01-04-2011 Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, January 4, 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 December 7, 2010.
REPORTS
Director of Planning, Chairman, Commission Members
NEW BUSINESS
Item No. 1 — Bentley Commons — Request for a small scale future land use
SS Future Land Use Amendment amendment from Lake County Urban to
Residential/Office located south of Hooks
St., east of Citrus Tower Blvd. and west of
Excalibur Rd.
Item No. 2 — Clermont Hillside Terrace — Request for a CUP amendment to remove
Conditional Use Permit a parcel from the current CUP and clarify
language for uses to include retail,
professional and medical offices, personal
,( service, lounge, financial institution and
restaurant uses located at 2400 S. US
Highway 27.
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
December 7, 2010
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday December 7,
2010 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette
Dubuss, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt,
Planning and Zoning Director, Barbara Hollerand, City Planner, Dan Mantzaris, City Attorney,
and Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held November 2, 2010 were
approved as written.
REPORTS
Planning Director Jim Hitt handed out his zoning matrix to the Commission. He stated that the
matrix is a one -page guide to the City's 14 zoning districts, giving information such as minimum
lot size, setbacks and minimum lot width.
1. REQUEST FOR CONDITIONAL USE PERMIT
PROJECT NAME:
Mad Melon
OWNER/APPLICANT:
Irma Nyack
REQUESTED ACTION:
Request for a Conditional Use Permit to allow a restaurant in the
CBD Central Business District
LOCATION:
658 West Ave.
EXISTING ZONING:
CBD, Central Business District
EXISTING LAND USE:
Vacant (previous use was a restaurant)
FUTURE LAND USE:
Downtown MU (mixed use)
Planning Director Jim Hitt stated that the applicant is requesting a conditional use permit to
allow for a restaurant within the CBD zoning district. He stated that the proposed restaurant will
be open from 11:00 A.M. to 9:00 P.M. (lunch and dinner). He stated that the previous use was
the Cozy Cat Caf6 (Res. #1255).
Mr. Hitt stated that staff recommends approval of this Conditional Use Permit request to operate
a restaurant located at 685 West Ave. with the following conditions as listed.
Irma Nyack, 1130 Lake Whitney Dr, Windemere, stated that she would like to make
improvements to this property. She stated that it is located next to Clermont Kidz Care, which is
also her property. She stated the restaurant will serve soups, salads and sandwiches.
Commissioner Proli moved to recommend approval of the request for the conditional use permit;
seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City
Council.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
December 7, 2010
Page 2
2. REQUEST FOR CAPITAL IMPROVEMENTS ELEMENT AMENDMENT
REQUEST: Amend the Goals, Objectives and Policies of the Capital Improvements Element
of the comprehensive plan to update the five-year schedule of capital improvements.
APPLICANT: City/Administrative
City Planner Barbara Hollerand stated that this is a request for an administrative large-scale
comprehensive plan amendment to amend the Goals, Objectives and Policies of the Capital
Improvements Element of the comprehensive plan to update the five-year schedule of capital
improvements.
Ms. Hollerand stated that local governments are required to adopt annual updates to the Capital
Improvements Element, which identifies those capital projects needed to maintain adopted Level
of Service standards. She stated that as part of this annual amendment, the City updates Policy
1.6.2 to identify the current Lake County Schools facilities master plan and its adoption date. She
stated that Appendix B of the element outlines a schedule for construction of necessary
improvements to accommodate new growth. She stated that it includes estimates of the cost of
public improvements, and it demonstrates the City's ability to finance and construct the
improvements.
Ms. Hollerand stated that the City updates the schedule by dropping the previous year and adding
the fifth year out. Many of the projects are ongoing, and extend to the fifth year and beyond. She
stated that Capital Improvement Element updates are treated a little differently by the state. She
stated that the usual two-step process of transmittal hearings and then adoption hearings are
combined into just an adoption hearing. She stated that if approved by the City Council next
month, this amendment will become final after DCA issues its Notice of Intent.
Ms. Hollerand stated that staff recommends approval of the text changes to the Capital
Improvements Element.
Commissioner Dubuss moved to recommend approval of the request for the small scale
comprehensive plan amendment; seconded by Commissioner Jones. The vote was unanimous to
recommend approval to City Council.
There being no further business, the meeting was adjourned at 7:16 pm.
Cuqui Whitehead, Chairwoman
ATTEST:
Rae Chidlow — Administrative Assistant
CITY OF CLERMONT
Planning & Zoning
Memorandum
Date: Dec. 17, 2010
From: Barbara Hollerand, Planning Departme
To: City Council and P&Z Commission
Small -Scale Comp. Plan Amendment Adoption —
Bentley Commons, Ordinance #2011-03 M
Enclosed is the supporting documentation for Ordinance #2011-03-M, adopting the Bentley
Commons property small-scale comprehensive plan amendment. This amendment would change
the Future Land Use Map designation on the subject property from Lake County Urban to
Residential/Office in the City.
The 9.06-acre property is at 13450 Paloma Road, which is south of Hooks Street, east of Citrus
Tower Boulevard and west of Excalibur Road.
Upon Council approval, this amendment and Ordinance #2011-03-M will be sent to the Florida
Department of Community Affairs and the East Central Florida Regional Planning Council. As a
small-scale amendment, it will not be reviewed and will become final 31 days after adoption.
Public hearing dates are Jan. 4 for P&Z and Jan. 11 (1" reading) and Jan. 25 for City Council. A
related request for annexation will be heard Jan. 25.
Should you have any questions on this package, please call Barbara Hollerand, 241-7307.
P.O. BOX 120219 • CLERMONT, FLORIDA 34712-0219
PHONE: 352/394-4083 • FAX: 352/394-3542
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
L4K Jan. 4, 2011
CITY COUNCIL
Jan. 11, 2011
Jan. 25, 2011
REQUEST: Small -Scale Comprehensive Plan Amendment changing future land use
from Lake County Urban to City Residential/Office— Ord. No. 2011-03-M
OWNER: Bentley Commons -Clermont, LLC
APPLICANT: Aspen Senior Living, LLC
PARCEL SIZE: 9.06 acres +/-
LOCATION: 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard,
west of Excalibur Road
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Urban (Lake County 2030 comp plan —Regional Office)
EXISTING ZONING: Lake County Community Facilities District (becomes urban Estate upon annexation)
SURROUNDING CONDITIONS:
EXISTING USE ZONING
NORTH: Vacant Lake County AR
Agricultural Residential
SOUTH: Middle school Lake County CFD
EAST: Vacant City UE Urban Estate
FUTURE LAND USE
Lake County Urban (2030 Plan: Regional
Commercial)
Lake County Urban (2030 Plan: Public Service Facility
and Infrastructure)
City Residential/Office
WEST: Vacant Lake County R-6 Lake County Urban (2030 Plan: Regional Office)
Residential
ROAD CLASSIFICATION: Hooks Street —Collector; Paloma Road —(unimproved) Local Road
UTILITY AREA: City of Clermont —Sewer & Water
SITE UTILITIES: City of Clermont —Sewer & Water
SITE VISIT: 12-10
SIGNS POSTED: By applicant
ANALYSIS: This request is accompanied by a request for annexation. The owner is Bentley
Commons -Clermont, LLC. The applicant is Aspen Senior Living, LLC, represented by
attorney Tyler Van Voorhees of Reed & Archer.
The vacant 9.06-acre property is located at 13450 Paloma Road, which is south of Hooks
Street, east of Citrus Tower Boulevard and west of Excalibur Road. To the east of the subject
property is the 17-acre Bosserman property, which was annexed in February 2010 and
granted the identical future land use change from Lake County Urban to Residential/Office in
the City. To the south of the property is East Ridge Middle School. To its west are two vacant
properties in Lake County with Urban future land use and R-6 Residential zoning. To the
north of the property is a vacant parcel in the county with Agricultural Residential zoning and
Urban future land use.
Although development plans are not finalized at this time, the owner previously has
presented plans for Joint Planning Area review that proposed an assisted living facility on the
property. At this time, however, a request for rezoning has not been made. Upon annexation,
the property will receive the default zoning of Urban Estate.
The City Council in July 2010 approved the identical future land use change for the adjacent
Bosserman property to the east. Upon annexation, it is appropriate to assign this property a
Residential/Office future land use in the City.
STAFF RECOMMENDATION:
Staff recommends approval of the Future Land Use Map change to Residential/Office.
\\Cityhall\shares\Planning and Zoning\Comp Plan Amendments\1151 Bentley Commons SSA\Bentley Commons 2011-03-M P&Z 01-4 CC01-11&25-11.doc
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Future Land Use —Bentley Commons -Clermont SSA
• Present Future Land Use:
Lake County Urban
Proposed Future Land Use:
Residential/Office
CITY OF CLERMONT COMPREHENSIVE PLAN
FUTURE LAND USE
Policy L6.2: Medium -Density Residential. Areas delineated on the FLUM for medium -
density residential development shall accommodate a maximum density of up to eight units per
acre. Permitted housing types include single-family detached homes, including zero -lot -line and
cluster developments, duplexes, townhomes, condominiums and apartments.
Policy 1.6.3: High -Density Residential. Areas delineated on the FLUM for high -density
residential development shall accommodate a maximum density of 12 units per acre; however,
densities higher than eight units per acre shall require a conditional use permit. Permitted
housing types include single-family detached homes, including zero -lot -line and cluster
developments, duplexes, townhomes, condominiums and apartments. Nursing homes, assisted
living facilities and independent living facilities shall be permitted in the high -density residential
land use as a planned unit development (PUD) consistent with land development regulations
and may have a maximum intensity of 3.0 FAR.
Policy 1.6.4: Performance standards for residential uses shall include, but are not limited to,
the following:
• The land development regulations shall include performance standards for high -
density and multi -family residential uses that control the location of proposed
buildings in relation to the overall dimension of the site, provide sufficient on-
site/structured parking where applicable, and provide open space and recreation
amenities.
• The land development regulations shall contain requirements for significant open
space, landscaping and buffers to effectively screen multi -family developments from
low -density residential zoning districts.
• Multi -family residential developments of more than 50 units shall provide
recreational facilities to meet the needs of the population of the development.
• Grid street networks are highly encouraged to serve residential developments and
provide connectivity throughout the City. Cul-de-sacs and gated developments are
discouraged.
• Themes are encouraged for residential developments to include cohesive streetscape
design, signage, landscape architecture and streetscape furniture to create an identity
for the neighborhoods in the City.
Objective 1.7: Mixed -Use Land Use Categories. The mixed -use categories are established to
accommodate a mixture of residential, office and commercial 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.
Policy 1.7.L• 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
Ordinance #621 M
I-4
Adopted June 23, 2009
CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE 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: Planned Development. The master planned development category is intended
to provide for two existing approved developments of regional impact P", 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: Downtown Mixed -Use. The downtown mixed -use category is intended to
provide for a mixture of residential and business uses, as well as cultural and tourist facilities,
recognized as characteristic of the City's established downtown central business district Based
on current land use trends, the City estimates that the mix of uses will be 70 percent office and
commercial uses and 30 percent residential, public facilities/institutional and recreation uses.
The maximum intensity for office, commercial and institutional uses shall be 3.0 FAR. The
FAR shall not be applied to the residential portion of a mixed -use development
Policy 1.7.4: Nursing homes, assisted living facilities and independent living facilities shall be
permitted in all mixed -use land use categories as a PUD consistent with land development
regulations and may have a maximum intensity of 3.0 FAR.
Policy 1.7.5: Performance standards for mixed -use developments shall include, but are not
limited to, the following -
Mixed -use developments are encouraged to incorporate town or village centers that
are sized to serve the needs of residents in the development within a quarter -mile of
the center.
• Unified architectural and streetscape themes are encouraged for all mixed -use
developments.
• A mined -use development may include a mixture of land uses on the same site
and/or in the same building.
• For a mixed -use building, only retail sales and services and restaurants are permitted
on the ground floor.
Ordinance #621-.11 Adopled ]role 23, 2009
I-5
CITY OF CLERMONT
COMPREHENSIVE PLAN AMENDMENT
,_--- Application
DATE: June 24, 2010 FEE: $500.00
Project Name (if applicable):
Applicant: Aspen Senior Living, LLC
Contact Person: Tyler Van Voorhees, Esq. - Reed & Archer LLC
Address: 779 West Montrose Street, P.O. Box 120280
City: Clermont State: FL Zip: 34712-0280
Phone: 352-394-1194 Fax: 352-242-3886
E-Mail: Tyler@reed and archer.com
OWNER: Bentley Commons -Clermont, LLC
Address: 365-B New Albany Road
City: Moorestown State: NJ Zip:08057-1105
Phone: 856-222-1000 Fax7856-222-9855
E-Mail: charles.braddy@stevens-real-estate.com; tastevens1@aol.com
General Location: 13450 Paloma Road - South of Hook Street and East of Paloma Road
Legal Description (include copy of survey): SEE EXHIBIT"A"
Property size (in acres or square feet): 9.06 +/- acres
Flood hazard area (yes) and approx. acreage (no) X
Existing (Actual) Land Use: Vacant Land
Existing Zoning: CFD (Community Facilities District)
Existing Future Land Use:
Proposed Future Land Use: Mixed Use Office/Residential
Type of development proposed:
Proposed density (dwelling units/acre) or intensity:
Proposed Zoning District: Mixed Use Office/Residential
Page 1
Comprehensive Plan Amendment, Application
Summary of the proposed amendment content and effect that describes any changed
conditions that would justify the proposed amendment, and why there is a need for the
proposed amendment (use additional sheets if necessary).
SEE EXHIBIT "B"
The City of Clermont may require additional information to justify, clarify or explain the necessity
of the requested Comprehensive Plan Amendment which may include the following:
➢ Information regarding the compatibility of the proposed land use
amendment(s) with the Goals, Objectives and Policies of the Future Land Use
Element and any other affected comprehensive plan elements.
➢ A description of how the proposed amendment(s) will result in an orderly and
logical development pattern with existing and proposed land use(s) of the
area.
➢ A description of the present availability of, and estimated demand on the
following public facilities: potable water, sanitary sewer, transportation system
and recreation, as appropriate.
****** NOTICE******
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
Page 2
Comprehensive Plan Amendment, Application
APPLICANT'S AFFIDAVIT
STATE OF
COUNTY OF td5WW=TDf4� SS: !vim SSA L.L
Before me, the undersigned authority personally appeared
Garr) N1 P � 4 , who being
by me first duly sworn on oath, deposes and says:
1. That he (she) affirms and certifies that he (she) understands and will comply with
all ordinances, regulations and policies of Lake County, Florida, and that all
statements and diagrams submitted herewith are true and accurate to the best of
his (her) knowledge and belief, and further, that this application and attachments
shall become part of the official records of the City of Clermont, Florida, and are
not returnable.
2. That he (she) desires a Future Land Use Amendment from
Lake Countv Urban to Residential/Office
for the property legally described on the attachment of this application.
3. That the submittal requirements for the application have been completed and
attached hereto as part of the application.
x
66"It' ) //0 OJL--�
ffiant - Applica Name (s ,cre)
SWORN to and SUBSCRIBED before me by
or personally known by me this �>7 �- day of�'i�T��l/3�� , 20Z.
Not Public, S&fie
LINDA LUGKrN
Notary Public, Stew of New York
No.W LU6162202
Qualified in Nassau County My Commission Expires: a .S
Commission Expires 03/05120_�
Comprehensive Plan Amendment, Application
OWNER'S AFFIDAVIT
STATE OF NEW YORK
COUNTY OF NASSAU SS:
Before me, the undersigned authority personally appeared
Glenn Kaplan , who being
by me first duly sworn on oath, deposes and says:
1. That he (she) is the fee -simple owner of the property legally described on the
attachment of this application.
2. That he (she) desires a Future Land Use Amendment from Lake County Urban to
Residential/Office for the property legally described on the attachment of this
application.
3. That the owner of said property has appointed to act
as agent on his (her) behalf to accomplish the above. The owner is required to
complete the APPLICANT'S AFFIDAVIT of this application if no agent is
appointed to act in his (her) stead.
x 1404-
Affiant — Owner' Name (signoXLwe�
SWORN to and SUBSCRIBED before me by
or personally known by me this o��' day of_2� � f� , 20, l�
,�Xo't44ry Public, Si6G_,of New York at Large
UNDA LUCKMAN
Nohry Public, Stab of New York
No:01 LU6162202 '
Cmalified in Nassau couft My Commission Expires:
Commission ExpMw 03/06/;,u
Comprehensive Plan Amendment, Application
EXHIBIT "A"
LEGAL DESCRIPTION
The Northeast '/4 of the Northwest V. of the Southwest '/4 of Section 28, Township 22 South,
Range 26 East, otherwise described as Tract 39, according to the Plat thereof of the LAKE
HIGHLANDS COMPANY, filed on March 2, 1914, and recorded in Plat Book 2, Page 28, of the
Public Records of Lake County, Florida.
Also Less and Except from the above lands, that portion conveyed to Lake County, a political
subdivision of the State of Florida by virtue of that certain Statutory Warranty Deed recorded
February 10, 2003 in Official Records Book 2257, Page 1297, Public Records of Lake County,
Florida, more particularly described as follows:
That portion of the following described parcel:
The Northeast '/. of the Northwest %4 of the Southwest '/4 of Section 28, Township 22 South,
Range 26 East, otherwise described as Tract 39, according to the plat of the LAKE
HIGHLANDS COMPANY, filed on March 2, 1914, and recorded in Plat Book 2, Page 28, of the
Public Records of Lake County, Florida.
Lying within 50 feet each side (100 feet total) of the following described centerline:
Begin at an aluminum plate stamped "Township 22 South, Range 26 East, 30/29, D.O.T., 10-28-
73", slid point being the West 1/4 comer of Section 29, Township 22 Soutb, Range 26 East;
thence South 88 degrees 26 minutes 40 seconds East, along the East-West center of Section line
of said Section 29, a distance of 5248.28 feet, to the point of curvature of a curve concave
Northerly, having.a. radius of 2083.00 feet and a central angle of 1 degrees 44 minutes 27
seconds; thence Easterly, along the arc of said curve, a distance of 63.29 feet, to the point''of
tangency thereof; thence North 89 degrees 48 minutes 53 seconds East, a -distance of 1340-32
feet, to -the point of curvature of a curve concave Northwesterly, having a radius of 1300.00 feet
and a central angle of 37 degrees 55 minutes 13 seconds; thence Northeasterly along the arc of
said- curve, -a distance of $60.38 -feet, -to -a point -of -reverse- curvature -with a curve concave
Southerly, having a radius of 1700.00 feet and a central angle of 67 degrees 44 minutes 14
seconds; thence Easterly, along the arc of said curve, a distance of 2009.80 feet, to the point of
tangency thereof, thence South 60 degrees 22 minutes 06 seconds Bast, a distance of 457.88 feet,
to the point of curvature of a curve concave Northeasterly, having a radius of 1300.00 feet and a
central angle of 29 degrees 42 minutes 17 seconds; thence Southeasterly, along the arc of said
curve, a distance of 673.98 feet, to the Point of Tangency thereof, thence Nordi 89 degrees 55
minutes 37 seconds East, a distance of 173.56 feet to a point on the East line of the Northeast '/4
of Section 28, Township 22 South, Range 26 East, and the Point of Termination of this centerline
description, said Point being North 01 degrees 07 minutes 43 seconds East, a distance of 8.25
feet from the East %4 comer of Section 28, Township 22 South, Range 26 East.
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CONCEPTUAL MASTER PLAN
CLERMONT PROPERTY, LAKE COUNTY, FLORIDA PAPA
NATIONAL COMMONLIFE DEVELOPMENT, LLC
EXHIBIT "B"
Bentley Commons -Clermont, LLC-Owner
This is a request for a Comp Plan Amendment rezoning from CDF (Community Facilities District)
to Mixed Use Office/Residential. This use reflects the orderly growth which is progressing in this
area of South Lake County. As of March, 2010 the subject property is now contiguous to the
Clermont City limits. This occurred when the adjacent Bosserman property, Tract 38, AK
3815507 was annexed into the City of Clermont.
These changed conditions justify the need for the proposed amendment.
Based on the above, the rezoning to Mixed Use Office/Residential will allow for an area within
the community which allows for special or substantial community uses and activities which are
necessary and desirable. The merits of development of the subject property as a Mixed Use
Office/Residential are as follows:
• Property is located within the adopted Joint Planning Area (JPA) for the City of
Clermont.
• The subject property is and was the subject of review and a work -in -progress with Lake
County and the City of Clermont proposed wherein the applicant has proposed an 186
Unit Senior Living Facility. Site plans and Engineering work is currently under review for
approval by the City of Clermont. This review and approval process took place during
2008 through 2010 under an adopted JPA. The Owners of this property thus have an
expectation of utility services to be provided by the City of Clermont. The owners also
have the expectation that as part of the pre -approval and review by both the County
and City jurisdictions, that a structure of up to five stories in height and a total facility
residential unit count of up to 186 units were contemplated by JPA and would be
permitted. A copy of the site plan was provided and reviewed by the City of Clermont on
April 14, 2010. For your convenience, a copy of the site plan is attached hereto.
• Therefore, this application and subsequent approval would permit this use under a
required Planned Unit Development by City Ordinance. This application is compelled by
City of Clermont ordinances which impose requirements for the annexation of subject
property (by fact of adjacency) into the City of Clermont in order to receive utility
services, and the owner, by applying for annexation and Comp Plan change, respectfully
requests a continuation of the approvals underway for a Senior Facility with the
characteristics as described above.
• Water, sewer and other infrastructure and services are, or will be, located within one
mile of the property.
• The property is located along a major thoroughfare with adequate level of service.
• The property will be developed under a site plan with conditions necessary to promote
general welfare and to secure economic and coordinated land use.
1
Due to a large number of senior citizens living in Lake County, especially in the South
Lake area, the approval of a Mixed Use Office/Residential will serve the community and
provide a middle ground between independent living and full nursing home care to
those individuals needing such supportive services. Assisted living facilities follow a
philosophy of personalized care that allows a resident as much autonomy as desired or
needed.
The proposed rezoning will not negatively impact public services and facilities.
The subject property is located within the City of Clermont's Chapter 180 service area. During
preliminary discussions with City Staff regarding development of the subject property, it has
been indicated that the City has sufficient capacities to provide central water and sewer
services to the site. Therefore, provision of central water and sewer to the site is available by
the City of Clermont and service to the subject property will not have a negative impact on the
City's level of service standards and capacities for sanitary sewer and potable water. The
applicant will work with the City of Clermont to enter into a Water and Sewer Utilities
Agreement for the provision of central water and central sewer to the subject property. Solid
waste services would be provided by the entity which contracts with Lake County for the
provision of service to this area. The applicant currently does not envision the need for
specialized services. There is adequate capacity to meet the needs of this site.
Public safety in the form of fire protection, law enforcement and emergency services will be
provided in the same manner and extent provided to similar areas of unincorporated Lake
County.
All local, regional and state requirements will be met at the time that development is
commenced.
With regard to roads, potable water, sanitary sewer, parks and solid waste collection, the Lake
County Comprehensive Plan contains a concurrency management system to evaluate and
review applications for development to ensure that new development is approved in a manner
that complies with concurrency management criteria. The owner will comply with all Lake
County Concurrency Management requirements. The potential development will be subject to
concurrency evaluation and will not be permitted to proceed if level of service standards is
exceeded.
There is no impact on Lake County Schools given the nature of the project. There is no private
residential component to this project.
The rezoning of the site will act as infill to the residential and commercial development already
in place and will result in the orderly and logical development pattern for this immediate area.
The continued urbanization of the immediate surrounding area justifies the proposed rezoning
and the need for same.
2
CITY OF CLERMONT
PLANNING & ZONING COMMISSION
January 4, 2011
..� CLERMONT CITY COUNCIL
January 25, 2011
PROJECT NAME: Clermont Hillside Terrace
OWNER: Clermont Hillside Terrace, LLC (Arlene Malik)
APPLICANT: Charles C. Hiott, P.E., BESH Engineering
REQUESTED ACTION: Request a CUP amendment (Res. No. 1472) to remove a
parcel from the CUP and clarify language for uses to include
retail, professional & medical offices, personal service,
lounge, financial institution and restaurant uses.
LOCATION: 2400 S. U.S. Highway 27
EXISTING ZONING: PUD (C-2)
EXISTING LAND USE: Clermont Hillside Terrace
FUTURE LAND USE: Commercial
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: 12/17/10
SIGNS POSTED: By applicant.
1 of Clermont Hillside Terrace - CUP
ANALYSIS: The applicant is requesting a Conditional Use Permit (CUP) to remove w
Parcel "C" from the CUP. Parcel "B" is going back to the bank. With this proposed
property change, the residential uses originally proposed but never built for Parcel "C"
will be removed from the CUP. Any further development of Parcel "C" will require
normal reviews in accordance with the Code of Ordinances.
On parcel B, the existing four buildings A, B, C and D have been completed, and
buildings E, F, G and H have not been permitted (or built) yet.
As part of the development for the site, a total of 1,407 tree inches were deficient from
the overall site which included Parcel B - buildings A, B, C and D, and Parcel C. 1,407
inches equals a minimum of 469 trees at the Code required three inch (3") caliper. The
costs for the deficient inches/trees were to be paid into the City's tree fund.
To date 600 inches (200 trees) have been paid for (based on replacement tree costs as
agreed on with the City). Prior to the permitting of any of the remaining proposed
buildings E, F, G or H, or any further development on the site, the remaining tree inches
must be paid for in full. Tree costs for the remaining 807 inches (269 trees) and
payment timeline is recommended to be negotiated with the City Manager's office.
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.
Aerial view:
#: I .
2 of Clermont Hillside Terrace - CUP
H
IK
STAFF RECOMMENDATION:
Staff recommends approval of the request to amend the CUP removing Parcel C from
the CUP along with tree inch payment requirements and remaining CUP requirements
as applicable. The amended 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 of Clermont Hillside Terrace - CUP
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 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 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 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.
9. The final Certificate of Occupancy shall not be issued for each phase 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 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 revocation of the Conditional Use Permit.
13. 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.
14. All backflows must be brought up to code when each individual unit is built out.
4 of Clermont Hillside Terrace - CUP
15. 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.
16. 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.
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 and restaurant uses. All uses must adhere to the requirements
of the Land Development Code.
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).
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) may be negotiated with
the City Manager's office.
2. All further landscaping shall adhere to the current Land Development Code.
Section 3 - 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&Z1-4,CC1-
25-11.doc
5 of Clermont Hillside Terrace - CUP
CITY OF CLERMOA T
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:
;KIIa11Y11DRII&I�
Section 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.
6 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.
S. 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 pernvttee. "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.
1. Entertainment — All entertainment shall be conducted internaily.
7 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 Gradinz/Oneration Plans
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. The 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.
5. The property shall be graded in accordance with the grading plan Prepared by
Fanner 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.
3
8 of Clermont Hillside Terrace - CUP
C1TY OF CLERMONT
RESOLUTION
NO. 1472
Page — 4 —
3. The pertnittee shall contribute a pro reta share of the cost of the future signal at
U.S. 27 and Sieves 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 6 — Landscaaint & Siamas!e
l . 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 Desim 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.
9 of Clermont Hillside Terrace - CUP
CITY OF CLERMOAT
RESOLUTION
NO.1472
Page — 5 —
seeder S - Varianceb)
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 requited 20 & 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.
DONT�, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 9`h DAY OF MAY 2006.
A T:
Tracy Ackroyd, City CleiV
Harold Turville, Mayor
5
10 of Clermont Hillside Terrace - CUP
t
CITY OF CLERMONT
4 "
CONDITIONAL USE PERMIT (CUP)
,.,,�= APPLICATION
DATE: NOV S 0 2010 FEE:
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 Terrace, LLC
Address: 28828 Beauclaire Drive
City: Tavares
Phone: 352-787-8051
State: FL
Fax:
Address of Subject Property: 2400 U.S. Hwy. 27, Clermont, FL 34711
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
Zip:32778
Zip:32778
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 original CUP included Parcel B and Parcel C. Parcel B consists of Clermont Hillside Terrace which
has four (4) existing buildings. This parcel is going back to the bank so we are requesting to remove
Parcel C from the original CUP. This will allow for a clean transaction between Clermont Hillside
Terrace and Me bank.
Charles C. Hiott, P.E.
Applicant Name (print)
Arlene Malik
Owner Name (print)
x
Applicant N
X KZ��
Owner Name (kEgvLatu*'e)
******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
SI-1 S'IMMFP,
MM PD WIN CUP
USE OOSAOAL
FRONT ANEET: SO
SOL 12'
[FAR 25'
SINE AREA' "am SOFT. (mm AC)
SItOW HEIGHT: <35'
BU LOW TOPE I=
9EOPD USE IDED USE DEMIAIFIR
AREA USAGES AND CALCULATIONS
1. EXISTING BUILDING A: ONE STONY PROPOSED RESTAURANT
2. EXISTING BUILDING C: ONE STORY PROPOSED RETAIWOFFICE SPICES;
O. EXISTING BUILDING B: THREE STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPICES;
SECONO LEVEL, PROPOSED RETAIL/OFFICE SPACES;
- TNIRD LEVEL, PROPOSED RETAIL/OFFICE SPICES:
4. EXISTING BUILDING D: THREE STORY ST FIRLEVEL, PROPOSED RETAIL/OFFICE SPACES;
- SECOND LEVEL, PROPOSED RETAIL/OFFICE SPICES;
THIRD LEVEL. PROPOSED RETAIL/OFFICE SPACES;
5. FUTURE BUILDING E: TING STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; 0.6W W. FT.
6ECOND LEVEL,
PROPOSEG RESIDENTIAL: S.600 W. FT.
TOTAL AREA 7,200 W. FT.
(SEE NOTES 1)
6. FUTURE BUILDING F: TING STORY . FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACE; 3,600 SO. FT.
- SECOND LEVEL, PROPOSED RESIDENTIAL: D.WO W. FT.
- TOTAL AREA 7.200 SO. FT.
(SEE NOTES 1)
7. FUTURE BUILDING G: TING STORY FIRST LEVEL, PROPOSED RETAIL/OFFICE SPACES; 3,6W W. FT.
SECOND LEVEL. PPOPoSW RESIDENTIAL: S.WO SO R.
TOTAL ANEA 7,200 W. FT.
(SEE NOTES 1)
8. FUTURE BUILDING N: TBO STORY � FIRST LEVEL, PROPOSED RETAIL/OFFICE SPICES; 3,fi00 W. FT.
SECOND LEVEL PROPOSED RESIDENTIAL: SIX, W. FT.
- TOTAL MU 7,2W W. FT.
(SEE ROTES 1)
NOTE 1: SAME FOOTAGE ME FOR LEASABLE SPACE, NOT INCLUDING COIBON AREAS OR EGRESS
COMPONENTS.
scale: 1 60'
00 0 Bo 120
SCAM SI Par
DATA:
PARCELPf10.Q-ACRES -
MIYFF) HSIF PLAZA
1ST LEWL.
35.aT2 SO. FT. TOTAL RETAL a AWAULWT
- ASSSFD 26= SO FT. RETAIL
2WW 2DO - 133 PAIgIF SPACES REVb
ASSSFD SM SO FT. RESTAINMR
602 REX USE AREA - [SOD SO FT.
3AO0/ SD - 75 PMOORG SPACES RFOD
20 EWtOVEFS - N PAWOIG SPICES NEOD
TOTAL REOD PMW1G FOR RESTAURANT- 92 SPARS
TOTAL NEOD PAIM FOR 1ST UNEL- 215 SPACES
2ID LEWL
MARC SO FT RETAL OR MICE
12,N0/ 20D - 64 PM11O G SPARS WOD
30 IFTQ.
12 MARIIOM (2 W)
12 X 2 - 24 PARKING SPACES AM
31D LEWL
13M R IT. RETAL OR O II E
IIS52 / 2DO - IS PROBING SPACES ROD
TOTAL PARKING FM : 225 + 64 + 24 ♦ ! - 311 SPACES
TOTAL PARIM NIOSWFO - 3E7 SPAOS
TOTAL RESTMPUIO, "M AND RETAL SPACE - "4 SCL IT.
TOTAL APARIIF1(T SPACE - 14.400 X FT. 4/-
\ \ ` OAD TOTAL USa! AREA (NOT NOIOM OMION AREAS) - 73,524 SD FT.
/
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