
BULGING USE IOtD USE OE%E1fPWO(T
AREA USAGES AND CALCULATIONS
1. EXISTING BUILDING A: ONE STORY - PROPOSED RESTAURANT
2. EXISTING BUILDING C: ONE STORY - PROPOSED RETAIL/OFFICE SPI
S. EXISTING BUILDING B: THREE STORY FIRST LEVEL, PROPOSED R
- BEGUN
U LEVEL, PROPOSED RETAIL/OFI
- THIRD LEVEL, PROPOSED NETAILIOFF
A. EXISTING BUILDING D: THREE STONY - FIRST LEVEL, PROPOSED
SECOND LEVEL, PROPOSED RETAIL/OFI
TNIRD LEVEL, PROPOSED RETAIL/OFF
5. FUTURE BUILDING E: TWO STORY FIRST LEVEL, PROPOSED RET
- SECOND LEVEL. A DPOSED RESIDENTI
TOTAL AREA
(SEE NOTES 1)
6. FUTURE BUILDING F: ING STORY FIRST LEVEL, PROPOSED NET
SECOND LEVEL. PROPOSED RESIDENTI
TOTAL AREA
IEEE NOTES I)
T. FUTURE BUILDING G: TYRO STORY - FIRST LEVEL, PROPOSED RET
SECOND LEVEL, PROPOSED RESIDENTI
TOTAL AREA
(SEE NOTES 1)
B. FUTURE BUILDING N TNO STORY FIRST LEVEL, PROPOSED RET,
SECOND LEVEL, PROPOSED RESIDENTI.
TOTAL AREA
(SEE NOTES 1)
NOTE 1: SQUARE FOOTAGE ARE FOR LEASABLE SPACE, NOT INCLUDING C
COMPONENTS.
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SITE SUMMERY
2UMG PD " CUP
115E NLOICIAL
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FRCR /STIEFT: 50'
SR 12,
REAR 23'
SiE AEA BB3B54 SOFT. (15.24 AC)
988NG HEIGHT: < w
BU DIG TTPE: BLOCK
Kam USE: 1DED USE OEVELOP E117
AREA USAGES AND CALCULATIONS
1. EXISTING BUILDING A: ONE STORY - PROPOSED RESTAURANT
2. EXISTING BUILDING C: ONE STORY , PROPOSED RETAIL/OFFICE SPACES;
3. EXISTING BUILDING B: THREE STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES;
SECOND LEVEL, PROPOSED RETAIL/OFFICE SPACER;
TXIPO LEVEL. PROPOSED RE TAIL IOFFICE SPACES;
4. EXISTING BUILDING D: THREE STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES;
- SECOND LEVEL, PROPOSED RETAIL/OFFICE SPACES;
THIRD LEVEL. PROPOSED RETAIL/OFFICE SPACES;
5. FUTURE BUILDING E: TNO STORY - FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; 3,600 SO. R.
6ECON0 LEVEL. PROPOSED RESIDENTIAL: 3.600 SO, FT.
TOTAL AREA GO. FT.
(SEE NOTES 1)
6. FUTURE BUILDING F: TRO STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; 3.GOD W. FT.
SECOND LEVEL. PROPOSED RESIDENTIAL: 3.600 W. FT.
TOTAL AREA GO. FT.
(SEE NOTES 1)
7. FUTURE BUILDING G: TWO STORY - FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; ],ROD SO. FT.
SECOND LEVEL. PROPOSED RESIDENTIAL: 3.800 W. FT.
TOTAL AREA SO. FT.
(SEE NOTES 1)
B. FUTURE BUILDING N: TWO STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; 3,600 SO. FT.
SECOND LEVEL. PROPOSED RESIDENTIAL; 3.600 S0. FT.
TOTAL AEA 1,200 S0. FT.
(SEE NOTES 1)
NOTE 1: NUME FOOTAGE ME FOR LEASABLE SPACE, NOT INCLUDING CONNOR MEAS ON SONLESS
COMPONENTS.
I LOT 20
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= LOT 19
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RECREATION k UTIUTY
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LOT 16 \
_ — — _ _ — — — — — — — — —
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scaleI-- 60'
AC D 90 120
SCATS DN FQT
DATA:
PARCEL R f10.07 ACRES a/-1
MIXED USE PLAZA
1ST LEVL
3.= SO FT. TOTAL RETR E RESTAURANT
• ASMED 2e= SG FT. RETAIL
2$SSL/ WO - 133 PNW SPACES Mgt
• ASSURED 9.500 SO FT. RES 9VM
MB PUCK USE ILEA - MOO M FT.
3.900/ 5D - 70 PARKING SPACES FM
25 PROSES - 14 PN9GIB SPARS R®b
TOTAL FIM PANONG FOR RESTAURANT - 22 SPICES
TOTAL REDO PARM FUR 1ST IFEI- 225 SPACES
2ND WAIL
12,e10 SO FT. RETAIL OR CFW
1294O/ 20D - 54 PA OW SPACES f n
21D LEAL
12 A•ACDENIS (2 M)
12 X 2 - 24 PM9CIG SPACES RE7ID
3 D LEVEL
13,M2 41 FT. RETAL OR WIDE
13,M2 / 20D - M PARKING 'FAGS REDD
TOTAL PAWN RFD'D : m 4 04 ♦ 24 ♦ M - SIR SPACES
TOTAL PMM RDL91ED - W SPACES
TOTAL REFIA RANT, CfICE AND RETAL SPACE - WX4 SQ. FT.
TOTAL APARRENT SPACE - 14.400 SO FT. f/-
GIAID TOTAL USABLE AREA (NOT INCLUDING CORNCN AREAS) - 7.E924 SO FT.
OF I195 73F24 IF 3LSOO S: CAN BE USED FOR 40M OAIGAE. OR =0 Lai
SITE NOTES
WIER S12Mt CITY OF CID9ICIR
WAITIt CM OF CFIYCR
TFIDRICE PANE 181PHO E FIBPANY
FIRE PROTMIM CITY OF CLOWIT
SOLD WASTE OSPOSAL LOCAL FRANCHISE
FURS 1EGETATRE 070t m WINE LAD IM SKEET
PATMM BUT RDIOIR SOWTU M
PROJECT LAND 5 SM VACANT, TREES CH SUE
SITE IS LOCATED N F9N 2CE Y. comoRY
PANEL NO 12009BOD545 D UIRM 1E ALY MM
SITE 5 NOT N A ROOD HAE AREA.
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CITY OF CLERMONT
Office of the City Manager
Memorandum
Date: April 26, 2011
From: Barbara Hollerand, City Manager's Offic(�
To: Planning & Zoning Commission and City Council
Large -Scale Comprehensive Plan Amendment Transmittal —
Water Consery H property and Commerce Future Land Use District
Enclosed is the supporting documentation for the transmittal of the City's 11-1 comprehensive
plan amendment. This amendment will 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.
The 2,818.48-acre Water Consery II property is located south of Hartwood Marsh Road and east
of U.S. 27. It is being considered for annexation May 24.
Upon Council approval, this proposed amendment would be transmitted for review by the
Florida Department of Community Affairs (DCA), Lake County, and the five reviewing
agencies. DCA would issue an Objections, Recommendations and Comments letter on the
proposed amendment in August, and it could come back to the Council for adoption in August or
September.
Public hearing dates are May 3 for P&Z and May 24 for City Council. Related requests for
annexation and a pre -annexation agreement will be heard by the City Council May 24.
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
r
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
LC < May 3, 2011
CLERMONT CITY COUNCIL
®.e... May 24, 2011
Proposed Large -Scale Comprehensive Plan Amendment (DCA 11-1)
REQUESTS: Large -Scale Comprehensive Plan Amendment amending the Future Land
Use Element to create the Commerce Future Land Use District; Future Land Use Map
amendment to change the future land use on the Water Consery II property from Lake
County Urban Expansion and Rural to City Commerce
OWNERS / APPLICANTS: City of Clermont; Orange County, City of Orlando
FUTURE LAND USE MAP AMENDMENT:
PARCEL SIZE: 2,818.48 acres +/-
LOCATION: South of Hartwood Marsh Road, east of U.S. 27
EXISTING LAND USE: Rapid Infiltration Basin Sites (RIBS) and vacant
EXISTING FUTURE LAND USE: Lake County Urban Expansion and Rural
EXISTING ZONING: Lake County Agriculture and R-6 (becomes Urban Transition upon annexation)
ANALYSIS:
This is a two-part comprehensive plan amendment request. The City is the applicant for the
text amendment to the Future Land Use Element and the Water Consery II partners Orange
County and the City of Orlando are the applicants for the Future Land Use Map amendment
request.
The City's request is to amend the Future Land Use Element to create a new future land
use district to be known as Commerce. The Water Consery II request is to change the
future land use on the annexed property from Lake County Urban Expansion and Lake
County Rural to this new Commerce district in the City.
The 2,818.48-acre Water Consery II property is located south of the present City limits,
south of Hartwood Marsh Road and east of U.S. 27. The subject property, in four tracts, is
contiguous to the City on its northern side. It is being considered for annexation May 24.
The subject property is south of the Regency Hills, Southern Fields and Hartwood Reserve
subdivisions. To the south is vacant agricultural property in Lake County and several active
citrus groves. Some rural residential tracts in Lake County are adjacent to the property's
northeastern boundary.
The City has anticipated this annexation for several years. Orange County and City of
Orlando representatives have previously met with the City, expressing their desire to bring
the tracts into the City, while continuing to use the property for Rapid Infiltration Basin Sites
(RIBS). The City of Clermont and Orange County/City of Orlando are also considering
adoption of an agreement that would allow the City of Clermont to receive reuse water from
the operation of the RIBS facilities.
The Commerce future land use district will apply to properties south of Hartwood Marsh
Road, south of the existing City limits. This proposed comprehensive plan amendment is
expected to be adopted in August or September.
The following language is proposed to be added to the Future Land Use Element of the
comprehensive plan as Policy 1.7.3 and Policy 1.7.3(a):
Policy 1.7.3 Commerce. The Commerce category is intended to provide a location for
commerce/workforce-oriented development to accommodate a mixture of primary and
secondary/support uses. Primary uses shall include low impact/high-tech manufacturing uses; light
industrial; professional and corporate offices; major health care facilities; businesses that provide
services or goods to a regional, national or global market; educational, research and technical
institutions and schools; and public infrastructure and support systems or services including spray
fields, rapid infiltrations basin systems (RIBs) and associated storage facilities. Secondary or support
uses may include commercial, office, hotels, and schools.
All Commerce development shall have a maximum impervious surface coverage of 40% to include
but not limited to buildings, walkways and parking lots. All Commerce projects must be supported
by the Water Supply Plan and have adequate water or sewer services are able to serve those uses
prior to development. The maximum intensity for Commerce uses shall be 1.0 FAR for all uses.
Public transportation facilities or passive recreation uses may occur on these properties prior to
commerce development.
These uses and restrictions shall be placed on properties designated as Commerce within the high
aquifer recharge area south of Hartwood Marsh Road and described as: Sections 13, 14, 15, 16, 21,
22, 23, 24, 25, 26, 27, 28, and 33, Township 23 South, Range 26 East; and, Section 4, Township 24
South, Range 26 East, all lying east of U.S. 27.
Policy 1.7.3(a) Commerce — Water Consery II. The property known as Consery II annexed by
Ordinance No. 2011-05-M shall be limited to 10 percent of its net developable acreage (less water
bodies, wetlands and floodplains) to be used as Commerce development use as outlined in Policy
1.7.3 unless sold for private enterprise at which time the maximum FAR shall convert back to 1.0
for all uses. The rapid infiltrations basin systems (RIBs) and associated storage facilities shall not
count toward development acreage or percentage. Commerce development by private enterprise or
non -government related development shall adhere to the 10 percent cap if property ownership is
retained by the owners; if sold, a 1.0 F.A.R. shall apply.
In anticipation of the annexation request, the City Council on August 24, 2010 adopted
Ordinance 2010-09-M which created the Urban Transition zoning district. This district will
function to preserve the existing uses as a permitted use. All properties in this area south of
the existing City limits would be assigned this default zoning of Urban Transition, or UT,
rather than the Urban Estate District assigned to all other annexed properties.
The Water Consery 11 site will be accessible by County -maintained clay roads. No traffic
studies are required at this time due to the existing non-residential, non-commercial nature
of the use. The property will also be considered for a corridor for a possible east -west
connection road from U.S. 27 to S.R. 429. Upon annexation, the property will receive the
default zoning of Urban Transition.
The property is within the City's Joint Planning Area and is contiguous to the City on its
northern side. Upon annexation of this property, it is appropriate to assign a City future land
use of Commerce at this location.
STAFF RECOMMENDATION:
Staff recommends approval of the Future Land Use Element change and approval of the
Future Land Use Map change from Lake County Urban Expansion and Rural to Commerce
in the City.
\\Cityhall\shares\Planning and Zoning\Comp Plan Amendments\11-1 CONSERV II & Master Planned Development-Commerce\LSA 11-1
Water Consery 11 & Commerce P&Z 05-03-11 CC 05-24-11.doc
City of Clermont
Urban Transition Zoning District (City) upon annexation
Section #'s & Alternate Key #'s (for CONSERV II)
City of Clermont - city limits
iClermont 180 Water Service Area
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City of Clermont
Future Land Use Map
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\\Cityhall\shares\Planning and Zoning\Comp Plan Amendments\MAP 4 draft CONSERV Il.doc
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CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE
Future • Use Categories•-
Conservation
Maximum Density/intensity
gross acre)
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
Commerce
1.0 FAR
Downtown Mixed -Use
12 units per acre/3.0 FAR
Commercial
12 units per acre/0.25 FAR
Industrial
1.0 FAR
Objective 1.7 Mixed -Use Land Use Categories. The mixed -use categories are
established to accommodate a mixture of residential, office, atecommercial and industrial uses as
single uses on separate parcels or as a mix of uses within a single development. The maximum
density for residential uses shall be 12 units per acre; however, densities higher than eight units per
acre shall require a conditional use permit. Other uses allowed include supportive accessory uses,
churches and schools as conditional uses, minor public utilities (i.e., telephone switching stations, lift
stations, drainage infrastructure, and similar facilities), parks and open space, municipal facilities and
other civic and cultural uses subject to standards and performance criteria set forth in this plan and
in the land development regulations. Areas designated as mixed -use Commerce as described in
Policv 1.7.3 and Policv 1.7.3(a) shall have specific standards and performance criteria set forth in this
titan and in the land development code which are specific to non-residential uses and development.
Policy 1.7.1 Residential/Office. The residential/office category is intended to provide for
a mixture of predominantly residential uses, while allowing for professional offices that are
consistent with the general character of the adjacent residential uses. Based on current land use
trends, the City estimates that the mix of uses in the residential/office category will be 65
percent residential and 35 percent non-residential. The maximum intensity for office
development shall be 0.25 FAR. The FAR shall not be applied to the residential portion of a
mixed -use development.
Policy 1.7.2 Master Planned Development. The master planned development category is
intended to provide for two existing approved developments of regional impact (DRI), King's
Ridge DRI and Lost Lake Reserve DRI, the Black West proposed mixed -use development
subject to a utility and annexation agreement approved by the City and new master planned,
mixed -use projects that shall be applied only upon City Council approval of a development
agreement that specifies the allowable types and distribution of land uses and the maximum
number/density of residential units, and which demonstrates that public facilities and services
meet the requirements of the City's Concurrency Management System. The maximum intensity
for office and commercial uses shall be 0.25 FAR; 1.0 FAR for industrial uses; and 0.25 FAR
for institutional uses. The FAR shall not be applied to the residential portion of a mixed -use
development.
Policy 1.7.3 Commerce. The Commerce category is intended to provide a location for
commerce/workforce-oriented development to accommodate a mixture of primary and
secondary/support uses. Primary uses shall include low impact/high-tech manufacturing uses:
light industrial: professional and corporate offices: major health care facilities: businesses that
provide services or goods to a regional. national or global market: educational, research and
technical institutions and schools: and public infrastructure and support systems or services
including spray fields, rapid infiltrations basin systems ( Bs) and associated storage facilities.
Secondary or support uses may include commercial, office. hotels, and schools.
All Commerce development shall have a maximum impervious surface coverage of 40% to
include but not limited to building& walkways and parking lots. All Commerce projects must
be supported by the Water Supply Plan and have adequate water or sewer services are able to
serve those uses prior to development The maximum intensity for Commerce uses shall be 1.0
FAR for all uses.
Public transportation facilities or passive recreation uses may occur on these properties prior to
commerce development.
These uses and restrictions shall be placed on properties designated as Commerce within the
high aquifer recharge area south of Hartwood Marsh Road and described as: Sections 13 14
15, 16, 21, 22, 23, N. 25, 26, 27. 28, and 33, Township 23 South, Range 26 East. and. Section 4,
Township 24 South, Range 26 East, all lying east of U.S. 27.
Policy 1.7.3(a) Commerce — Water Consery II. The property known as Consery II
annexed by Ordinance No. 2011-05-M shall be limited to 10 percent of its net developable
acreage (less water bodies, wetlands and floodplains) to be used as Commerce development use
as outlined in Policy 1.7.3 unless sold for private enterprise at which time the maximum FAR
shall convert back to 1.0 for all uses. The rapid infiltrations basin systems IBs) and associated
storage facilities shall not count toward development acreage or percentage. Commerce
development by private enterprise or non -government related development shall adhere to the
10 percent cap if property ownership is retained by the owners. if sold, a 1.0 F.A.R. shall apply.
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Commerce\Mixed-Use Commerce FLU category -DRAFT(3).doc