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03-01-2011 Supporting Documents
CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, March 1, 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 February 1, 2011. REPORTS Planning & Zoning Director, Chairman, Commission Members NEW BUSINESS Living Message Church - CUP Request for a Conditional Use Permit to allow a church facility in the C-2 General Commercial zoning district located at 343 N. US Highway 27. Engage Church &M1inistries - CUP Clermont Executive Center - Rezoning V�r�► lip 14\ RaceTrac - CUP Request for a Conditional Use Permit to allow a church facility in the CBD Central Business District located at 821 W. Minneola St. Request to rezone property from C-2/R-3 General Commercial / Residential - Professional to all C-2 General Commercial located at 481 E. Highway 50. Request for a Conditional Use Permit amendment to expand the site and replace/enlarge the convenience store and establish a temporary fuel sales kiosk until completion located at 997 E. Highway 50. Business Center & Internet C fe -CUP Request for a Conditional Use Permit to 1 1 allow for the operation of an internet cafe with sweepstakes games in conjunction with a business center located at 1060 & 1062 E. Highway 50. CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, March 1, 2011 City Hall — 685 W. Montrose Street, Clermont, FL W� Nomination of Chair and Vice -Chair for 2011 - bU� � z 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 February 1, 2011 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday February 1, 2011 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were William Henning, Jr., Bernadette Dubuss, Nick Jones, Raymond Loyko and Judy Proli. Also in attendance were Curt Henschel, City Planner, Jack Morgeson, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held January 4, 2011 were approved as written. REPORTS There were no reports. 1. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: First Baptist Church OWNER/APPLICANT: Ben Bond REQUESTED ACTION: Request for a CUP to allow a church recreational use in the R-1 Low Density Residential zoning district. LOCATION: 2745 Hartwood Marsh Rd. (southeast corner of Hartwood Marsh Rd. and Hancock Rd.) EXISTING LAND USE: Vacant lot FUTURE LAND USE: Low Density Residential ZONING: R-1 Low Density Residential City planner Curt Henschel stated that the applicant is requesting a Conditional Use Permit to allow a church recreational use in the R-1 zoning district. He stated that the First Baptist Church is proposing to construct one recreational ball field on its vacant 40-acre parcel. Mr. Henschel stated that the following is a description from the applicant about the proposed events to be scheduled at the recreation field: Our current plans for our property on Hartwood Marsh Road are to construct an Upward flag football/soccer field. Upward flag football is played with about 7 players on each team on Saturdays from about 9 AM to 3 PM. The season should last about 8 weeks in September and October. The Upward soccer program is played with 2 games going on at the same time on the same field with about 6 members on each team. The games should be scheduled from about 9AM to 3PM each Saturday. The soccer program will last about 8 weeks in April and May. Practices for each league will be scheduled on weekday evenings before dark on Mondays, Tuesdays, and Thursday evenings. Both of these programs should help take some of the load off of city leagues and their fields. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 1, 2011 Page 2 Mr. Henschel stated that construction of the field will only occupy a small portion of the 40-acre parcel. He stated that the parking for the field is proposed to be located along the northern property line, and a temporary port -a -potty (with screening) is also proposed. Mr. Henschel stated that after the discussion at the July 27, 2011 Council meeting, staff and the applicant have proposed changes to the site to address the access and location of the ball field. He stated that access to Hartwood Marsh Road is still a major concern for safe accessibility. He stated that because Hartwood Marsh Road is a Lake County Road, proper access must also be approved by Lake County. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow a church recreational use on this R-1 Low Density Residential zoned parcel. Ben Bond, 10583 Lake Hill Dr., stated that the Commission has seen the request before and voted unanimously for recommending approval of this conditional use permit. He stated that with the City's recommendation, they have made some adjustments to the site as requested to make it better for the community and traffic flow. Rick McCoy, 606 S. Main Avenue, Minneola, stated that one of the concerns was the people getting onto Hartwood Marsh Road from the ball field. He stated that they have talked with the county about lining the entrance and exit up with the charter school as a safer option. The other option, supplying a signal at the other intersection, is beyond the scope of the church at this point. Jim Jacobs, 2722 Valiant Dr., stated that he is the president of the HOA for Regency Hills subdivision. He stated that he does not have a problem with the church being there but is concerned about the traffic. Mr. Bond stated that the games will be on Saturdays. He stated that Monday, Tuesday, Thursday and Fridays will be practices. He stated that it will be for two months in the spring and two months in the fall. He stated that at the practices there will not be that many people coming and going. Commissioner Loyko asked why the county would want to run the right-of-way up to the charter school. Mr. McCoy stated that the county engineers feel it would be safer to align with the school. He stated that the right -or -way will be a 50-feet radius. He stated that more people will be there on Saturdays when the games are scheduled. Commissioner Jones asked if the driveway was going to be paved and how far will it extend. City of Clermont MINUTES PLANNING AND ZONING COMMISSION February 1, 2011 Page 3 Mr. McCoy stated that it will be a concrete apron and will come back no farther than the curb, far enough to get the temporary port -a -lets in. Commissioner Dubuss stated that it looks like the bathroom facilities abutt the property line. Mr. McCoy stated that they are about 100 feet from the property line. Mr. Bond stated that the bathroom facilities will be the nice bathrooms, not the type you see on construction sites. He stated that the trees are about eight to 10 feet tall and the facilities will be under the trees. Chairwoman Whitehead asked how the church will stop the kids from crossing through residents' yards to get to the ball fields. She stated that she is concerned with the traffic on Hartwood Marsh Road. Mr. Bond stated that they can move the bathroom facilities if that is a problem with the residents. He stated there is a fence that goes around the subdivision. Mr. Jacobs stated that it is not a closed -in fence, but it does go around the subdivision. He stated again that he does not have a problem with the church being there, and that is part of the reason why he moved there. Commissioner Jones moved to recommend approval for request of the conditional use permit, seconded by Commissioner Dubuss. The vote was 3-3, so no recommendation for approval to City Council was determined. There being no further business, the meeting was adjourned at 7:31 pm. Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT PLANNING & ZONING COMMISSION _ March 1, 2011 CLERMONT CITY COUNCIL March 22, 2011 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. I110ZN_AIIQkiI 343 North US Highway 27. EXISTING ZONING: C-2 (General Commercial) EXISTING LAND USE: Retail/ Office Building (4 Unit vacant building, approx. 5,000s.f.) FUTURE LAND USE: Commercial SURROUNDING CONDITIONS: ZONING EXISTING LAND USE FUTURE LAND USE DISTRICT NORTH: C-2 Commercial Commercial SOUTH: C-2 Commercial Commercial EAST: C-2 Commercial Commercial WEST: C-2 Commercial Commercial ROAD CLASSIFICATION UTILITY AREA: SITE UTILITIES: SITE VISIT: SIGNS POSTED: Highway 27 - Arterial City of Clermont Water / Sewer City of Clermont Water / Sewer 2-11-11 By applicant. 1 of Living Message Church A. ANALYSIS: The applicant is requesting a conditional use permit to operate a house of worship in the C-2 zoning district. The applicant proposes to occupy approximately 1,500 square feet of vacant building space located across Highway 27 from the Citrus Tower Village Publix. The church intends to have 30 seats for Sunday service, and will hold a Wednesday evening bible study from 6:30 to 8:00. 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. Living Message Church 343 N. US Highway 27 Aerial view: u, - 4P > r,+ � • + AW n !106l - w 0 + Ar 2 of Living Message Church 4 View of 343 North Highway 27 STAFF RECOMMENDATIONS: Staff recommends APPROVAL of the request for a CUP to allow a church facility on this C-2 (General Commercial) zoned parcel. 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 expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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 3 of Living Message Church permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. The structure shall be inspected by the Fire Inspector for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. The structure shall be inspected by the Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. 8. 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. 9. 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. 10. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 11. Should the church use become an infringement upon the other business within the development, the city reserves the right to reopen the CUP for additional review and conditions. 12. Should the church use cease operations for a period greater than 180 days, a new Conditional Use Permit shall be required. Section 2 — Land Use 1. 343 North US Highway 27 may be used as a church facility in addition to any permitted C-2 uses. 11CityhaillsharesTlanning and Zoning\Developments\CUP's\Living Message Church P& Z 3-1-11 CC 3-22-11.doc 4 of Living Message Church LOCI DATE. - CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION PROJECT NAME (if applicable): C h clrc APPLICANT: L I v i v, G N e CONTACT PERSON: ISM FEE: Address:�- City: C rhd•a State: FL Zip: ,? y 7 III Phone: _,3 5 Z" I �- ,'Y `� Fax: E-Mail: t� ��� Liv; as /l�es�a�rC�iw�c: �j 'Ce'l OWNER: A /I v► / i C ke Z � � C Prd e""l i cf EA/ C Address: 6L 26 t City: State: Zip: Phone: �? —5 Z V- 113 q Fax: Address of Subject Property: 39 3 N W t'1 j Cl e. A,,) General Location: I— I;,g 4 WC( A cc ds% �r.��� Ci) /,," Legal Description (include copy of survey): Land Use (City verification required): Zoning (City verification required): 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 necessar /lit U!t 61 �.l«,�:h SU,�u �C Applicant Name (print) f! "V"u A c Kam' Owner Name (print) Applicant Name (atenature) ✓'7 2 Owner Na?ie (k4nature� ******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 CITY OF CLERMONT PLANNING & ZONING COMMISSION March 1, 2011 CLERMONT CITY COUNCIL March 22, 2011 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 EXISTING ZONING: CBD (Central Business District) EXISTING LAND USE: Retail/ Office Building (Approx. 5,700 s.f.) FUTURE LAND USE: Central Business District SURROUNDING CONDITIONS: ZONING NORTH: CBD SOUTH: CBD EAST: CBD WEST: CBD ROAD CLASSIFICATION: UTILITY AREA: SITE UTILITIES: SITE VISIT: SIGNS POSTED: IO3RI>iGEel 1 "I 1111M Commercial Commercial Commercial Residential West Minneola — Local City of Clermont Water / Sewer City of Clermont Water / Sewer 2-11-11 By applicant. 1 of Engage Church & Ministries FUTURE LAND USE DISTRICT Central Business District Central Business District Central Business District Central Business District ANALYSIS: The applicant is requesting a conditional use permit to operate a house of worship in the CBD zoning district. The proposed location is the former library in downtown Clermont with about 5,700 square feet. The church intends to have approximately 80 members and will offer services on Sundays and Wednesdays. Church office hours will be from 9:00 a.m. to 5:00 p.m. The church is intending for this to be a temporary location and will be looking to move to a larger building within two years. The existing parking lot is more than adequate for the proposed size of the church. 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. Engage Church & Ministries 114 .-.� .Abt 7 Tw SITE .1, 2 of Engage Church & Ministries View from W. Minneola Ave. & Eighth St.: !,W'k � so 11 STAFF RECOMMENDATIONS: Staff recommends APPROVAL of the request for a CUP to allow a church facility on this Central Business District (CBD) zoned parcel. 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 expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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 of Engage Church & Ministries 4. The structure shall be inspected by the Fire Inspector for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. The structure shall be inspected by the Building Inspector and all building code violations must be corrected prior to a certificate of occupancy being issued. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. 8. 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. 9. 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. 10. If, at a future date, parking at this site proves inadequate the applicant understands and agrees that the City may require additional parking or rescind this Conditional Use Permit. 11. Should the church use become an infringement upon the other business within the development, the city reserves the right to reopen the CUP for additional review and conditions. 12. Should a new business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church would not contest a variance application to allow said use within 500 feet of the church. 13. Should the church use cease operations for a period greater than 180 days, a new Conditional Use Permit shall be required. Section 2 — Land Use 1. 821 West Minneola St. may be used as a church facility in addition to any permitted CBD uses. \\CilynaMsnares\Planning and Zoning\Developments\CUP's\Living Message Church P& Z 3-1-11 CC 3-22-11.doc 4 of Engage Church & Ministries c DATE: / Z 5-// CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION PROJECT NAME (if applicable): APPLICANT: CONTACT P Addre: FEE: City: C%er?..4toa -t- State: Zip: 317/ j Phone: 257- M 9&3/ _ Fax 3�Z E-Mail: OWNER: J0,4A1 .15. t,.i RROLL / L)AAIIel todL . Se Address: f' 0%3k Z(_( City: 0 t6-A~ 4— State:_ Phone: _3 7Lf- S34 0 Fax: Zip: 3? / z- e.pq Address of Subject Property: ;?A w General Location: occli►"d11/1 C l e/lylm� I /Lf twNN �'- 0 /4 Legal Description (include copy of survey): C/t ego, l 47 200 of /d Fs. 3& FT Og7 31-K 4Z PS k BG /7 QzeB Ft;' 37 g Land Use (City verification required): `d,019C.ec�n l Zoning (City verification required): C � D r 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 6) Applicant Name (print) Owner Name (print) W x Applicant Name ( e) orer Name (siq+utture) ******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 CITY OF CLERMONT ORDINANCE No. 2011-06-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW, PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND PUBLICATION. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1 The official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property as shown: LEGAL DESCRIPTION Begin at a concrete monument at the intersection of the east right-of-way line of Anderson Street and the north right-of-way line of Almond Street, said monument also being the southwest corner of Lot 76, Clermont Heights, as recorded, in Plat Book 4, page 1, of the Public Records of Lake County, Florida; thence north 147.18 feet along the said east right-of-way line of Anderson Street to a set concrete monument; thence departing said east right-of-way line, run S. 77' 08' 27" E.130.00 feet to a set concrete monument; thence N. 16' 07' 39" E. 150.00 feet to a point on the south right-of-way line of State Road No. 50; thence along said right-of-way line in a southeasterly direction along a curve to the right having a delta of 02' 25' 16", a radius of 5,679.65, a distance of 240.00 feet to a point of intersection with the west right-of-way line of Disston Street, said point being 0.84 feet north of a found concrete monument; thence south along said west right-of-way line of Disston Street, 177.85 feet to a found concrete monument and the north right-of-way line of Almond Street, said monument also being the southeast corner of Lot 69, said Clermont Heights; thence N. 89' 36' 20" W. along said north right-of-way line 392.00 feet to the Point of Beginning. Containing 1.71 acres, more or less. FROM C-2 GENERAL COMMERCIAL & R-3 RESIDENTIAL PROFESSIONAL TO C-2 GENERAL COMMERCIAL SECTION 2• All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. 1 CITY OF CLERMONT ORDINANCE No. 2011-06-M SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SF,C'.TION 4: The provisions of this ordinance shall be effective as provided by law. CITY OF CLERMONT ORDINANCE No. 2011-06-M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 22nd day of March, 2011. ATTEST: Tracy Ackroyd, City Clerk 3 CITY OF CLERMONT Harold S. Turville, Jr., Mayor CITY OF CLERMONT Planning & Zoning Memorandum Date: February 23, 2011 From: Rae Chidlow, Planning Department To: City Council Clermont Executive Center Property Rezoning — Ord. 2011-06-M Enclosed is the supporting documentation for the rezoning request for the 1.71-acre Clermont Executive Center property located at 481 E. Highway 50. The request will go before the Planning & Zoning Commission March 1 and the City Council March 8 and March 22. Should you have any questions on this package, please call Jim Hitt, 241-7305. P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219 PHONE: 352/394-4083 • FAX: 352/394-3542 CITY OF CLERMONT CalPLANNING & ZONING COMMISSION March 1, 2011 CITY COUNCIL March 8, 2011 March 22, 2011 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.; and East of Anderson St., West of Disston Ave.) EXISTING LAND USE: Vacant office building (previously Colonial Bank) FUTURE LAND USE: Commercial ANAI YSIS- 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. The Future Land Use is Commercial for the whole thing. Staff had reviewed this as being a house -keeping item considering the parking lot for the use already expands onto the southern area. The subject property is an office building which had previously been occupied by a bank. 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. The site is well served by the transportation network with access to three streets. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request. \\Cityhall\shares\Planning and Zoning\Developments\Rezonings\Clermont Executive Center 2011-6-M P&Z3-1,CC3-8,22-11.doc Clermont Executive Center 481 E. Highway 50 Aerial view: N& DATE: 1 /31 /2011 CITY OF CLERMONT REZONING APPLICATION PROJECT NAME (if applicable): Clermont Executive Center APPLICANT: Robert D. Thompson CONTACT PERSON: Robert D. Thompson Address- 11905. Hwy 50 City: Clermont State: Fla Phone-352-394-5477 Fax: E-Mail: rtl958@earthlink.net OWNER: Robert D. and Susan L. Thompson Address-11905 Egret Bluff CIty:Clermont State: FI Phone:352-394-5477 Fax: Address of Subject Property:481 E. Hwy 50 Clermont Fla. 34711 Legal Description (include copy of survey): See attached Acreage: 1.71 Present Zoning: C-2/R-3 (City verification required) FEE: $350.00 : Zip 34711 Zip: 34711 Land Use: (City verification required) Proposed Zoning: C-2 ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ARE MADE. CITY OF CLERMONT REZONING APPLICATION Page 2 Answers to the following questions are required to complete this application. What are you proposing to do that would require a rezoning? k4t 0 Applicant Name Name (print) Owner Name (print) x Appl7;;; e) x Owner Name (s�.�P-) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH 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 LAApplications\Rezoning App & Instructions.docx CITY OF CLERMONT REZONING APPLICATION Page 2 Answers to the following questions are required to complete this application. What are you proposing to do that would require a rezoning? I would like to have all of the property conform to the regulations of C-2 zoning. I would like to be able to build light retail and or office space. Robert D Thompson Applicant Name (print) Susan L. Thompson Owner Name (print) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH 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 late Prepared for: 01068.003 /10 Bob & Susan Thompson Map of Boundary Survey PAGE 2 OF 2 by: Rhoden Land Surveying, Inc. LB #6980 x 8908 CR-561 NUMBEH DELTA ANGLE I CHORD DIRECTION I RADIUS I ARC LENGTH I CHORD LENGT Clermont, FL 34711 C1 02'25'14" S 68-47-45" E 5679.65- 239.95 239.93 )' 352-394-6255 Note: Property subject to reservation contained J� in deed from TIIF recorded in found nail Scale = 1 "=60' Deed Book 227, PG 123 & disk S "LB 7145" ew State Florida Power easement ROOq� ORB of C I NO so S 6' of Lott 74 Cc/ �°i brick wall ,. `� found found c� -c 0 4 .2' 1/2" iron /, rod & cad ` "LB guy wire 1/2" iron ^ t0 ac pads 6796 utility pole "LB 6796 w/ 5' Z 49.4' o N 9 f34 c, 114.0' utility S 129 24�pillors ,s•s9'.j wall ❑ 12'8'' �ac�� o � k ent asphalt pole N �, 4 E 4—PS '3 -Z M 134,. y o parking Q O `o > (n Q 13 Po/%ty o LP a 58.8, N &C A O C as, f a �:° � o top of bank ® concrete N drior ve- thru asphalt I I L. (n �_ _ __.__ _..__ _ _fo�nd_4"x4"_- _ asphalt aspha — -- a�Ye water retention J -+ arkin _ concrete P 9 - p arkin- _ I area CO CO 7-utility monument _ j — — utility ` pole A —PS _ ^ utilityi 8-ps " ' i pole f N pole d J I I D PS denotes parking space C Q found 1/2" iron _ _ ___ ---- found 4" round VI � I rod & cad concrete R/W denotes right of way LB 6796 guy N 89'36 20 W __ 392 00 monument I LP denotes light pole wire utility pole Almond Street I 50' R/W edge of pavement polity pole f Map of Boundary Survey DESCRIPTION: Begin at a concrete monument at the intersection of the East right-of-way line of Anderson Street and the North right-of-way line of Almond Street, said monument also being the Southwest corner of Lot 76, CLERMONT HEIGHTS, as recorded, in Plat Book 4, page 1, of the Public Records of Lake County, Florida; thence North 147.18 feet along the said East right-of-way line of Anderson Street to a set concrete monument; thence departing said East right-of-way line, run S. 770 08' 27" E. 130.00 feet to a set concrete monument; thence N. 160 07' 39" E. 156.00 feet to a point on the South right -at -way Line of State Road No. 50; thence along said right-of-way line In a Southeasterly direction along a curve to the right having a delta of 020 25' 16", a radius of 5679.65, a distance of 240.00 feet to a point of intersection with the West right -of way line of Disston Street, said point being 0.84 feet North of a found concrete monument; thence South along said West right-of-way line of Disston Street, 177.85 feet to a found concrete monument and the North right-of-way line of Almond Street, said monument also being the Southeast corner of Lot 69, said Clermont Heights; thence N. 890 36' 20" W. along said North right-of-way line 392.00 feet to the Point of Beginning. Notes: —Bearings based on the North line of Almond Street as being N 89'36'20" W, an assumed meridian. —Legal description supplied by client. —Title commitment No. 10103083970 dated 11/11/10, by Chicago Title Insurance Company provided for the subject property. There may be recorded or unrecorded documents whichcould affect this parcel. —No adjacent or underground improvements, other than those shown, located this date. —Subject property contains 1.698 acres, more or less, and is subject to any rights of way or easements of record. City of Clermont I hereby declare that based on my examination of the Flood Insurance Rate Map panel 120133 0545 D dated July 3, 2002, and that to the best of my knowledge, belief and my professional opinion that the subject property lies within flood zone X. PAGE 1 OF 2 n Surveyor's Certification I hereby certify to Bob & Susan Thompson Chicago Title Insurance Company that this Map of Boundary Survey meets the minimum technical standards for surveys as set forth in Chapter 61G17 Florida Administrative Code, pursuant to Section 47 7 Florida Statutes. 11/29/10 J&JREYU P. 0 EN PSM #5322 STATE OF FL O A UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. f/7SD.o� This Document Prepared by: Michael B. Johnson, Esq. MCCATHERN I MOOTY I HYDE I GRTNKE, L.L.P. 3710 Rawlins, Suite 1600 Dallas, Texas 75219 When Recorded, r this Deed And send tax ements to: Robert D. d Susan L. Thompson 11905 Egret Bluff Cl ont, Florida 34711 Parcel ID No. 3022260400-000-0690 Documentary Stamps: $1,750.00 Ililili Ilflliflll Ililf ililiiliti4lill IIlIII4111IIIII Nll Ilfl CFN 2010125362 Bk 03g80 P9s 1413 - 1421; (iP95) DATE= 12/13/2010 01:50:08 PM NEIL KELLY► CLERK, OF COURT LAKE COUNTY RECORDING FEES 78.00 DEED DOC 1r750.00 2� RETURN TO: Fidelity National Title Group 2400 Maitland Center Pkwy, Ste 200 Maitland, FL 32751 /D - 39f/7 (PDa C7- FDIC Asset No. 10103083970 481 E. Highway 50, Clermont, FL SPECIAL WARRANTY DEED This Special Warranty Deed dated as of the � day of December, 2010, by the FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF COLONIAL BANK, National Association, successor by merger to First Federal Savings Bank of Lake County, f/k/a First Federal Savings and Loan Association of Lake County, whose address is 1601 Bryan Street, Energy Plaza, Dallas, Texas 75201 (hereinafter called "Grantor") to ROBERT D. THOMPSON AND SUSAN L. THOMPSON, asjoint tenants with right of survivorship, whose address is: 11905 Egret Bluff, Clermont, Florida 34711 (hereinafter called "Grantee"). Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS, ALIENS, REMISES, RELEASES, CONVEYS and CONFIRMS unto Grantee the following described real property known as 481 E. Highway 50, Clermont, County of Lake, State of Florida (the "Premises"): See Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is made subject and subordinate to all easements, rights -of -way, encumbrances, exceptions, covenants, conditions, restrictions, encroachments, reservations, access limitations and all other matters filed of record as of the date hereof (collectively, the "Permitted Exceptions"), but only to the extent such Permitted Exceptions affect or relate to the Property, and without limitation or expansion of the scope of the special warranty herein contained, and reference herein to the Permitted Exceptions shall not serve to reimpose same. SPECIAL WARRANTY DEED — Page I C:\DOCUME-1\ANFITC—i\LOCALS-1\Temp\PK49E.tmp\Special Warranty Deed.doc Book3980/Page1413 CFN#2010125362 Page 1 of 9 TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and Grantee's successors and assigns, forever; and Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise, but with full substitution and subrogation of Grantee in and to all covenants of warranty by parties other than Grantor heretofore given or made with respect to the rights, titles, and interests herein conveyed or any part thereof. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY, (iii) THE MANNER OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS, AND (iv) ACCESS. GRANTEE HAS MADE ALL INSPECTIONS OF THE PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY GRANTEE. GRANTEE ACKNOWLEDGES THAT GRANTEE IS NOT RELYING ON ANY INFORMATION PROVIDED BY GRANTOR IN DETERMINING THE PROPERTY CONDITION. BY ACCEPTANCE OF THIS DEED, GRANTEE SPECIFICALLY ASSUMES ALL RISK, COSTS AND LIABILITIES OF WHATEVER NATURE ARISING OUT OF THE CONDITION OF THE PROPERTY. Grantee, by its acceptance hereof, does hereby assume and agree to pay any and all ad valorem taxes and special assessments pertaining to the Property for calendar year 2010 and subsequent years, there having been a proper proration of ad valorem taxes for the current calendar year between Grantor and Grantee. Pursuant to 12 U.S.C. §1825(b)(3), the Federal Deposit Insurance Corporation is not liable for any penalties, fines, fees or court costs resulting from the failure of any person to pay any real property tax, personal property tax, probate or recording tax or any recording or filing fees when due. [Remainder of page intentionally left blank.] SPECIAL WARRANTY DEED — Page 2 C:\DOCUME--1\ANIFITC—I\LOCALS—I\Temp\PK49E.tmp\Special Warranty Deed.doc Book3980/Page1414 CFN#2010125362 Page 2 of 9 In Witness Whereof, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Wit ess SignXre ,y� Printed Witness NameARAVIV Z6WA Witn Signature Printed Witness Name: eP FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF COLONIAL BANK, National Association, successor by merger to First Federal Savings Bank of Lake County, f/k/a First Federal Savings and Loan Association of Lake County By: Printed Name: MQK(A 3- i k Title: IAifiovjaW LO Fact STATE OF § COUNTY OF § The for goin instrument w s acknowledg befor me this a;' ay of � 2010, by �(� p L1Q 1 of the FEDERAL DEPOSITIASURANCECORPOR ION in its capacity as ceiver of f2�1Q Aa.X w o is personally known to me or who have produced Q� (' W as identification. [Seal] SUEC'q�f�ii4 NOTARY PUB -STATE My Commission Expires: g 's . .3, _ SPECIAL WARRANTY DEED — Page 3 C:\DOCUME-1\ANFITC—IUACALS--1\Temp\PK49E.tmp\Special Warranty Deed.doc Book3980/Page1415 CFN##2010125362 Page 3 of 9 CONSENTED TO AND APPROVED BY: ROBERT D. THOMPSON AND SUSAN L. THOMPSON By: By: L STATE OF FLORIDA COUNTY OF-LAK-E crane § The foregoing instrument was acknowledged before me this ( day of December, 2010, by Robert D. Thompson who is personally known to me or who have produced 8, Lj-e,S 1l env as identification. [Seal] E STEPHEN L. SKIPPER MY COMMISSION # DD963IS5 EXPIRES June 09,2014 Y-07L3 F10' d K%0Wry3ervke.oan STATE OF FLORIDA NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: COUNTY OF.b,4I 0"(E' § The foregoing instrument was acknowledged before me this 1 � day of December, 2010, by Susan , L. Thompson who is personally known to me or who have produced as identification. [S STEPHEN L. SKIPPER MY COMMISSION # DDMI36 EXPIRES June 09, 2014 Nor M"153 AM NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: SPECIAL WARRANTY DEED - Page 4 CADocuments and Settings\Carol\Local SettingsUemporary Internet Files\Content.IE5U317B93R\Special Warranty Deedll ].doe Book3980/Page1416 CFN#2010125362 Page 4 of 9 EXHIBIT A Legal Description Begin at a concrete monument at the intersection of the East right-of-way line of Anderson Street and the North right-of-way line of Almond Street, said monument also being the Southwest corner of Lot 76, CLERMONT HEIGHTS, as recorded, in Plat Book 4, page 1, of the Public Records of Lake County, Florida; thence North 147.18 feet along the said East right-of-way line of Anderson Street to a set concrete monument; thence departing said East right-of-way line, run S. 77' 08' 27" E. 130.00 feet to a set concrete monument; thence N.16' 07' 39" E. 150.00 feet to a point on the South right -at - way Line of State Road No. 50; thence along said right-of-way line in a Southeasterly direction along a curve to the right having a delta of 02' 25' 16", a radius of 5,679.65, a distance of 240.00 feet to a point of intersection with the West right -of way line of Disston Street, said point being 0.84 feet North of a found concrete monument; thence South along said West right-of-way line of Disston Street,177.85 feet to a found concrete monument and the North right-of-way line of Almond Street, said monument also being the Southeast corner of Lot 69, said Clermont Heights; thence N. 89' 36' 20" W. along said North right-of-way line 392.00 feet to the Point of Beginning. Parcel ID No. 3022260400-000-0690 EXHIBIT A, Legal Description — Solo Page C:\DOCUME—I\ANFITC-1\LOCALS-1\Temp\PK49E.tmp\Special Warranty Deed.doc Book3980/Page1417 CFN#2010125362 Page 5 of 9 1 CITY OF CLERMONT t4K PLANNING & ZONING COMMISSION March 1, 2011 CLERMONT CITY COUNCIL March 22, 2011 PROJECT NAME: RaceTrac OWNER/APPLICANT: RaceTrac Petroleum, Inc. (Phillip Morrissey) REQUESTED ACTION: Request a CUP amendment (Res. No. 732) to expand the site and replace/enlarge the convenience store, and establish a temporary fuel sales Kiosk until completion. LOCATION: EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: 997 E. Highway 50 C-2, General Commercial Commercial (RaceTrac) Commercial SURROUNDING CONDITIONS: ZONING DISTRICT EXISTING LAND USE NORTH: C-2, General Commercial Commercial (7-11) SOUTH: C-2, General Commercial Commercial (Staples) EAST: C-2, General Commercial Commercial (Golden Corral) WEST: C-2, General Commercial Commercial (US 27 off ramp) ROAD CLASSIFICATION: S.R. 50 - Arterial; Grand Highway - Collector UTILITY AREA: City of Clermont Water / Sewer SITE UTILITIES: City of Clermont Water / Sewer SITE VISIT: 2/14/11 SIGNS POSTED: By applicant. FUTURE LAND USE Commercial Commercial Commercial Commercial 1 - RaceTrac CUP ANALYSIS: The applicant is requesting an amendment to a Conditional Use Permit (CUP) to add property to the existing location and replace the gas station convenience store with a larger 4,997 sq. ft. building. The applicant completed the purchase of 0.22 acres to the south to add to this site in order to build a new and larger convenience store. They are also requesting a temporary site location for a gas kiosk while construction occurs. The front portion of the canopy and pump locations are not proposed to change at this time. The canopy leading from the front canopy to the store is to be removed and not replaced with the new convenience store. Over the past year staff has worked with the applicant regarding the Code and they have made the building setbacks conform to the Code. There are several issues that remain that staff feels should be met. There are eight variances that are also being applied for that staff feel could be either eliminated or greatly reduced with the reduction of the drive isle on the south and east from 36 feet to the normal 24 feet. The additional 12 feet could go toward the landscape buffer to the south, east and west. Otherwise the building could be considered too large for the site. In addition to this CUP and the variances, staff recommends that the landscaping on the north along S.R. 50 and east along Grand Highway be planted per code with canopy trees, understory trees and shrubs per the LDC, rather than the Crape Myrtles that are proposed. Aerial view: �I Q/ E cc L O ti 04 Future U.S. 27 & S.R. 50 cloverleaf area A. ... t_ S.R. 50 `3771731 WL I � l P: 0 3869407 2 — RaceTrac CUP STAFF RECOMMENDATION: Staff recommends denial of the request to amend the CUP until such time that the applicant submits a Site Plan that adheres to the Land Development Code rather than with the excessive number and type of variances requested in conjunction with this CUP. If City Council approves the CUP request, staff recommended CUP conditions are presented below: 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 further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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. 7. The Conditional Use Permit must be executed by the Owner/Applicant 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. 8. The Owner/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. 3 - RaceTrac CUP 9. The final Certificate of Occupancy shall not be issued for until each of the stated conditions has 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. 10. 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. 11. Should this use cease operation for more than one year, a new CUP shall be required for the same or similar operations. 12. In the event that landscaping is not maintained in accordance with the Land Development Code the City reserves the right to open the CUP for further review and additional conditions which may include revocation of the Conditional Use Permit. 13. The nonconforming RaceTrac sign/billboard must be removed within six (6) months of approval of this Conditional Use Permit, or brought into conformance with the Land Development Code. Section 2 - Land Use 1. The property is approved for a convenience store and gas station as required by a Conditional Use Permit in the C-2 General Commercial zoning District. All uses must adhere to the requirements of the Land Development Code. 2. A temporary fuel sales kiosk may be installed during the construction of the new convenience store with Site Review Committee approval. The kiosk may be used for a period not to exceed one year from the date of this CUP approval or by the final Certificate of Occupancy for the new convenience store, whichever is less. Section 3 - Landscaping All landscaping shall adhere to the Land Development Code, or in accordance with an approved site plan associated with this CUP. 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\RaceTrac\RaceTrac; CUP P&Z3- 1,CC3-22-1 1.do, 4 - RaceTrac CUP L4K DATE: Jan 27, 2011 CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION PROJECT NAME (if applicable):RaceTrac APPLICANT: RaceTrac Petroleum, Inc CONTACT PERSON:Phillip Morrissey Address:3225 Cumberland Boulevard, Suite 100 City:Atlanta State:GA Phone:(770) 431-7600 Fax:(678) 503-1155 E-M ail: pmorrissey@racetrac.com OWNER:RaceTrac Petroleum, Inc. Address:3225 Cumberland Boulevard, Suite 100 FEE:350.00 Zip:30339 City:Atlanta State:Georgia Zip:30339 Phone:(770) 431-7600 Fax:(678) 503-1155 Address of Subject Property: 997 E HWY 50, CLERMONT, FL 34711 General Location: SW comer of Hwy 50 @ Grand Hwy Legal Description (include copy of survey): See attached exhibit. Land Use (City verification required): Commercial Zoning (City verification required): C-2, General Commercial 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. Redevelopment of a RaceTrac gas station with convenience store. Plans for redevelopment only include demolition of the existing building and construction of the proposed building and associated parking There are no changes proposed to the fuel canopy and fueling area which includes most of the north half of the site. It is appropriate at this location because the site is correctly zoned and the proposed use has been established for over 16-years In addition to the redevelopment of the store we hereby request approval to operate the fueling area while the new building is under construction See the attached plan entitled "Temporary Fuel Sales Exhibit." William Milam Applicant Name (print) William Milam Owner Name (print) plicant Name (P;�e) x Owner Name (sigvatu.re) ******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 EXHIBIT "A" SHEET 1 OF 2 A PART OF LOT 3, OAK HILL COMMONS UNIT 1, AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 62, PAGES 87, 88, AND 89. OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50 AND THE WEST RIGHT-OF-WAY LINE OF GRAND HIGHWAY, THENCE SOUTH 00 43"12"W A DISTANCE OF 209.88 FEET TO THE POINT OF BEGINNING. AT THE POINT OF BEGINNING (AT THE SOUTH WEST CORNER OF SAID LOT 3 AT THE WEST RIGHT-OF-WAY OF GRAND HIGHWAY,• THENCE ALONG THE EAST LINE OF SAID LOT 3 AND WEST OF THE RIGHT-OF-WAY LINE OF GRAND HIGHWAY, SOUTH 00'43'12"W A DISTANCE OF 34.78 TO A POINT, (A 518" IRON ROD WITH CAP IDENTIFIER LB-7652) THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE, N89 20'45"W A DISTANCE OF 197.65 TO A POINT;(TO A 5/8"IRON ROD WITH IDENTIFIERLB-7652) THENCE NORTH 00 4335" E A DISTANCE OF 64.20 TO A 4" BY 4" CONCRETE MONUMENT WITH NO IDENTIFIER, ON THE NORTH LINE OF SAID LOT 3 THENCE ALONG THE NORTH LINE OF SAID LOT 3, SOUTH 80 52'40"E A DISTANCE OF 199.79 TO SAID 5/8" IRON ROD WITH IDENTIFIER LB-6018 AND THE POINT OF BEGINNING. CONTAINING 9,782 SQUARE FEET (0.225 ACRES) MORE OR LESS. EXHIBIT "A" STATE SHEET 2 OF 2 RD: 50 POINT OF COMMENCEMENT 00 [� °° z n0 ON Io Q r �i � 0 POINT OF BEGINNING PLATTED PART N.E. CORNER OF LOT 3 FIR 5/8" LB 6018 580. 4p. 'E FIR 5/8" LB 4417 199 7g, 0..14` E., 0.1.5' N. w ir) to N d- O O N Z .— co M O N89"20'45"W 197.65` 0 50` 100' 150' 200' GRAPHIC SCALE IN FEET DRAWING SCALE: 1" = 50' vA:.m; c•1 Is w r - � Gy�j pN NIL`�p �9 F #y� o <<LI: =• �z _ s] 6 s •� ® Je.ar o tlo t G I +� Ar � �I a y9Q9 I�# I I tom P� p ��� gagia eP� a ,8 sall I � s `� �•ocb �+� e ? re" n ©Im I ! I I I I f I I fe SITE PLAN mi 1� 1� RAC£7RAC SERNCE STATION ~' STREET NAME sir£ CITY STATE SCALE 1° 20 DArE 00/00/08 DRAWN NAME J06 NO.1 D100-5000T THESE PLANS ARE SUBJECT TO FEDERAL COPYRIGHT LAWS: ANY USE OF SAME WITHOUT THE EXPRESSED WRITTEN PERMISSION OF RACETRSUITE PETROLEUM, INC. IS PETROLEUM, PROHIBITED. RACETRAC PETROLEUM, INC. 3225 CUMBERLAND BOULEVARD 100 ATLANTA, GA 30339 (770) 43I-7600 NO. REVISIONS BY DATE --- --------- "a 4, r Ii 0 CLazkvtff "UAMA OFf-OW.-COMM MXK3"?AGKJUA r RACE71?AC 520o W'ERCC STA TOjV ' q. ft. Mc MAL- pOW T OF M4 -� 9 It C;, -9 Q Q -Np—aQ Y9 -pt 5 40 LMG SHIZUE35 116 FS F.'pacello-i.. j25 PM Podocarpus rmcrolphyllus, RI Raphiolopm Ww*&'Aba' ........ 55 . .. .. ..... vs Viburnum susponsum t'llp •Zp zamla puma GRAPHIC SCALE Evergreen blunt Lkiope I pl. cont: lug plats; 18'oc. Pineapple Gus" 30" 30" . C.; f.0 & bushy Podocargaus W bl. X 2' min, sprd.; 30" O.C. very Full Opecon,ans AN Indian Hawthorn 24o.a.; 24" ma.; bushy Sandankwa Viburnum 24' a.*.; 30"oc.; bushy Coontki 24' o.a.; 0A P"-, 3 90L-Cont; 30' O.C. 121-Y 15y" L-.o 'AN .:A_ 3 AR Acor rubmun 'brides Flume' !Kedmapl. 65 gal. 13*4 5'. 6' sprd. 0 3-5.5- ..1 ; 5' C.L.welldeveloped_Rpocknen sex cansina Dahoon Holly 65ga1, 1D'-12'. 5*-6'Sprd wt 3--35- —1.; 4' c.t.; full speckimn single -trunk burn Laqomtroemia x faurlot P-pl. Crapo *Ydba 66 gal. 11'.13'x 5'4'sprd .4 3"33 5--[; 6' (Standard) k f.- 5 QV Ou*mus virginlans IL"Oak GSU&L 13*45 x $'.O,'sprd. wt 3-3.5- cai.; S' . .. ..... . ...... ... dlipup hMn ....... . . ...... S do =-.I W� a -l' p- Pv Pw WPM m d- T— raft E- d 21.4"Off ;= SH12UB PL-AN-nNG N.Ta TREE PLANTING AND STAKING KT3K-- OMSCAPE N(YrE& 1—&Csi- Contactor is Mvcnxible far in and all vcA a ailed for on the lAndecape Plans. The Pleat Ust "unties provided am to be used F6cdy as a gWAr- It is the Landscape Contactors duty to fidd verify all quandties and nodfj my modificatioang to hM Design Gump OADG) at time of bidding An planto m= mcct Find& Nu. 1 Gesde or better as audined nndrt Gnklev and Sftndu& for Nursery Plana, Division of Plant Industry, State of Florida. 713C laidoc" Conmaclix &ban Wricv, xr> coginecring p6m and become tbomooghky fib with soulkw and subsu6gce ulilitks The 1&ndecape Contactor shall coonfinate vilb uthee rades W p=1 co� and ahaE coordinate the with in*vlon wadeto assum SvzU&b&y and pwper bond= of ird�m h-- The Iandecape Cbntrsanr span be wholly responsible Ex agbarty and plu= coodifion of as tmee and d-bs and be kgaRy Bablic for any damage caused by lnwabrBty of say pisr- The IAndscape Conmuctior shad determine tau to be staked or guyed. 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NO CYPRESS hPJLCM III 19N 9 1% D JnO Z.O rOi Uj UJ EL M DV71ZO cr Ui C-4 0 C-4 z 0 M F-7 (!) z z 10 W Li LL C) 0 to cl� 6 C/) z 4� IMMOU1, O N op 0 T -n m n i o T tP z rn rrrr4' 0' P 9 'O W v - y �� Sol 30 I. �� +^"�.ca �prpygruo x4>70`�" IVr i �•Jc� �IN�a� g�yl-15 ON�� � -aw7ADW----------- ---- :: ,• _.:--------------- =------------------------ QOr4t[oY lnuii ww NY M06,11Y.6MY F ybun60 Jl/ Sl11 RU CITY OF CLERMONT PLANNING & ZONING COMMISSION March 1, 2011 CITY COUNCIL March 22, 2011 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 SURROUNDING CONDITIONS NORTH: Res. & vacant R-2, Medium Density Residential SOUTH: Commercial C-2, General Commercial EAST: Commercial & C-2, General Commercial (PUD) wetlands WEST: Office & Res. & R-3-A, Residential/Professional & Commercial C-2, General Commercial ROAD CLASSIFICATION: S.R. 50 — Arterial; S. Grand Highway — Collector UTILITY AREA: City of Clermont Water / Sewer SITE UTILITIES: City of Clermont Water / Sewer SITE VISIT. 2/4/11 SIGNS POSTED: By applicant FUTURE LAND USE High Density Residential Commercial Commercial Residential/Office & Commercial Page 1 — Internet Cafe CUP STAFF ANALYSIS: 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. This operation basically charges for internet time and the customer received sweepstakes points to play promotional games "at no charge." Sweepstake prizes range from $1.00 to $5,000. The business center will also offer fax, copy and printing services. Hours are expected to be 9:00 A.M. to 12:00 A.M. (midnight). They also expect to hire between 5 to 10 people. Aerial view of Clermont Center: Page 2 - Internet Cafe CUP SITE Requirement for a CUP: The retail portion of this business is covered under permitted uses, but the internet cafe with 60 computer internet terminals are not listed as either a permitted use or a conditional use. In accordance with the LDC, in the case of uncertainty for the classification of any use (the internet cafe and sweepstakes portion/use), is required to attain a CUP from the City Council. Parking requirements: The Clermont Regional Shopping Center was developed prior to the current parking code requirements, and at 192,215 sq. ft. provided 947 spaces. Under the current code the plaza would now require 962 spaces (or 15 more) of straight retail. One other CUP amendment for Budget Rental Cars has already been appropriated 15 spaces at the north end of the building, where parking spaces were more readily available. Two restaurants also operate in the plaza which also use more than the normally allotted spaces in the plaza. 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 17 parking spaces. The LDC does not address internet cafe parking uses directly. However, Section 98-14 does allow staff to determine the number of spaces needed for unlisted uses or alternative parking. 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. Therefore 60 parking spaces are required for this use, or 43 extra spaces. (17+43=60). Because the 60 computer terminals described would require additional parking spaces, the applicant is also requesting a variance from the 43 parking spaces. STAFF RECOMMENDATION: This proposed use is located in the front portion of the plaza between Pet Supermarket and Golds Gym. 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). Staff feels this use would be a burden to the existing and potential businesses given the parking limitations in the plaza. Therefore, staff recommends denial of the requested CUP. If City Council grants this CUP request and the associated variance, staff has included conditions in the CUP which are listed in Section 5: Page 3 - Internet Cafe CUP 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 expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. 3. 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. 4. The structure shall be inspected by the Fire Marshal for life safety requirements, all requirements must be met prior to any certificate of occupancy being issued. 5. 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. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. If any of the stated conditions are violated, or City Codes are violated, the owner or applicant understands and agrees that the City Council reserves the right to reopen the CUP for additional review and conditions or revocation. 8. 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. 9. The Applicant shall record in the Public Records of Lake County within 90 da sy 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. 10. 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 Planning & Zoning Department. Page 4 - Internet Cafe CUP Section 2 — Site Conditions, Improvements, Architecture and Landscaping 1. Buffering and screening shall be required from all abutting uses in accordance with adopted City Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee. Trees shall be spaced at no less than fifty (50) feet intervals along the east and north buffer strips on the site. 2. All dumpster and other equipment sites shall be enclosed with masonry structures in accordance with plans approved by the City Site Review Committee. 3. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. 4. Architectural finish and unobstructed roadway design plans for the rear of the commercial center shall be submitted and approved to ensure aesthetic and public safety considerations are not adversely impacted. 5. All signage shall conform to adopted City Codes and Regulations; off site signage is not allowed. 6. The area designated at Retail `B" (10,000 square feet) may be utilized as either retail space or as a learning center/day care facility. If the learning center/day care facility option is utilized the operation of the business may not proceed until all applicable regulations of HRS and other appropriate regulatory agencies have been satisfied. 7. Commercial oriented laundry service uses shall be disallowed on the site. 8. Commercial display of commodities for sale in the shopping center shall be located within a completely enclosed building and conform to City regulations for storage, screening, and location criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved for the City Manager. 9. The permittee agrees to dedicate twenty (20) feet of right-of-way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. 10. The northern most ingress/egress driveway shall be directly aligned with Almond Street. 11. All further landscaping shall adhere to the current Land Development Code. 12. All structures shall be designed and constructed in accordance with the Arehitectural Standards of the City of Clermont. 13. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review Committee. Page 5 — Internet Caf6 CUP Section 3 — Amendment Res. No. 825 Amendment Resolution No. 825 approved July 26, 1994 to allow the operation of a Veterinary Clinic in the C-2 General Commercial Business District, as follows: This application for a Conditional Use Permit to amend Resolution No. 811 to allow the operation of a veterinary clinic located in the C-2 General Commercial Zoning District is granted subject to the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773 and 811, respectively. 2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 3. All animal services and confinement areas shall be located in air conditioned and sound attenuated areas. 4. Means, methods and measures for the sanitation and disposal of all by-products from the medical, surgical and hospitalization functions of the veterinary practice shall conform to requirements specified by the State Department of Environmental Health and other appropriate agencies charged with permitting and operation of a veterinary clinic. 5. Copies of &I required permits necessary for the veterinary operation shall be provided to the City to an occupational license being issued for the proposed use. 6. Kenneling and/or boarding of animals shall be prohibited. 7. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 8. The final Certificate of Occupancy for the veterinary clinic, nor any other business located within the center, shall be issued until each of the stated conditions has been met and & site improvements have been completed including the following: a) Southwest slope adjacent to Quincy's stabilized, sodded and pegged. b) S.R. 50 right-of-way is stabilized and sodded and all FDOT improvements completed and approved. c) Water retention area manhole and pipe installed and approved, and east WRA wall repaired, sodded and pegged. d) The entire slope area located along the rear of the shopping center totally completed and approved including slope stabilized, Sodded and pegged, and required trees and shrubs firmly established. 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. l Page 6 — Internet Cafe CUP Section 4 — Amendment Res. No. 1491 This Conditional Use Permit amendment to Resolution No. 825 allows the operation of an auto rental office/business located in the Clermont Regional Shopping Center with C-2 General Commercial zoning District is granted subject to the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773, 811 and 825, respectively. 2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 3. All rental automotives shall be parked/stored on the northeast perimeter corner of the parking lot, where 17 spaces are shown on the site plan by Design Service Group, dated August 1992. 4. A maximum of 15 spaces are allotted to the rental automotives that may be located at the location described in number 3. above. These 15 parking spaces are associated with a variance allocating these spaces, over and above the required parking spaces per code. 5. There shall be no exterior washing or detailing of any rental automotives occurring on the site. Any such cleaning and/or mechanical maintenance must be done off site at a proper facility. 6. This portion of the permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 7. An Occupational License must be obtained from the City of Clermont for the auto rental office/business, prior opening for business. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke the Conditional Use Permit by Resolution. Section 5 — Amendment Res. No. 2011- This Conditional Use Permit amendment to Resolution No. 1491 allows the operation of an internet cafe with sweepstakes games in conjunction with a business center, in the Clermont Regional Shopping Center with C-2 General Commercial zoning District is granted subject to the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773, 811, 825 and 1491 respectively. Page 7 - Internet Cafe CUP 2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 3. 1042 E. Highway 50 may be used as an internet cafe with sweepstakes in conjunction with a business center, and limited to 60 terminals. 4. Hours of operation: 9:00 AM to 12:00 A.M. (midnight) 5. This portion of the permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 6. Should this use cease operation for more than 180 days, a new CUP shall be required for a same or similar operation. 7. An Occupational License must be obtained from the City of Clermont for the internet cafe with sweepstakes games in conjunction with a business center, prior opening for business. 8. Should the operation of this use become an infringement upon the other business within the plaza, the city reserves the right to reopen the CUP for additional review and conditions or revocation. 9. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke the Conditional Use Permit by Resolution. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22°d DAY OF March 2011. Harold S. Turville, Jr., Mayor ATTEST: Tracy Ackroyd, City Clerk \\Cityhall`shares\Planning and Z.oning�Developments\CUP'S\Clermont Regional Shop Ctr\Internet Cafe CUP P&Z3-1,CC3-22-I I.doc Page 8 - Internet Caf6 CUP c DATE: 01-19-11 CITY OF CL.ERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION FEE: PROJECT NAME (if applicable): Business Center and Internet Cafe with Sweepstakes Promotion APPLICANT: Clermont FL Entertainment LLC. CONTACT PERSON: Curtis Patel Address: 458 Elizabeth Ave #5333, Department Box 333 City.. Somerset State: NJ Phone: 908 377 1003 E-Mail: Curtis@saicapitatgroup.com OWNER: Clermont Center, LTD Fax: 888 838 1110 Address: 18205 Biscaye Blvd., S-2202 City: Aventura State: FL Phone: Fax: Address of Subject Property: 1042 E. Highway 50, Clermont, FL 34711 Zip:08873 Zip:33160 General Location: Empty retail space adjacent to Golds Gym in the K-Mart shopping center Legal Description (include copy of survey): Parcel: 09-22-26-080557800003 Millage: OOOC (Clermont): 17.4142 Land Use (City verification required): Retail 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. The business is retail establishment that offers Internet time at approximately $•05.minute which includes the use of the stores computers. Similar businesses where you have to pay for Internet time and business services, Kinko's is $.25/minute for intemet, most hotels are charging on a per day flat rate to connect to the hotels server with your own laptop and airports that have the Internet kiosks that charge about 515 for 10 minutes of use. With the sale of the intemet time, which is a consumable product, the customer receives sweepstakes points to play promotional games at no charge. The business also offers fax, copy, and printing services. A similar business in Clermont is in a similarly zoned retail space. Our expected hours of operations are from 9:OOA to 12:00A. The sweepstakes prizes range from a value of $1 to $5,000. The estimated initial hiring will be a work force of approximately 5 to 10 persons, hired locally. Applicant Name (print) Owner Name print) Darned ******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