Loading...
10-05-2010 Supporting DocumentsCITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, October 5, 2010 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES d Approval of the Planning and Zoning Commission Meeting held August 3, 2010. V/ 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 "r , Residential/Office located south of Hooks t., east of Citrus Tower Blvd. and west of Lzv\ �xcalibur Rd. WA Item No. 2 — Hassan — Request for a small scale future land use SS Future Land Use Amendment amendment from Lake County Urban to �J Commercial located at 13145 Paloma Rd. s ItemLegge — `3`'` Request for a small scale future land use SS Future Land Use Amendment amendment from Lake County Urban to O fF&Sunercial located at 13211 Paloma Rd. Item No. 4 - Woodwinds oods — CUP Request for Conditional Use Permit for a '041 Planned Unit Development for a proposed 108 1bkuso unit condominium development. Item No. 5 - Lost Lake Reserve - CUP Request for an amendment to a Conditional Use Permit to correct the stated acreage of Parcel C-1 from 20.77 acres to 14.73 acres J located at the southwest corner of Citrus �A &? OXOTower Boulevard and Steve's Road. CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, October 5, 2010 City Hall — 685 W. Montrose Street, Clermont, FL Item No. 6 — Thrill Tech — CUP Request for a Conditional Use Permit to allow a multi -media sound recording and mixing studio with offices in an R-3-A Residential/Professional District located at l 180 Highland Avenue. Item No. 7 — TD Weaponry — CUP Request for a Conditional Use Permit to allow a gun range within the C-2 General Commercial District located west of Highway 27, south of Twistee Treat and north of Desoto St. 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 August 3, 2010 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday August 3, 2010 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Bernadette Dubuss, Nick Jones, and Judy Proli. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, City Planner, Jack Morgeson Jr., City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held July 6, 2010 were approved as written. REPORTS There were no reports. 1. REQUEST FOR LAND DEVELOPMENT CODE AMENDMENT APPLICANT: City of Clermont REQUESTED ACTION: Request for land development code amendment Planning Director Jim Hitt stated that Ordinance Number 2010-09-C includes Land Development Code amendments for two new zoning districts: UT, Urban Transition District; and CD, Commerce District. Mr. Hitt stated that both of these new zoning districts will be utilized in the southern portion of the JPA area which includes the CONSERV II property (Orange County & City of Orlando) and a few others. Mr. Hitt stated that in preparation for the annexation of these properties, the new Urban Transition District will function to preserve the existing uses as a permitted use. Mr. Hitt stated that these properties and any subsequent properties that are annexed, if developed, will be required to rezone to the stricter regulations of the new Commerce District. He stated that these requirements are designed to preserve the aquifer recharge area by requiring a large amount of open space and conservation area (60%) in addition to any lakes or wetlands. He stated that the remaining buildable area is restricted to a maximum impervious surface area (building, parking lot, drive, sidewalk, etc.) of 40 %. Mr. Hitt stated that this Commerce District will have to be a master planned development, which would also include a comprehensive plan amendment to Mixed Use Commerce for a Future Land Use. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 2 Mr. Hitt stated that the following LDC sections will be amended to include the new language: Chapter 122 ZONING Sec. 122-63 Districts enumerated This portion of the amendments adds the two new districts — UT, Urban Transition and CD, Commerce District Sec. 122-64 Clarification of annexed land This portion of the amendment specifies that the UT district be assigned to newly annexed land south of Hartwood Marsh Road, east of U.S. 27 and west of the Lake County/Orange County line. Any other lands annexed outside this area would still be assigned UE, Urban Estate District. DIVISION 2. UT, URBAN TRANSITION DISTRICT Sec. 122-71. Intent Explains the intended district to be used for public and semi-public uses, education uses, agriculture uses and single family uses (S-acre tracts). The idea is that the existing uses in this area can remain until a master planned development is applied for. Sec.122-72. Permitted uses. The permitted uses further expand on the intent that this is a "transition" district to be used until a master planned development is applied for. At that time, the future land use and zoning would have to be amended. Sec. 122-73. Conditional uses. The conditional uses section covers churches, major utility facilities, and any unforeseen uses. Sec. 122-74. Lot and height requirements. This section covers the normal requirements for this transition district if no further land use or zoning changes are requested. Sec. 122-75. Yards. This section covers the normal requirements for this transition district if no further land use or zoning changes are requested. ** DIVISION numbers are adjusted up to make room for the new UT and CD district designations. DIVISION 14. CD, COMMERCE DISTRICT Sec. 122-71. Intent A City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 3 Explains the intended district to be used for commerce and workforce oriented development. This could include low impact/high tech manufacturing; light industrial; professional and corporate offices; major health care facilities businesses that provide services or goods to a regional, national or global market; educational, research and technical institutions and schools; City or County infrastructure and support systems or services including spray fields, rapid infiltrations basin systems (RIBs). Pre-existing uses may remain until a master planned development is approved. In addition, transportation systems must be part of the development. A comprehensive plan amendment to Mixed - Used Commerce would also be required. Sec. 122-72. Permitted uses. The permitted uses are limited to City buildings, structure or uses, or other governmental uses primarily specified as RIBS. All other development is to be conditioned. Sec. 122-73. Conditional uses. The conditional uses section covers a large variety of uses designed to accommodate the intent of this district. Sec. 122-74. Lot and height requirements. This section covers the requirements for this district. In addition, because this area is considered one the highest aquifer recharge areas in Lake County, preservation requirements have been incorporated. These include the following: ➢ No development in wetlands or floodplain area (other than right-of-way or utilities with Site Review Committee approval). ➢ Development is based on gross land area, not net (subtract out wetlands and floodplain.) ➢ Minimum 60% of land to be preserved as open space and conservation land. (Passive recreation may be permitted with Site Review Committee approval). ➢ Maximum 40% impermeable surface (building, walkways and parking lots). Sec.122-75. Yards. This section covers the normal requirements for this district. Mr. Hitt stated that changes to the Division numbers was completed to adjust for the two new zoning districts. He stated that there are a total of 15 zoning districts. Commissioner Proli asked if the property is annexed, where the infrastructure, police and fire would come from. Mr. Hitt stated that there is a fire station on Hartwood Marsh Road that would respond to that area and the police use that as a substation at times. He stated the city does not foresee a high City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 4 demand for police and fire because it is all vacant property at this time. He stated the City is working with the County and property owners for road maintenance and response. Commissioner Jones asked regarding the reduction of impervious to 40%. Mr. Hitt stated that for commercial it is 80% impervious now, and they are looking at reducing that quite a bit. Commissioner Dubuss asked what the total acreage is. Mr. Hitt stated that it is approximately 6,400 acres. Commissioner Jones moved to recommend approval for the amendment to the Land Development Code; seconded by Commissioner Dubuss. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Magic Moments - V.F.W. OWNER: V.F.W. Post 5227, Barbara Tanney APPLICANT: Sam L. Allison REQUESTED ACTION: Request for a CUP to allow an after school and daycare facility in the CBD Central Business District. LOCATION: 855 W. Desoto Street EXISTING ZONING: EXISTING LAND USE: FUTURE LAND USE: CBD, Central Business District School / VFW CBD, Central Business District Planning Director Jim Hitt stated that the applicant is requesting a conditional use permit to allow for a day care facility within the CBD zoning district. He stated that after school and daycare facilities are designated as requiring a conditional use permit within the CBD zoning district. Mr. Hitt stated that the applicant is proposing to utilize 2,000 square feet (upper floor) available at the V.F.W. building on Desoto St. He stated that the applicant has been using this building for a children's daycare program, known as the Magic Moments Schooler Program, since 2001. He stated that the schooler program is for kids ages 5 to 10 that are bussed by Magic Moments from area schools back to the Magic Moments VFW building for after school hour activities. t • City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 5 Mr. Hitt stated that in August 2001 the applicant was granted a conditional use permit for the same use, but at that time, the use was thought to be temporary, so the applicant agreed to a three year time limit for the CUP. He stated that since then, the applicant has continued the use for their business and had forgotten about the temporary CUP condition of three years. Mr. Hitt stated that the applicant is now asking for a CUP for the same location, running the same daycare business with the same hours since 2001. Mr. Hitt stated that the daycare program has been at its student capacity (48 kids) for many years, so there will be no increase in activity at this location. He stated that the hours for the schooler program that operate out of the V.F.W. building are 3:00 p.m. to 6:00 p.m. Monday through Friday during the school year, and 9:00 a.m. to 6:00 p.m. Monday through Friday during the summer. Mr. Hitt stated that staff believes this area is right for this type of development, and recommends approval of the request for a CUP to allow a school/daycare facility on this CBD, Central Business District zoned parcel. Sam Allison, 12945 Pineapple Place, stated that he would answer any questions the Board members had. Commissioner Jones asked if the VFW members still operate at this location. Mr. Allison stated the members do meet upstairs in the building at this time. Commissioner Jones moved to recommend approval for request of the conditional use permit; seconded by Commissioner Proli. The vote was unanimous to recommend for approval to City Council. 3. REQUEST FOR CONDITIONAL USE PERMIT REVOCATION APPLICANT: City of Clermont REQUESTED ACTION: Request for revocation of Conditional Use Permit for Ford of Clermont City Attorney Jack Morgeson Jr. stated that Lake County has requested a continuation of this item to the September 7, 2010 meeting. Commissioner Proli moved to table the revocation to the September 7, 2010 meeting; seconded by Commissioner Jones. The vote was unanimous to table the revocation. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 6 4. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: Small -Scale Comp Plan Amendment changing the future land use from Lake County Urban to City Commercial PROJECT NAME: Geer and Basdeo Property OWNER Purshatom Geer and Suseema Basdeo APPLICANT: Chris Roper, Akerman Senterfitt, P.A. PARCEL SIZE: 1.44 acres +/- LOCATION: Northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County R-6 Urban Residential (becomes Urban Estate upon annexation) City planner Barbara Hollerand stated that this item is a request for a small-scale comprehensive plan amendment for the Geer/Basdeo property. She stated that the vacant 1.44-acre property is on the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road. Ms. Hollerand stated that the owners are Purshatom Geer and Suseema Basdeo. She stated that the applicant is Chris Roper with Akerman Senterfitt, P.A. She stated that the property will be considered for annexation by the City Council August 24. Ms. Hollerand stated that the request is for a small-scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Commercial in the City. She stated that the property currently has R-6 Urban Residential zoning in Lake County. Ms. Hollerand stated that the Deper property to the east was annexed in May and granted the same future land use change from Lake County Urban to Commercial in the City. She stated that residential properties are to the north and south. She stated that to the west is a stormwater retention pond adjacent to Tuscany Ridge residential. Ms. Hollerand stated that to the north are three approximately one -acre tracts with homes, each with R6 Urban Residential zoning in the county and Urban future land use. Ms. Hollerand stated that a traffic signal is planned for the Citrus Tower Boulevard/Excalibur Road intersection and is expected to be functioning later this year. Ms. Hollerand stated that development plans are not finalized at this time, and a request for rezoning has not been made. She stated that upon annexation, the property will receive the default zoning of Urban Estate. City of Clermont MINUTES PLANNING AND ZONING COMMISSION August 3, 2010 Page 7 Ms. Hollerand stated that the City Council in May approved the identical future land use change for the five -acre property to the east. She stated that this parcel, though smaller at about one and a half acres, is the corner property. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Chris Roper, 420 S. Orange Ave., Orlando, stated that the applicant is trying to avoid what the County is doing with its new comprehensive plan. He stated that the property is currently classified as urban. He stated that the County adopted a new plan that would designate it as regional office. He stated that this would allow 10-story office buildings. He stated that with a commercial designation, it would allow office, but it would also allow restaurant or a veterinarian. Tahir Hassan, 13145 Paloma Rd., stated that she is the neighbor to the north of this property. She stated that if this does get approved, she will be the next one willing to annex and change to commercial. Commissioner Jones moved to recommend approval for request of the small scale comprehensive plan amendment; seconded by Commissioner Dubuss. The vote was unanimous to recommend approval to City Council. There being no further business, the meeting was adjourned at 7:43 pm. Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT Planning & Zoning Memorandum Date: Sept. 27, 2010 From: Barbara Hollerand, Planning Departure To: City Council and P&Z Commission Small -Scale Comprehensive Plan Amendment Adoption — Bentley Commons, Ordinance #2010-19 M Enclosed is the supporting documentation for Ordinance #2010-19-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. Originally scheduled for hearings in September, the request was postponed due to a lack of quorum at the Sept. 7 Planning & Zoning Commission meeting. 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 #2010-19-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 Oct. 5 for P&Z and Oct. 12 (V reading) and Oct. 26 for City Council. A related request for annexation will be heard Oct. 26. 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 a CITY OF CLERMONT PLANNING & ZONING COMMISSION Oct. 5, 2010 CITY COUNCIL Oct. 12, 2010 Oct. 26, 2010 REQUEST: Small -Scale Comprehensive Plan Amendment changing future land use from Lake County Urban to City Residential/Office— Ord. No. 2010-19-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: 8-10 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 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 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. f o l? ti M--1 f, 3 x , 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 CHAPTER FUTURE LAND USE ELEMENT Adopted June 23, 2009 CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE Maximum 1 Future Land Use Cateries go(per gross acre) Conservation Not Developable Parks N/A Public Facilities/Institutional 0.25 FAR Residential Low -Density 3 units per acre Medium -Density 8 units per acre High -Density 12 units per acre Office 1.0 FAR Mixed -Use Residential/Office 12 units per acre/0.25 FAR Master Planned Development 12 units per acre/0.25 FAR Downtown Muted -Use 12 units per acre/3-0 FAR Commercial 12 units per acre/0.25 FAR Industrial 1.0 FAR Objective 1.3: Conservation Land Use Category. The conservation category is established for the long-term protection and preservation of publicly or privately owned lands that contain valuable and threatened natural resources, such as wetlands, floodplains and unique ecological communities. Policy 1.3.1: Only passive open space and passive recreational activities shall be allowed in the conservation category, limited to resource -enhancing facilities such as multi -purpose trails, bike paths and natural land restoration projects. Interactive areas/facilities maybe allowed as long as they are provided and managed consistent with goals, objectives and policies of this element as well as the goals, objectives, policies, standards and criteria set forth in the Conservation Element Policy L3.2: Lands designated as conservation on the FLUM may be counted toward meeting the adopted level of service standards for recreation and open space for the City. Policy 1.3.3: If it is impractical to designate the area containing conservation resources as conservation land use due to size, location or other factors, the City shall have the option of obtaining a conservation easement from the property owners to protect the area. Areas covered by a conservation easement shall be treated the same as areas designated as conservation land use on the FLLM. Policy 1.3.4: No development is permitted within the conservation category, except where state and/or federal agencies having jurisdiction already allow development rights. The applicant shall bear the burden of proof in determining that development shall not adversely impact conservation resources. Site alteration, where allowed, shall be limited to 10 percent of the entire site. Ordinance #621-M Adopted June 23, 2009 I-2 Y CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE Policy 1.6.2: 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. Cut -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 1.7.1: Residential/Office. The residential/office category is intended to provide for a mixture of predominantly residential uses, while allowing for professional offices that are consistent with the general character of the adjacent residential uses. Based on current land use Ordinance #621-M Adopted June 23, 2009 I-4 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 L7.2: Planned Development. The master planned development category is intended to provide for two existing approved developments of regional impact (DRI), King's Ridge DRI and Lost Lake Reserve DRI, the Black West proposed mixed -use development subject to a utility and annexation agreement approved by the City and new master planned, mixed -use projects that shall be applied only upon City Council approval of a development agreement that specifies the allowable types and distribution of land uses and the maximum number/densityof 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 L7.3: 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 mixed -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-M Adopted June 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 Fax: 856-222-9855 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 R _3 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 OWNER'S APP&MAMM AFFIDAVIT STATE OF FLGR49A���'C COUNTY OF A-KE-" SS: Before me, the undersigned authority personally appeared who being by me first duly sworn on oath, deposes and says: That he (she) affirms and certifies that he (she) understands and will comply with all ordinances, regulations and policies of Lake County, Florida, and that all statements and diagrams submitted herewith are true and accurate to the best of his (her) knowledge and belief, and further, that this application and attachments shall become part of the official records of the City of Clermont, Florida, and are not returnable. 2. That he (she) desires a Future Land Use Amendment from Lake County R-6 and CFD to 2-3 R -; (3Pnt-; �1 ,/PRnfocLqona1 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. BENTLEY COMIMONS-CLERMONT, LLC x All ffiant - Applicant N me (s4nature) Managing Member SWORN to and SUBSCRIBED before me byG-Gw�1J or personally known by me this day of �_Jr�z-y , 20�G? UNDA LUCKMAN Notary Public, Stab of Now York No.01 LU6162202 C),+alified in Nassau County ��� iSSiUJ mires 03/05/26 41 'NokAry Publics edftrida a't I My Commission Expires: S r Page 3 Comprehensive Plan Amendment, Application APPLICANT'S AFFIDAVIT STATE OF K664( Al New Jersey COUNTY OF/bAW SS. Burlington Before me, the undersigned authority personally appeared Warren W. Stevens , who being by me first duly sworn on oath, deposes and says: That he (she) affirms and certifies that he (she) understands and will comply with all ordinances, regulations and policies of Lake County, Florida, and that all statements and diagrams submitted herewith are true and accurate to the best of his (her) knowledge and belief, and further, that this application and attachments shall become part of the official records of the City of Clermont, Florida, and are not returnable. 2. That he (she) desires a Future Land Use Amendment from Lake County R-6 and CFD toR-3 Residential/Professioiffl 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. ASPEN. SENIOR LIV , LLC x ian - Applic Name (siq+ attwe) Warren W. tevens Assistaa�laging Member SWORN to and SUBSCRIBED before me by or personally known by me this I S Y `timothy A. Stevens A<Notary Public of New Jers zy I My Cots+lgrtabusa�iPires..r....� Page 3 Comprehensive Plan Amendment, Application EXHIBIT "A" LEGAL DESCRIPTION The Northeast '/a of the Northwest V. of the Southwest %, 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 '/. 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", said point being the West 1/4 comer of Section 29, Township 22 South, 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- 860.38 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 East, 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 North 89 degrees 55 minutes 37 seconds East, a distance of 173.56 feet to a point on the East line of the Northeast ''A 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 ''/, comer of Section 28, Township 22 South, Range 26 East. 0217001\12056711076609N s awatn[ •Aa yTE SfMOYAw` Lr ownsTE TMLx M01M RN 2A1YT =—� ..� aim "" "°AD AI IT I HOOK STREET `,� ;` A4MA.T ROM C YLLMAL ~�''rTD „�,,, —100' RIGHT—OF—WAY 2rp,�✓'� AT Tt1N AVWIT MGM sLT Nd Mm Y QR °CT,TN/D 7T7� N89'48'50"6: 643.78' f Fo- - pi TRACT 39 O Oc Q n £ f O 0 r• s S N O. S89-49'40"W TM OF , ROD & 20.M TRACT 43 TRACT 42 SURVEYOR'S MOTES 1. VW KAFf " saw MOS01 AS SASID 01 THE WJTM LNE OF 1MCT A LA¢ 1WAAM C MY, SCL " mwsw 22 S IK RAMM W PAST OF MME CWM n k My AM A=A f OF SW-I'*Q-'I. 1 CEVAROMS AME 8A w LAQ caNTY SpIpY OM-17" N M koxf- w V.S w OVZCRT SPUN a m m N siC aq TOY19A* n TLM/ RHMc r EAR, ww AM LSEVA OF IM*O', §A oM wW M E w LNOiMOR m N.Mo aMxrE mw Wm LACAM S%Q)f AS sw l TMC sAMTCR INS MOT AosftAcn MC LAID svm maR rm FAlyDIT; MPIT-O'-YAY OI RRileCTOKf Of ISCOp MOI wY M1[R 1MC ARE CR YS 0 lAMO. e MCT VAA 1RMOrt THE 9b nW AND aawAt MA6m MAL of A ft t � /MOR29 9MKlp1 ! YAPPOI 4 UWAL OWVROM AS MMOMSO N CL V . aiRKYDR•. s TMACT i L 011 O YK [ALT MJAD wort 6 . L V RACOAAOIROM tE5 TM[ SOIM MOO Of MAY A MOq( S111QT. LANE NLYgS COfMAMY 611ldMSROy scnl>. 2l lower n SOITK RAM4L 7• (,vi, IAME 0}MIY; ROMO1 AOOOpW m -MT MT R411ELV Af RCC010m N MT BOOM $ �AOS 2A IUSYC IGCQAS V IAME CWMR. 1tDAIDA OwR m is A O SST/ SOlAME MY). YORE M LEM QJOSY TM KY. NMYCf1E; LLC dC MUY Lana �'� ...... r Zxrco oCL < ?0 333yu Op 30< M n- M r ~ R NOWT *rjrewr 4) SITE DA TA GROSS ACREAGE 9.0 ACRES RX)SYNG ZOAUNQ R-0 PROPOSED ZOXWQ CFO PROPOSED VMS MWEPENDENT UVWQ FACUTY Mm 149 ASSISTED uvAva FAcxrrr 30 ALZNJOAAW FAcaffr 24 TOTAL LMT9 209 PARKANO PRO JrM9D 210 I 1� L' 4' LOCATION MAP mi'llww Alm, - ----------- `7 tv 2.35 CONCEPTUAL MASTER PLAN CLERMONT PROPERTY, LAKE COUNTY, FLORIDA PIRA 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 Memorandum Date: Sept. 27, 2010 From: Barbara Hollerand, Planning Departmegzt To: City Council and P&Z Commission Small -Scale Comprehensive Plan Amendment Adoption — Hassan Property, Ordinance #2010-21-M Enclosed is the supporting documentation for Ordinance #2010-21-M, adopting the Hassan 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 Commercial in the City. The 1.43-acre property is at 13145 Paloma Road, near the northeast comer of Citrus Tower Boulevard and Steves Road/Excalibur Road. Upon Council approval, this amendment and Ordinance #2010-21-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 Oct. 5 for P&Z and Oct. 12 (1" reading) and Oct. 26 for City Council. A related request for annexation will be heard Oct. 26. Should you have any questions on this package, please call Barbara Hollerand, 241-7307. P.O. BOX 120219 - CLERMONT, FLORIDA 3471 2-0219 PHONE: 352/394-4083 - FAX: 352/394-3542 CITY OF CLERMONT PLANNING & ZONING COMMISSION Oct. 5, 2010 CITY COUNCIL Oct. 12, 2010 Oct. 26, 2010 REQUEST: Small -Scale Comprehensive Plan Amendment changing future land use from Lake County Urban to City Commercial— Ord. No. 2010-21-M OWNER / APPLICANT: Tahir Hassan PARCEL SIZE: 1.43 acres +/- LOCATION: 13145 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road EXISTING LAND USE: Single-family home EXISTING FUTURE LAND USE: Lake County Urban (Lake County 2030 proposed comp plan —Regional Office) EXISTING ZCNING: Lake County R-6 Urban Residential (becomes Urban Estate upon annexation) SURROUNDING CONDITIONS: EXISTING USE ZONING NORTH: Residential Lake County R-6 SOUTH: Vacant EAST: Vacant City Urban Estate UE Urban Estate WEST: Residential and City PUD Vacant FUTURE LAND USE Lake County Urban City Commercial Commercial Master Planned Development ROAD CLASSIFICATION: Citrus Tower Boulevard —Collector; Paloma Road —(unimproved) Local road UTILITY AREA: City of Clermont —Sewer & Water SITE UTILITIES: City of Clermont —Sewer & Water SITE VISIT: 9-10 SIGNS POSTED: By applicant ANALYSIS: This request is accompanied by a request for annexation. The owner and applicant is Tahir Hassan. The 1.43-acre property includes a 2,022-square-foot home built in 1992. The property is located at 13145 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road. This general area has been the subject of several recent and pending requests for annexation and future land use changes during the past several months. The Geer and Basdeo property to the south was annexed in August and granted the same future land use change from Lake County Urban to Commercial in the City. The Deper property to the east was annexed in May and also granted Commercial future land use in the City. The Legge property to the north is the subject of a pending annexation request and request for Commercial future land use in the City. The subject property and the Legge property to the north are currently zoned R-6 Urban Residential. To the west is a stormwater retention pond adjacent to Tuscany Ridge, part of the Lost Lake Reserve Planned Unit Development. A traffic signal is planned for the Citrus Tower Boulevard/Excalibur Road intersection. Redevelopment plans for the property have not been made, and there is no request for rezoning at this time. Upon annexation, the property will receive the default zoning of Urban Estate. The City Council in May and August approved identical future land use changes for the properties to the east and south. STAFF RECOMMENDATION: Staff recommends approval of the Future Land Use Map change. Tahir Hassan 13145 Paloma Rd. Alternate Key #: 1648301 Aerial: \\Cityhall\shares\Planning and Zoning0evelopmentsWaps & Pictures\Hassan aerial.doc Future Land Use —Hassan SSA Present Future Land Use: Lake County Urban Proposed Future Land Use: Commercial CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER I FUTURE LAND USE ELEMENT Adopted June 23, 2009 CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE Objective 1.8: Office Land Use Category. The office category is established to provide for office uses in areas that transition to residential neighborhoods. Uses allowed in addition to offices are 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 1.8.1: Residential uses are not allowed in the office category. Policy 1.8.2: 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. Objective 1.9: Commercial Land Use Category. The commercial category is established to assure availability of sufficient office and commercial sites to serve the needs of the existing and projected population. In addition to office and commercial uses, residential uses are allowed, preferably as mixed -use, high -density developments, as well as 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 1.9.1: The commercial land use category shall accommodate activities such as general retail sales and services, professional and business offices, personal services and limited residential use. Based on current land use trends, the City estimates that the mix of uses will be 90 percent office and commercial uses and 10 percent residential, public facilities/institutional and recreation uses. ommercial development shall be limited to 0.25 Policy 1.9.2: The maximum intensity of c FAR Residential development shall be limited to 12 units per acre; however, densities higher than eight units per acre shall require a conditional use permit. Policy 1.9.3: Hotels and hospitals shall be allowed as a conditional use within the commercial land use category and shall be limited to a maximum intensity of 3.0 FAR. Policy 1.9.4: Nursing homes, assisted living facilities and independent living facilities shall be permitted in the commercial land use category as a PUD consistent with land development regulations and may have a maximum intensity of 3.0 FAR Objective 1.10: Industrial Land Use Category. The industrial category is established to provide sufficient land for existing and anticipated future industrial needs and requisite support services. Policy 1.10.1: Residential uses are not allowed in the industrial category. Policy 1.10.2: Uses allowed in the industrial category include manufacturing, assembling and ,distribution activities; warehousing and storage activities; general commercial activities; and other similar land uses which shall be regulated through appropriate land development regulations. Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum Ordiraix # 621-M A dopted Jum 23, 2009 I-6 Cv CITY OF CLERMONT aL COMPREHENSIVE PLAN AMENDMENT Application DATE: Aug 9, 2010 FEE:$500 Project Name (if applicable).N/A Applicant:Tahir Hassan Contact Person:Same Address-13145 Paloma Road City: Clermont State: FL Zip: 34711 Phond:352-394-3165 Fax- E-Mail'thassan@centurylink.net OWNER:Tahir Hassan Addres5:13145 Paloma Road City: Clermont State: FL Zip:34711 Phone :352-394-3165 Fax: E-Mail:thassan@centurylink.net General Location: Second lot (approx 1.43 acres) directly north of the first lot (approx 1.44 acres) located on the Northeast corner of Citrus Tower Blvd and Steves Road. Legal Description (include copy of survey): The North 1/2 of the South 387 feet of the West 1/2 Tract 56, in Section 28, Township 22 South, Range 26 East, in Lake County, Florida, according to the Plat of Property of Lake Highlands Company, recorded in Plat Book 2, Page 28, public Records of Lake CountyFlorida Property size (in acres or square feet): 1.43 acres Flood hazard area (yes) and approx. acreage (no) X Existing (Actual) Land Use: Single Family Residence Existing Zoning:R-6 Existing Future Land Use: Lake County Regional Offiee U.4bah-- Proposed Future Land Use: City of Clermont Commercial Type of development proposed: Commercial Proposed density (dwelling units/acre) or intensity: up to 0.25 FAR Proposed Zoning Dlstrict:Zoning has not been applied for at this time 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 nrnnneed amendment t se nr f itinnnI chants if nereccanA The subject property is the 1.43 acre lot located to the north of the corner lot of Citrus Tower Blvd and Steves Road, just south of SR 50. It is located within the City of Clermont JPA and has been designated Regional Office on the Lake County Comprehensive Plan, which is scheduled to become effective by the end of 2010. The property is adjacent to an approximately 5-acre parcel recently annexed into the City and given a Commercial FLU. The City of C!ermont may require additional information to justify, clarify or explain the necessity of the requested Comprehensive Plan Amendment which may include the following: ➢ Information regarding the compatibility of the proposed land use amendment(s) with the Goals, Objectives and Policies of the Future Land Use Element and any other affected comprehensive plan elements. ➢ A description of how the proposed amendment(s) will result in an orderly and logical development pattern with existing and proposed land use(s) of the area. ➢ A description of the present availability of, and estimated demand on the following public facilities: potable water, sanitary sewer, transportation system and recreation, as appropriate. ****** NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED UNTIL CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 Page 2 Comprehensive Plan Amendment, Application APPLICANT'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared Tahir Hassan who being by me first duly sworn on oath, deposes and says: That he (she) affirms and certifies that he (she) understands and will comply with all ordinances, regulations and policies of Lake County, Florida, and that all statements and diagrams submitted herewith are true and accurate to the best of his (her) knowledge and belief, and further, that this application and attachments shall become part of the official records of the City of Clermont, Florida, and are nn4 rofi jrnnklo I IVL 1GLUI I IQLJIG. 2. That he (she) desires a Future Land Use Amendment from Lake County Regional Office to City of Clermont Commercial 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. n I, ame (^� SWORN to and SUBSCRIBED before me by -7�4A %,z AIA s s 'a "' or personally known by me this 1111111111JI/ .M JACh' �. �Pij•�P�Y �O oc i •�'• OF 0 .** 'fit 1i111111%%%N day of , 20 /0 Notary Public, State of at Large Do4/o 5/97 6/Q Aom a My Commission Expires: vs' aoir Page 3 Comprehensive Plan Amendment, Application OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared Tahir Hassan who being by me first duly sworn on oath, deposes and says: 1. That he (she) is the fee -simple owner of the property legally described on the attachment of this application. 2. That he (she) desires a Future Land Use Amendment from Lake County Regional Office to City of Clermont Commercial the orovertv legally described on the attachment of this application. for self 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. 0 Af#4afftOwner Name (signature,) SWORN to and SUBSCRIBED before me by 7a_A:�e Xf.#.ssa .-, or personally known by me this day of , 2010 . Notary Public, State o at Large My Commission Expires: S Page 4 Comprehensive Plan Amendment, Application 50B MPKEE AKE COUNTY TAX COLLECTOR REAL ESTATE 2009 NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS 0922261200-056-00003 1 130102 1648301 0003 13145 PALOMA RD _ 7 - 16000 LAKE HIGHLANDS 28-22-26 N 193.5 FT OF S 387 FT OF W 1/2 OFTRACT HASSAN TAHIR 56 PS 2 PG 280RB 2708 PG 2069 13145 PALOMA RD CLERMONT FL 3471l-9600 11111111 n 1) a 1111111 a 111111111 lift 11111111111111111111111111 'AY IN U.S. FUNDS TO BOB McKEE, LAKE COUNTY TAX COLLECTOR • PO BOX 327 • TAVARES, FL. 32778 • (352) 343-9622 Ar1I/AI 1"10CIIATAYFC LAKE COUNTY GENERAL 207,016 50,000 157,016 4.6511 730.30 AMBULANCE MSTU 207,016 50,000 157,016 .4651 73.03 STORMWATER ROADS PARKS 207,016 50,000 157,016 .4984 78.26 ENVIRON LAND PURCHASE 207,016 50,000 157,016 .1101 17.29 FIRE MSTU 207,016 50,000 157,016 .3222 50.59 LAKE CO SCHOOL BOARD CURRENT 207,016 25,000 182,016 6.0320 1,097.92 CAPITAL OUTLAY 207,016 25,000 182,016 1.5000 273.02 ST JOHNS WATER MGMT 207,016 50,000 157,016 .4158 65.29 LAKE CO WATER AUTH 2O7,016 50,000 157,016 .2130 33.44 S LAKE CNTY HOSP 207,016 50,000 157,016 .8666 136.07 TOTAL 15.0743 $2,555.21 AUTHORITY• NON -AD VALOREM ASSESSMENTS FIRE/RESCUE RESID 175.00 175.00 For information regarding the Fire Rescue Assessment call 352-343-9458 SOLID WASTE SERVICES 184.00 184.00 For information regarding the Solid Waste Services call 352-343-3776 TOTAL $359.00 D rn n r- z m aiaCn mho C) z 080 m OMM m !� M m H y_ Cn 0 COMBINED TAXES AND ASSESSMENTS $2 , 914 21 See reverse side for important information. If Paid By Nov 30, 2009 Dec 31, 2009 Jan 31, 2010 Feb 28, 2010 Mar 31, 2010 IF PAID BY Please Pay 1 2,797.64 2,826.78 1 2,855.93 2,885.07 2,914.21 30B WKEE AKE COUNTY TAX COLLECTOR REAL ESTATE 2009 NnTICF nF An VAI nRFM TAXFR ANn NnN-An vat nRFM ASRFSSMFNTS If Paid By Nov 30, 2009 Dec 31, 2009 Jan 31, 2010 Feb 28, 2010 Mar 31, 2010 Please Pay 2,797.64 2,826.78 2,855.93 2,885.07 2,914.21 PAY IN U.S. FUNDS TO BOB McKEE, LAKE COUNTY TAX COLLECTOR • PO BOX 327 • TAVARES, FL. 32778 • (352) 343-9622 HASSAN TAHIR 13145 PALOMA RD r.l FAMrWT FI 'IA711 13145 PALOMA RD LAKE HIGHLANDS 28-22-26 N 193.5 FT OF S 387 FT OF W 1/2 OFTRACT 0922261200-056-00003 1 130102 T111C. 1^ w •'••■ 1 1%0% .1/AT ­1 1648301 0003 1111111111111111111111hill 1111111111111111111111111111] 10 ®RE pared by and return to: TRUDY E EUBANKS W. Scott Wynn, Esquire Attorney at Law 304 E. Broad St. P.O. Box 447 Groveland, FL 34736 352-429-2185 File Number. 04-251R Will Call No.: Above This Line For Recording Warranty Deed CFN 2004159745 81t 02708 Pas 2069 - 2070; (2p9s) DATE: 12/02/2004 02:44:41 PM JAMES C. DATKINSr CLERK OF COURT LAKE COUNTY RECORDING FEES 19.50 DEED DOC 1r455.30 This Warranty Deed made this 30th day of November, 2004 between SIMEON J. WISEMAN and JAMIE R. WISEMAN, husband and wife whose post office address is , grantor, and TAHIR HASSAN, a married man whose post office address is 13145 PALOMA RD., Clermont, FL 34711, grantee: (Whenever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida to -wit: The North 1/2 of the South 387 feet of the West 1/2 of Tract 56, in Section 28, Township 22 South, Range 26 East, in Lake County, Florida, according to the Plat of Property of Lake Highlands Company, recorded in Plat Book 2, Page 28, Public Records of Lake County, Florida. Parcel Identification Number: 09-22-26-1200-056-00003 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is n• wfWly seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; L.. the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. sealed and delivered in our presence: Witnesd SIMEON J. WISEMAN (Seal) 10�,41I DR. 4 weed -A. Ft-. 341715 Witness Name: C Witness Name: Witness Name: 14151121.'� 11i,R s. 1 _�. l+�l u DoubleTime, Book2708/Page2069 CFN#2004159745 Page 1 of 2 The foregoing instrument was acknowledged before me this' day of by SIMEON J. WISEMAN and JAMIE R. WISEMAN, who are personalty mown or have r�.roduced " en ification. � �G� L Printed Name: My Commission Expires: ;-�o�✓' T%DYE EUBANKS COM:dSSIpN a Dm tense ��Gf nor ExPlRCS March la,:007 I':,T�-Ivpf,;5:' FL tb•;:10.wurt fssoc Co Warranty Deed - Page 2 The quality of this image is equivalent to the quality of the ongtnnl document. DoubleTime, Book2708/Page2070 CFN#2004159745 Page 2 of 2 Property Details : Lake County Property Appraiser Page 1 of 2 Property Details General Information I Land Data Residential Buildln s Misc. Improvements Sales History Value Map of Property Tax TRIM Notice __- _ -1 �� General Information Alternate Key: 1648301 Parcel: 09-22-26-120005600003 Owner Name: HASSAN TAHIR Millage: 0003 (Unincorporated) : 15.0743 Owner Address: 13145 PALOMA RD Property Location: 13145 PALOMA RD CLERMONT, FL 34711 CLERMONT FL 34711 LAKE HIGHLANDS 28-22-26 N 193.5 FT OF S 387 FT OF W 1/2 OF Legal Description: TRACT 56 PB 2 PG 281 ORB 2708 PG 20691 Land Data Line Land Use Frontage Depth Notes No. Units Type Class Value Just Value 1 DRY SFR LOT (0100) 194 323 194 FF $0.00 $70 956.00 Residential Building(s) Building 001 Summary Section(s) Year Built 1992 Sectic No. Section Type ; F'ccr �xt. Wall Type Stories Area Finished Attic BasementGround B«Sem. �t Map Finished Color Floor 2022 Area: 1 FINISHED LIVING Stucco/Brick 2 625 N 0% 0% AREA (FLA) 003) Bathrooms (2 0 Fix): 2 OPEN PORCH (OPF) No all Type 1 49 N 0% 0% Bathrooms (3 1 3 FINISHED LIVING Stucco/Brick Fix): AREA (FLA) (003) 1 462 N 0% 0% Bathrooms (4 1 4 Fix): FINISHED LIVING Wood (001) 1 140 N 0% 0% AREA (FLA) Bathrooms (Ex 1 5 SCREEN PORCH No Wall Type 1 140 N 0% 0% Fix): (SPF) (000) Bedrooms: 3 6 FINISHED LIVING Wood (001) 1 795 N 0% 0% AREA (FLA) Built -In Kitchens: 0 Fireplaces: 1 7 OPEN PORCH (OPF) No Wall Type (000) 1 24 N ° 0% ° 0% print drawing ® view fwtwreen Miscellaneous Improvements No. Type No. Units Unit Type Year Depreciated Value 0001 DECKING - WOOD (DEC) 420 SF 1992 $973.00 htti)://www.lakeconronannr.com/DrODertv-details.aSDx?AltKev=1648301 8/5/2010 Property Details : Lake County Property Appraiser Page 2 of 2 0002 SWIMMING POOL (POL) 392 SF 2008 $12,456.00 0003 POOL DECKING (PLD) 472 SF .......... __....__...._.._............. . 2008 $2,412.00 0004 POOL HEATER (PLH) 392 SF 2008 $2,117.00 005 DECKING - WOOD (DEC) 384 SF ....... _ .. 2008 $1,636.00 Sales History U.R. Book i Page Sale Date Instrument QIu Vac./imp. Sale Price 0730 / 0289 5/1/1981 WD Q V $8,800.00 1064 / 1712 6/1/1990 WD Q V $13,500.00 1-167/1 0 9/1/1996 WD Q _ $133,000.00 1467,11802 9/1/1996 WD Q 1 $133,000.00 1683 / 0023 1/27/1999 WD U 1 $26,800.00 1683 / 0026 1/27/1999 WD U 1 $26,800.00 1683 / 0029 1/27/1999 WD U 1 $26,800.00 1683 / 0032 1/27/1999 WD U 1 $26,800.00 1683,'0035 1/27/1999 WD U 1 $26,800.00 27Q6.1 L069 11/30/2004 WD Q 1 $207,900.00 Value Tax Calculation Prior To January 1, 2008 Amendment 1 Additional Homestead Exemption's (The amount shown may not include all exemptions.) (Assumes qualifying residential property. No additional exemptions included.) Total Just Value: $251, 018.00 Total Just Value: _ _ _ , _ _.. _ _ Save Our Homes Benefit: - $38, 413.00 Save Our Homes Benefit: - $38, 413.00 Other Exemptions: - $25, 000.00 Other Exemptions: - $0.00 Total Taxable Value: _ $187, 605.00 Total Homestead: - $50, 000.00 Millage Rate: x 0.0150743 Total Taxable Value: _ $162, 605.00 -. Estimated Ad -Valorem Tax: _ $2, 028.03 Millage Rate: U xnw..w.._ 0. 0150743 Base Ad -Valorem Tax: = $2, 451.14 Non -Exempt School Levies: + $188.30 Estimated Ad -Valorem Tax: _ $2, 639.44 What could my ad -valorem taxes be like over time? How can the assessment of my homestead property increase even when there has been a reduction in my fair market value? ' The just values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. The estimated tax totals do not reflect Non -Ad Valorem assessments. (Fire Fees, Solid Waste, etc.) Please consult the Tax Collector for actual taxation amounts. Truth In Millage (TRIM) Notice • Notice of Proposed Property Taxes & Proposed or Adopted Non -Ad Valorem Assessments • TRIM Notice Informational Supplement (195 KB) Copyright 0 2008 Lake County Property Appraiser. All rights reserved. [ privacy policy. terms of use I httn://www.],qkeronron.qnnro.nm/nrc)nf-.rtv-(ii-.tqil-, acny9AltKPv-1 F,Iszq 1 Q1<11n1 n N89'21'10"E N89'21'10"E NORTHWEST CORNER 329.051 329.055' OF TRACT 56 I NORTHEAST CORNER FOUND �4 REBAR #2142 I1Z OF TRACT 56 (NOT INCLUDED) U l$ ►� 5.89`25`21"W 313.76' U F --SET /5 x ' - F >) REBAR f6528 15 PLATTED ROADWAS PER LAKE HIGHLANDS iv-�o/F RAt�2 �% 345 #11 it 0 05 1 � 1 HIGH WOOD FENCE X X�X well 6 � � N it G 0 � f 0 0 �P A -FOUND 94 1 REBAR #2142 i I (NOT INCLUDED) s I Sp I N IC, C - a I ri I N89 25'20"E N6925120"E — — 328.3!F — — 328.35' T _ QQ SOUTHWEST CORNER OF TRACT 58 SOUTHEAST CORNER OF TRACT 56 GRAPHIC SCALE 60 0 30 60 120 240 ( IN FEET > 1 inch = 60 tl DLSCRIPTION: THE NORTH 1/2 OF THE SOUTH 387 FEET OF THE WEST 1/2 OF TRACT 56, IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, ACCORDING TO THE PLAT OF PROPERTY OF LAKE HIGHLAND COMPANY, RECORDED IN PLAT BOOK 2. PAGE 28. PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. NOTES: 1. THE BEARINGS HEREON ARE BASED ON THE ASSUMED BEARING OF S.00-13'58"E., ALONG THE EAST LINE OF THIS PROPERTY. 2. THIS PROPERTY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 3. THIS SURVEY IS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, SETBACKS OR RESTRICTIONS, 4. THIS PROPERTY LIES WITHIN FLOOD ZONE "X' AN AREA DETERMINED TO BE OUTSIDE THE 500-YEAR FLOOOPLAIN, ACCORDING TO F.E.M.A. FLOOD INSURANCE RATE MAP. 5- UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS, IF ANY, NOT LOCATED OR SHOWN. 6. ABOVEGROUND ENCROACHMENTS, IF ANY, AS SHOWN OR NOTED. 7.---X--- X--- - WOOD FENCE UNLESS OTHERWISE NOTED. 8. 0 - SET N5 REBAR LB 86528. EMIWCK K A' UXY. P.L_5 fLORKN SURrfYOR'S C£RRMATE NO. 4 TJ NOT VAuD M'RNOU1 DIE ORIGINAL l6VS£D .TELL AND SlGNAnjR£ OF A nOMW UCENSEA SURVEYOR h KIPPER R1E S jR DmcnrD HERE IS NO1 OVFaEQ RY PRODS rry lll r A CITIFIED TO� TAHIR HASSAN SUNTRUST MORTGAGE. INC., ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR. W. SCOTT WYNN, ATTORNEY ATTORNEYS' TITLE INSURANCE FUND, INC. Inc. l P. / 652v 121 f Boauman Street Sunnyside Plaza P.O. Box 1,Z1022 Clermont, Florida 34712 (352) 394-4I17 Fax (352) 394-7058 BOUNDARY SURVEY FOR: TAHIR HASSAN TP-FILE SECTION 28-22-26 LAKE COUNTY, FLORIDA PAGE NO. 1 I DRAWING NO. HASSAN56ZIP7 CITY OF CLERMONT Planning & Zoning Memorandum Date: Sept. 27, 2010 From: Barbara Hollerand, Planning Department'{ To: City Council and P&Z Commission L�%%'' Small -Scale Comprehensive Plan Amendment Adoption — Legge Property, Ordinance #2010-23-M Enclosed is the supporting documentation for Ordinance #2010-23-M, adopting the Legge 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 Commercial in the City. The 0.93-acre property is at 13211 Paloma Road, near the northeaNt corner of Citrus Tower Boulevard and Steves Road/Excalibur Road. Upon Council approval, this amendment and Ordinance #2010-23-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 Oct. 5 for P&Z and Oct. 12 (1" reading) and Oct. 26 for City Council. A related request for annexation will be heard Oct. 26. 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 0 CITY OF CLERMONT PLANNING & ZONING COMMISSION Oct. 5, 2010 CITY COUNCIL Oct. 12, 2010 Oct. 26, 2010 REQUEST: Small -Scale Comprehensive Plan Amendment changing future land use from Lake County Urban to City Commercial— Ord. No. 2010-23-M OWNER / APPLICANT: Judith Foss Legge PARCEL SIZE: 0.93 acres +/- LOCATION: 13211 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road EXISTING LAND USE: Single-family home EXISTING FUTURE LAND USE: Lake County Urban (Lake County 2030 proposed comp plan —Regional Office) EXISTING ZONING: Lake County R-6 Urban Residential (becomes urban Estate upon annexation) SURROUNDING CONDITIONS: EXISTING USE ZONING NORTH: Residential Lake County R-6 SOUTH: Residential Lake County R-6 EAST: Vacant UE Urban Estate WEST: Residential and City PUD Vacant FUTURE LAND USE Lake County Urban Lake County Urban Commercial Master Planned Development ROAD CLASSIFICATION: Citrus Tower Boulevard —Collector; Paloma Road —(unimproved) Local road UTILITY AREA: City of Clermont —Sewer & Water SITE UTILITIES: City of Clermont —Sewer & Water SITE VISIT: 9-10 SIGNS POSTED: By applicant ANALYSIS: This request is accompanied by a request for annexation. The owner and applicant is Judith Foss Legge. The 0.93-acre property includes a 1,980-square-foot home built in 1991. The property is located at 13211 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road. 1 This general area has been the subject of several recent and pending requests for annexation and future land use changes during the past several months. The Geer and Basdeo property on the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road was annexed in August and granted the same future land use change from Lake County Urban to Commercial in the City. The Deper property to the east was annexed in May and also granted Commercial future land use in the City. The Hassan property to the south is the subject of a pending annexation request and request for Commercial future land use in the City. The subject property and the Hassan property to its south currently are zoned R-6 Urban Residential. To the west of the subject property is a stormwater retention pond adjacent to Tuscany Ridge, a part of the Lost Lake Reserve Planned Unit Development. A traffic signal is planned for the Citrus Tower Boulevard/Excalibur Road intersection. Redevelopment plans for the property have not been made, and there is no request for rezoning at this time. Upon annexation, the property will receive the default zoning of Urban Estate. The City Council in May and August approved identical future land use changes for two neighboring properties to the east and south. STAFF RECOMMENDATION: Staff recommends approval of the Future Land Use Map change. Judith F. Legge 13211 Paloma Rd. Alternate Key #: 1648289 Aerial It �sr TE.�'F.�tlF(1 \\Cityhall\shares\Planning and Zoning\Developments\Maps & PicturesTegge aerial.doc Future Land Use —Legge SSA Present Future Land Use: Lake County Urban Proposed Future Land Use: Commercial CITY OF CLERMONT COMPREHENSIVE PLAN CHAPTER I FU T URE LAND USE ELEMENT Adopted June 23, 2009 CITY OF CLERMONT COMPREHENSIVE PLAN FUTURE LAND USE Objective 1.8: Office Land Use Category. The office category is established to provide for office uses in areas that transition to residential neighborhoods. Uses allowed in addition to offices are 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 1.8.1: Residential uses are not allowed in the office category. Policy 1.8.2: 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. Objective 1.9: Commercial Land Use Category. The commercial category is established to assure availability of sufficient office and commercial sites to serve the needs of the existing and projected population. In addition to office and commercial uses, residential uses are allowed, preferably as mixed -use, high -density developments, as well as 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 1.9.1: The commercial land use category shall accommodate activities such as general retail sales and services, professional and business offices, personal services and limited residential use. Based on current land use trends, the City estimates that the mix of uses will be 90 percent office and commercial uses and 10 percent residential, public facilities/institutional and recreation uses. Policy 1.9.2: The maximum intensity of commercial development shall be limited to 0.25 FAR Residential development shall be limited to 12 units per acre; however, densities higher than eight units per acre shall require a conditional use permit. Policy 1.9.3: Hotels and hospitals shall be allowed as a conditional use within the commercial land use category and shall be limited to a maximum intensity of 3.0 FAR Policy 1.9.4: Nursing homes, assisted living facilities and independent living facilities shall be permitted in the commercial land use category as a PUD consistent with land development regulations and may have a maximum intensity of 3.0 FAR Objective 1.10: Industrial Land Use Category. The industrial category is established to provide sufficient land for existing and anticipated future industrial needs and requisite support services. Policy 1.10.1: Residential uses are not allowed in the industrial category. Policy 1.10.2: Uses allowed in the industrial category include manufacturing, assembling and distribution activities; warehousing and storage activities; general commercial activities; and other similar land uses which shall be regulated through appropriate land development regulations. Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum 0-(1imw # 621-M A doptai jum 23, 2009 I-6 n CITY OF CLERMONT rS A� VO IVEPI A A/1,EA1r-1EJ%Vr em I % &E HVV J L_J_1N J4 IVL.# Application DATE: FEE:Sot�,oc� Project Name (if applicable): APA Applicant: Fc> 5 L � Contact Person: J�.n ;+- , Fnss ` �'•e Address: 13 3,l t Pcl o �cx City: e-I Ev-r�, L,,4- State: El, Zip: 3 47 ( Phone: Ll 0 -7 q S /- 0 o 8 -7 Fax: E-Mail: q LA el ), gvncai 1, co. -VI OWNER: Address: City: Phone:_ E-Mail: State:_ Fax: Zip: General Location: N orE til E cov-vt<- , A Cam• r T,,, er QI v Sic u e-s Legal Description (include copy of survey): 'T R ACT C`'I P C P N -Z5A PT GF W i/a oF- o P1g (0&PC- 1 a5S N�6 Qagu pc 5 o Property size (in acres or square feet): 0, q3 y0510, �D SOS are -Aelelt Flood hazard area (yes) and approx. acreage (no)�_ Existing (Actual) Land Use: fed r,.4icj Existing Zoning: 2- Existing Future Land Use: L-o-kL Caw-4`j e %.ba✓1 Proposed Future Land Use: ir�y CIEr�,�+ L,meV-C;1d Type of development proposed: C�r�i m erc�1 ad Proposed density (dwelling units/acre) or intensity: u0 +0 A � 5 TAR Proposed Zoning District: Z�,,,�,�g (� s hU{ �ee aaP 1 4 a+ +k,s _�i hne 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). Tke- sul �JeJ _ CV-Cpe- —IV '15 I @CCt�CC RT t �E CCrst,Qrn J Ci4r,,C vd 'a-,d 54-�-,e.s R 1 kS+ s o w4-4-�- o'V S R 56 l I- t S' n -44te Ct4v 7P A Q,,d fla 5�een e-sia'IcJ-e-dK e- t crw- CL - Lcz ke Cc Co vh i2r tot vi - Slv-e �IaV1 I w1`1 i Sc11ec Gt 12J 'COv�t -14 tv b E e Vv d cs C3 l O. k r e -e-,4 i R c: r- - 4 o n-P3 approy,1 - 1 .� rj - c� � r i� c. ,� c� _ � rc c � � � v a �� �� x c i t,, iJa C t v e-v\ a C n rn vn p r c t n I F L Lt , 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. Box120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 Page 2 Comprehensive Plan Amendment, Application APPLICANTS AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared 3-vA',4 !Fc, s s who being by me first duly sworn on oath, deposes and says: That he (she) affirms and certifies that he (she) understands and will comply with all ordinances, regulations and policies of Lake County, Florida, and that all statements and diagrams submitted herewith are true and accurate to the best of his (her) knowledge and belief, and further, that this application and attachments shall become part of the official records of the City of Clermont, Florida, and are not returnable. 2. That he (she) desires a Future Land Use Amendment from Lake CCL'4_vCAtoC-+ r-� Cfea-vnev`t' C_ck-owev--for the property legal) described on the attachment of this application. c" -I 3. That the submittal requirements for the application have been completed and attached hereto as part of the application. ffiant -Applicant Name SWORN to and SUBSCRIBED before me by�T(&+'h ��O&g_ or personally known by me this l day of ' J , 20 0 £NZA TAVERNA •'o`�Y P�B�%; Notary Public - State of Florida r • My Comm. Expires Jan 20, 2013 `&S Commission # DD 844280 °;,;;`••• Bonded Through National Notary Assn. Notary Public, Atate of Florida at Large M Commission Expires: t: J 3 Y p Page 3 Comprehensive Plan Amendment, Application V""WNErm"S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared J uti� �� �o ss eg a e 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 CctIC CL-,,,,4` u'r6A✓) to l :4 9Qerr111,`+ CCM M 2rc a_ for the property leg Ily 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. Affiant —`tOwner's kame (atiq�e) SWORN to and SUBSCRIBED before me by or personally known by me this _3 day of ffi, 200. ENZA TAVERNA Notary Public - State of Florida My Comm. Expires Jan 20, 2013 Commission # DD 844280 Notary Pub ,State of Florida at Large Bonded Through National Notary Assn. My Commission Expires: Page 4 Comprehensive Plan Amendment, Application 4A, . • i This Instrument Prepared by: Please Return to: I CFN 2005142024 Edward P.Jordan 11 P.A. 8k 02944 Pis 0050 - 51; (2vss) 1460 E.Hi Highway 50 61 DATE: 09/12/2005 09:48:08 AM I JAMES C. NATKINSr CLERK OF COURT Clermont,FL 34711 I LAKE COUNTY RECORDING FEES 18.50 nrrn nnC 0.70 QUIT CLAIM DEED THIS QUIT- CLAIM DEED, executed this _ day of February, 2005, by ERNEST JAAM LEGGE and JUDITH F. LEGGE, husband and wife, (First Party), whose address is P. 0. Box 1974, Minneola, Florida 34755 to JUDITHF. LEGGE, a married woman, (Second Party), whose address is P. O. Box 1974, Minneola, Florida. WITNESSETH, That the said first party, for and in consideration of the suet of $10.00 (ten dollars) in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first parry has in and to the following described lot, piece, or parcel of land, •situated lying and being in. the County of Lake, State of J Florida, to -wit: The South % of the North 258.00 feet of the West % of Tract 56 of LAKE HIGHLANDS PLAT, all in Section 28, Township 22 South, Range 16 East, Lake County, Florida. RESERVING to the Grantor an easement for ingress and egress over the East 12 feet of subject property. TOGETHER iviih an easement for ingress and egress over the East 12 feet of the North % of the North 258.00 feet of the West Y, of Tract 56 of LAZE HIGHLANDS PLAT, all it Sectionn 28, Township 22 Sotll, Range 26 East, Lake County, Florida, for the express propose of providing access to Ike subject property. SUBJECT TO general taxes and special taxes and assessments subsequent to the year 1989. TOGETHER, with all the tenements, hereditantenis, and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same tit fee simple forever, the sane together with all and singular the appurtenances !hereunto belonging or in anywise appertaining and all the estate, right, :isle, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second parry forever: IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above —i,t— sealed mid delivered in the presence of 4 i ^Lc,(-, nl QW -e L&.,P Printed Nante of fitness i nes j � v.- PrintedtN1 ante of Witness Witnesfr r-,3 Printed Name of Witness .�Z, D17H,K LEGGE [Acknowledgements contained on following page] Book2944/Page50 CFN#2005142024 Page 1 of 2 Property Details - Lake County Property Appraiser Page 1 of 2 Property Details General Info r anon Land Data :Residential Buildings I Miser Improvements ; Sales History Value I Map of Property Tax ����� TRIM Notice General Information Alternate Key: 1648289 Parcel: 09-22-26-12000560000 1 Owner Name: LEGGE JUDITH F Millage: 0003 (Unincorporated) : 15.0743 Owner Address: 13211 PALOMA RD Property Location: 13211 PALOMA RD j CLERMONT, FL 34711-9600 CLERMONT FL 34711 LAKE HIGHLANDS 28-22-26 S 129 FT OF N 258 FT OF W 112 OF Legal Description: TRACT 56 PB 2 PG 28 1 ORB 1067 PG 1258 ORB 2944 PG 501 Land Data Line Land Use Frontage Depth Notes No. Units Type Class Value Just Value 1 DRY SFR LOT (0100) 129 322 129 FF $0.00 $46,827.00 Residential Building(s) Building 001 Summary Section(s) Year Built: 1991 Section No. Floor Finished Section Type Ext. Wall Type Basement Basement Map No. Stories Area Attic Ground Floor _.... ._.., _ . ...... Finished Color 1980 Area: 1 FINISHED LIVING AREA Stucco/Brick 1 1980 N 0°.p 0`1, (FLA) (003) Bathrooms (2 Fix): 1 2 GARAGE (GCF) Stucco/Brick 1 576 N 0% 0 Bathrooms (3 Fix): 3 (003) Bathrooms (4 Fix): 0 Bathrooms (Ex 0 Fix): Bedrooms: 3 Built -In Kitchens: 0 Fireplaces: 1 Miscellaneous Improvements No. Type No. Units Unit Type Year Depreciated Value j 0001 GARAGE DETACHED (DGF) 288 SF 1991 $1,852.00 Sales History O.R. Book / Page Sale Date Instrument Q/U VacJlmp. Sale Price 064612101 1/1/1978 MI 0 V $4,000.00 j 0736 / 1013 10/1/1981 WD U V $2.00 ... 1066 / 0330 _... 6/1/1990 WD Q V $6 000 00 1067 / 1258 7/1/1990 WD Q V I $15,500.00 2944 / 0050 8/1/2005 QC U 1 $0.00 Value httn•//www lakPnnnrnnnnnr rnm/nrnnPrty-rlPtnilc ncnv?AltWPv=1I dAUR9 SZ/1I)/17(11(1 CITY OF CLERMONT PLANNING & ZONING COMMISSION October 5, 2010 CITY COUNCIL October 26, 2010 DEVELOPMENT NAME: Woodwinds Condos OWNER/APPLICANT: Charles Sharkus, Jr. REQUESTED ACTION: A Conditional Use Permit for a Planned Unit Development for a proposed 108 unit condominium development SIZE OF PARCEL: 10 acres GENERAL LOCATION: East side of Grand Hwy. '/ mile south of Citrus Tower Blvd. EXISTING ZONING: R-3, Residential/ Professional District EXISTING LAND USE: Vacant FUTURE LAND USE: High Density Residential (up to 12 du/ac) SURROUNDING CONDITIONS: ZONING EXISTING LAND USE FUTURE LAND USE DISTRICT NORTH: R-3, Residential/Professional Church Public Facilities/Institutional SOUTH: R-1, Single -Family Medium Residential EAST: PUD WEST: C-2, General Commercial Residential Low Density Residential Multi -Family High Density Residential Commercial Commercial ROAD CLASSIFICATION: Grand Highway — Collector UTILITY AREA: City of Clermont Water / Sewer SITE UTILITIES: City of Clermont Water / Sewer SITE VISIT: 9-20-10 SIGNS POSTED: By applicant 1 - of Woodwinds Condos, CUP ANALYSIS: The request is to allow a multi -family residential Planned Unit Development at a density of 10.8 units/ acre. The applicant is proposing to build up to 108 upscale multi -story condos, including some with basement garages. This same Conditional Use Permit request was previously approved on August 22, 2006 (Res. No. 1475) and on September 23, 2008 (Res. No. 1592). Because of market conditions, the developer did not start construction within the required two years and each CUP was rendered void. The owner wishes to retain their development rights associated with approval of the CUP and variances. By establishing a Planned Unit Development within the High Density Residential future land use district, the developer is able to request a maximum density of 12 units per acre. With the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.8 unit acre maximum density. The proposed buildings will be terraced to cope with the topography of the parcel. There are two variances associated with the proposed project. 1) Parking stall size (9' X 18' within garage area under each building) 2) Building height to exceed 45 feet. Location Map: 2 - of Woodwinds Condos, CUP STAFF RECOMMENDATION: Because of the density provided by the Future Land Use, and the proximity of the surrounding neighborhoods to the south (North Ridge) and the east (the Fountain Apartments), staff recommends approval of the conditional use permit request with the following conditions: CUP CONDITIONS: Section 1 - General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with the conceptual site plan dated 8/16/ 10 prepared by Montverde Engineering. Formal construction plans, incorporating all conditions stated in this permit shall be submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance of other development permits. The conceptual site plans submitted with the CUP application are not the approved construction plans. 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 final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. 6. 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. 7. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date that this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 3 - of Woodwinds Condos, CUP Section 2- Land Use 1. This CUP is for a multi -family residential development with up to 108 condos on 10 acres, for a density of about 10.8 dwelling units/acre. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 2. The project shall be phased to allow the first 80 units of the 108 total, to be built without mitigation of the student generation. The final 28 units, or phase 2, can only be built under either of the following conditions: a. The 28 units in phase 2 can only be built if the applicant and/or builder apply for mitigation and receive concurrency from the Lake County School Board, as it applies to Florida Statutes and the School Concurrency requirements, as to be adopted by the Lake County School Board and the City of Clermont. b. The 28 units in phase 2 can accordance with the applicable generation of students Section 3 — Site Development only be built if they are age restricted, in laws of Florida, which would result in no 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. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas where construction is not immediately intended. Said plan 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. Section 4 — Transportation Improvements 1. Sidewalks shall be required along Grand Highway and within the development, in accordance with FDOT regulations and City Codes. 2. The City may require that transportation improvements, necessitated by the portion of the project for which a building permit is sought, be made at the time of construction. Project specific on and off -site transportation designs are the sole responsibility of the developer. 4 - of Woodwinds Condos, CUP Section 5 — Utilities and Stormwater 1. The permittee shall be responsible for purchasing, installing, and maintaining fire Hydrants within the project. They shall be installed according to City Code. 2. The project shall be plumbed for reuse water with purple piping, Until such time as reuse water is available, irrigation water shall be provided for by well. Section 6 — Landscaping 1. The Landscape design for all parking areas, buffers, rights -of -way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center. 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. Section 7 - 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. ;.Ci yh ##`.s#cares P#arra r�r tand Z"ino*'Deveionments!CUP's`:t�ti'oodvn-irds CUP PSZi - i ;w1y-26-10.uoc 5 - of Woodwinds Condos, CUP CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION DATE: August 18, 2010 PROJECT NAME (if applicable): Woodwinds APPLICANT Charles Sharkus CONTACT PERSON: Charles Sharkus Address: 541 SW Timber Trail City. Stuart State: FL Phone: (352) 396-1026 Fax: (772) 287-1807 E-Mail: woodwinds@bellsouth.net OWNER: Charles Sharkus Address: 541 SW Timber Trail City: Stuart State: FL Phone: (352) 396-1026 Fax: (772) 287-1807 Address of Subject Property: N/A FEE: Zip: 34997 Zip: 34997 General Location: East side of Grand Highway at Hunt Street (On Grand Highway, just south of Citrus Tower Blvd.) Legal Description (include copy of survey): Tract 9, According to the Lake Highlands Company Plat of Section 20, Township 22 South, Range 26 East, as recorded in Plat Book 3, Page 30, Public Records of Lake County, Florida, Subject to a Road Right -of -Way over the West 30 feet and the South 15 feet there. Containing 10.12 Acres more or less. Land Use (City verification required): UD-5 Zoning (City verification required): R-3 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 proposed project is designed to meet the market's need for each unit to be on one floor of the condominium complex. These are discriminating buyers who want maintenance free environments and the ability to easily access their units when mobility may become an issue We are seeking 108 units within the 10 acre site for which a maximum of 120 units could be approved under the CUP. i Charles Sharkus Jr. X Applicant Name (print) pplicant Name Charles Sharkus Jr. X -'It- Owner Name (print) Owner Nam ******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 1 0 RIGHT OF WAY TO BE DEDICATED I ZONED C2 EXISTING WEST PROPERTY 4 — LINE TO CENTERLINE OF GRAND HIGHWAY I PROPOSED SIDEWALK I I PROPOSED 40.0' R/W TO BE DEDICATED ZONED R3 ROE ! 6 2142' , Bendel A 203.92 OWNER. MR. CHARLES SHARKUS WOODWINDS DEVELOPMENT LLC 541 SW TIMBER TRAIL STUART, FL 34997 S 89° 19' 17' E 660.14' LEGAL DESCRIPTION: TRACT 9, ACCORDING TO THE LAKE HIGHLANDS COMPANY PLAT OF SECTION 20. TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 3. PAGE 30. PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SUBJECT TO A ROAD RIGHT-OF-WAY OVER THE WEST 30 FEET AND THE SOUTH 15 FEET THEREOF. CONTAINING 10.12 ACRES. MORE OR LESS. PROPOSED 6'-WALL I I I 2 °lop V `t BUILDING 2 . BUILDING 3 I BUILDING 4 BUILDING t ` I I ZONED PUD I t E. \ .. SETS I ` 6 16 _ __ _ _ f�• I N 25.00' 3 4` TRACT 9 _ I CO SETBACK 5 W CLUB HOUSE -. // \\ / ° °I 9 / N \ P / °; 22° °I, / pY� BUILDING G I BUILDING 5 0l Z ze �; ■ b I � I I a- b w o� — I I J. AUTOMATIC GATE I 8 MAIL BOX KIOSK 13' cli T I MAIL ACCESS LANE 6' WALL ° 26 2 0 1 BUILDINCO 29 ° I ....___ _ 23 {{ r _BUILDING 8 � I _�.,... ....- .� 40 41 - ZONED C2 BUILDING 9 26 , i p ... , 00. ... 50 4 71 . ' I - - '_ 61 60 RETAINING,: WALL +TO 40.0'/W6OR LESS IN HEIGHT ��BE.DEDICATED "{\ 125.00'SETBACK PROPOSED 8' WALL � U O Q p� of I•M %1 Rev ♦ I I IF—d 4*e4* C--tO Monument _v ��'— c� o.a•r.+ I —T------------------------------- SY[YU 09. E_ �_74'_ ---- LECaENCS ------------ II ------------ 1 ZONED R1 I 1 'x�z� TYPICAL EXISTING TREE TYPICAL CANOPY TREE mew TYPICAL UNDERSTORY TREE -- -_-_ I g999" SHRUB TO BE PLANTED ON 3' CENTERS z Z F w 1llr•ab lO O CT 0 P SITE O LOCATION PROJECT NOT TO SCALE (INTERNAL) I 1 I I I I I I 16 I b bII D 9I I1 I1510 y --4v ��j a a 16 HC � • —ELEVATOR PARKING PLAN -INTERNAL SCALE '." = 30' V CS px, a r AREA PARCEL = 10.12 ACRES NUMBER OF UNITS PER BUILDING = 12 EACH TOTAL NUMBER OF DWELLING UNITS = 108 EACH PROPOSED DENSITY - 10.67 UNITS PER ACRE ZONING R-3 IN UD-5 IMPERVIOUS AREA - 3.25 ACRES % IMPERVIOUS AREA - 32.1 REQUIRED PARKING STALLS PER UNIT = 2.5 EACH 108 X 2.5 - 270 STALLS REQUIRED PARKING STALLS PROVIDED: NUMBER OR GARAGE PARKING STALLS PER BLDG. = 22 EA 22 STALLS X 9 BUILDINGS = 196 EACH IN GARAGE NUMBER OF STALLS OUTSIDE BUILDING = 72 EACH TOTAL RESIDENTIAL STALLS PROVIDED = 270 EACH PARKING STALLS FOR COMMON AREAS PROVIDED - 12 EA. VARIANCE INFORMATON: VARIANCE REQUESTED FOR THE FOLLOWING ITEMS. 1. PARKING STALL DIMENSIONS INSIDE THE BUILDING TO BE 9' X 16' IN SIZE. Q 0 O • LLLLL J J Z o u Z Y g W 2 ar OQ W0 W 0 0 Z Z Oz O Z 0 W J u LL 0 JOB NO. 5040 DATE B-16-2010 SCALE GRAPHIC DRAWN BY ACN CHKD BY ACN REVISIONS 2 3 4 CAD FILE NO. DRAWING DES RIPTK MASTER PRELIMINARY PLAN DRAWING NO. SHEET i 1 1 S � � i� ► t I + ' + I + � � � � � � i � �� ode v 131 ► ��,.� / j r+ r r l �+ l j/ J ' r � r 1 1 1 1 1► 1 i 1; 11 5 1 `\ `\, `\ ``� `� * , / t ! / ! I r r ! 1 1 1 i i 1 11 1► 11 ► Il ' 1 11 `► 1 tl `I `I `` ', `\ ' ` `\ \ / t t,! t r� 1 1 r t t t � t 1 1 1 1► � I l l l j '1 1 ►, � r r r �'�"i� I t t l 1 1 1► 1 , 1 \ \ \ i/I/j, r + � I� � 1I!' 11iI1 t 1i��iii�il►'1�11''11,'��1`\� \ � ``� `� lr i t ' t' i i�+!' � I t � � l l l l l l l 1► 1 t t► 1 t 1, ` 1 1 1� �\` '� \ \\ � / tit l! t t I i + I t t + 1 1 1, 1► 1 1 1 1 1 1 l \\\ \ + t l i i i l i t l l t i� I 1 i I! 1+ t i 1� 1 1 1 � 1` 1 1 ►► ,' 1` 1 11 I t l\` \ \\ \\\ � + i i � i ' ' 1 j I ' I ' i i � ! ' � � t i ' i ! I � 1 ' i � i i 1 ' ► 1 ' ' ' i ► 1 ' , \ � \\ �` \\ \`\ \� \`\ \` ``\ ,+I111�11 It, t„� 11 t I t' t t t t' 1 1 i i► ►►' ►' \\� \` \\ ` �itllilt�i+t ► I i I 1 t � t t' 1 1'' 1' 1 1' � �l 1 1 ► �1 �1\ \\`\\\\` � \ `\`\ `\ \ `. — ► t ► ��� 1' i i i � + i i � ' i t � � i i ' i I i i r ' i t 1 i i ( � I 1 � � ► �t 1\ \ \ \\ \ \ \\ \ `\ \\ \ \\ \ \ \ ; \\ \\; \\ \ \ �\ � �' � t i i � t t 1 ! (i i i � i i i � 1 t i t t ' i 1 1 1 � \ � \ `\ 1 \ `\ `\ ` \ ` \ \\ \\ \ ` \\ \♦ \` `\ \\ � \ . 1 i i i i l i i l l i i i i i t (' � ; �t l l ► I l l � t I t \ \ \ \ \ \ � \ \ \ \ ` \ \ ` \ `\ \ `\ ` \ ` � 1��1iiliiiil i 1 t t 1' 1 , ` �,'►' \ \ �``, �',\ \ `\ \'1`\\" \ \ \ ` \ \ ` \ \ \ \ 'It t t t t 1 i 1 t 1 ' 1 1 ► 1 , ' , 1 \ , , \ \ \ \ \ \ \ ill 1 1 1 1 1 1 , 1 1 1 1 1t 1 ` 1 '1 1 11 1 1 1 1 \ tl `\ , \ \ \\ \\ \ \\ \` \ \ \\ �\ \\ `\ `\ \\ `\ \ \\ `\ a 1 , 1 1 1 + ► 1 1 1 1 ► t 1 1 ' \ 1 1 ► 1 1 1 1 ` 1 1 \ t \ \ \ \ \ \ \ \ \ \ ♦ \ \ \ \ . \ \ 11 1 t , , 1 t 1 1 \ 1 t t ' 1 , ► 1 t ' 1 ` \ , `\ \ ` \ \, \ \ \ `♦ `\ \, \\ \\ ,\ \\ \\ \ \\ . s �\ \ \ \ \ \ \ \ 1 1111 1' 1111 t' �'► 1 ; � 1 ► ► \ \ 1 � t \ 1 \ \ \ \ \ \ \ \ \ \ \\ `. �� 1 1 a i i'111 `► t ' �'1 ' t t ; i 1 ► ` 1 ' '\ \ \\ `\ \\ `\ `\ `\ `\ `\\\ ` \ `\ \\ \ \` `\ \ `\ \\ \\ \\\ NN 1 t t 11 1 t 1 1 11 ► 1, ; i 1 t ► \ 1 \\ `\ \\ \\ `\ `\ `\\\ \\ `\ `\ `\ \ \ \ \\ \\ ` \\\`\\ \\ `\♦`\ \\\`\ \ 1 1\1 11 1 ` 1 1 1t t, , 1 \ \ �`\ `\ \\ ` ` \ \\ \ ` `\ \ `\ `\ \ ` \ \ \ \\ `\ ♦ \ \ ♦ ♦ \ \ \ \\ \ 1 1 5 \ `` \ \ \ \ ♦ \ \ \ \ \ \ \ \ \ \ \ \ \ ` \ `\ \ \ �, \ \ \ \ `� �N`� 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ n, \ \ \ \ \ \\ \ \ �\ \\ \\ `\ N. \\ \\ \ \ \ \\`\\\`♦`\`\`\\` \\ \ \ \ \ \ \ \ \ \ \ \ . \ \ \ \, 1 \\ \ ♦ \ `` \ \ \ \ \ \\ ` \ `\ \\ `\ \ \ \\ \\ \\ \ \ \\ \\ \\ \ \\ NN \ \ \ ` \ \ \ \ \ \ \ \ ♦ \ \ \ 1 \\ \ �\\ N, \\ \ `\ \ \ \� \ \\ \ \�\ \ \\ \\\\ \\ ♦ \ \\ \ `\ ♦\ \ `IN \\\\ \`\ \; \ `\'�,�\\ \ \\ \; \\\ \` \ \\ \ `\\ `�\ �� `\\ �\ NNN 1 1\\\�\\`� \`\N~\ " \\`\`� \`� \\\\\` `\ \\� \N.\\\```` \\\ \ \`\\ \ \ \ \ \ \\\\\ N \ `\`\ \\`\ \� N. \\\� \` N \ \ \ \ \\ \ \ `� \ \ NN'`\ \\ \ ` \\ \ \ \ NN, \\ \ \ \\\\\\\ \ \ \ \\\\♦ \ \\ \e \ \� \ \ 1. 1 �1 \ \ \\ \\ \ N. 1 y� \ . 1 cola • I I I I I 21 o= om _ J 15.0'L/S BUFFER a .. o BUILDING 2 ° BUILDING 3 BUILDING 4 BUILDING 1 ■ 10.0' o • L/S BUFFER Q I � � I PROPOSED 6" WALL k I O BUILDING 6 BUILDING 5 Art ■ O■ O X PROPOSED 8' WALL .1 .. 15.00'L/S BUFFER,— o f(f•I o I BUILDING 7 BUILDING 8 ° BUILDING 9 ■ I 10.0' y ',* L/S BUFFER o • o • F�r1 I O _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 4 - �` om GRAPHIC SCALE I Inch = 40 1L LEGEND TYPICAL EXISTING TREE • TYPICAL CANOPY TREE TYPICAL UNDERSTORY TREE arwwo SHRUB TO BE PLANTED ON 3' CENTERS LANDSCAPE CALCULATIONS 3 TREES PER 100 LF MUST BE PROVIDED 660.14 LF / 100 X 3 — 19.80 — 20 TREES (2/3 MUST BE CANOPY) PROVIDED: CANOPY = 14 EACH UNDERSTORY 6 EACH TOTAL = 20 TREES 3 TREES PER 100 LF MUST BE PROVIDED 668.24 LF / 100 X 3 = 20.05 = 21 TREES (2/3 MUST BE CANOPY) PROVIDED: CANOPY = 14 EACH UNDERSTORY = 7 EACH TOTAL — 21 TREES SOUTH BUFFER: 10' WIDTH 3 TREES PER 100 IF MUST BE PROVIDED 659.74 LF / 100 X 3 = 19.79 = 20 TREES (2/3 MUST BE CANOPY) PROVIDED: CANOPY = 14 EACH UNDERSTORY = 6 EACH TOTAL = 20 TREES WEST BUFFER: 15' WIDTH 2 TREES MUST BE PROVIDED FOR EVERY 100 LF OF WALL. 578 LF OF WALL / 100 X 2 = 11.56 — 12 TREES PROVIDED: CANOPY = 12 EACH TOTAL — 19 TREES TO PARKING —ARLXJJNDER BLDG. Q O r ' V I U. J J z ° u Z g W 2 IL r 0 Q W� W o° Z '^ v/ Q VVV Z I� O r 3 w W J V LL rO r V JOB NO, 5040 DATE 8-16-2010 SCALE GRAPHIC DRAWN BY ACN CHKD BY ACN REVISIONS 2 3 4 6 8 7 CAD FILE NO. DRAWING OEBCRIPTION LANDSCAPE PLAN AND ARCHITECTURAL ELEVATION ORAW WG NO. SHEET 3 r 1 li� '-. � 1�• 11 L I NORTH SOUTH PROFILE BUILDING 1 HORT. SCALE r - 30' VIEW. SCALE r - UY Moo' r. - 200 .......__... F BUILDING 6 190 PARKING AREA ., ., R PARKI CLOT 180 .. ... ._ ... ... _ .. ROADWAY 170 160 PARKING AREA OADWAY 150 S( i WEST CROSS SECTION A (NORTH TO SOUTH) 140 DATUM AMEV fs000 0 r 18 17 16 15 14 13 12 11 DATUA( AW 100..00 o ♦ � � N o OR m N - 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 Q 0 J U. J 0 � Z g W a� OQ W� Z 0 � ,uwJ _I Do Z O~ O Z 0 W J LL 0 :i JOB NO. 5040 DATE 8-18-2010 SCALE GRAPHIC DRAWN 8Y ACN CHKD BY ACN REVISIONS 1 z 3 4 5 8 7 CAD FILE NO, DRAWING DE9CRPf10N CROSS SECTION DRAWING NO. SHEET 2 r N E ♦100.80+7 I � ! I tlofwn� wtimof Trott _ arthw Y ea�nd°n .a" -• WJICd, '� ' /' • /' / / , / ! / ! / / / / 1 r / / / / r / / / ! ! ! / ! fly /Ilm / �,/ �/ ,� �/ // ,/ ♦ / / ! 1 / / ` ! // !/ / ! / ! / ,/ / ,' ! /' f / // !/ ICI --- !" �_ _ --� . ��� �� / ,' /' ,/ / ! ♦! / / / � ! , / , ! ! / / / / ! / ! / ! �/ / lit ,/ ,/ // �/ / / ' /' / j / ! / / ! j / !! ! / // ! !' / j / j / !/ ill // ' ill „!••-.. __--� �� ��' ��'' ' ,' ,' / / / J � / / // !! / / / � / ! j / / / ' ! j / ! ! / /! / 11 --------^ ------------ // —------------ --------------- // ze �•,,,� _�_�—"_— --__,� �_— _"—;�— —�� �7,�.��-ter /��, //,/ / �/, _ — �- —" Ro°d.°Y GRAPHIC scros '. f w 1 sra ' 40 ft aw xaao^�'t v� NIOflM� Mr,Ma "T OFnn+oti Saw a ok MaN ' rM'� vl ooc WJ" li PLAT WOK & PAW+6 Log a IEffi ��� of�1� 1TL KpN Mw, ew, �� of T+tf OF ate RWW PER OTT '+VAM IL r *a:-- ,amM mop ob mory a wµo +'maims oo u 2. c,010 LMS uEY t�oMs 9pIM HDEw ME saw � � ► ►Mr, #3 VAOW-cot 'COME 4. a o MaM+ NEB Is WA Wsn—° a ieaaM AW"- 0.To MY _ t rtE`ItSE°:'/IV 30/0;ttw+el�wt—vroP -Y donq Wrt aaT a w+PPM ltaraoo1Ub °f A FLOC � N4,o ago Tm AND srx Boundary Survey for: Charles Shorkus, Jr. 20-22-26 LAKE COUNTY FLORIDA � � pRgyeNC N0. shorkust CITY OF CLERMONT PLANNING & ZONING COMMISSION October 5, 2010 CITY COUNCIL October 26, 2010 PROJECT: Lost Lake Reserve OWNER/APPLICANT: Lost Lake Reserve LC (John Percy, w/ Glatting Jackson) REQUESTED ACTION: Request for an amendment to a Conditional Use Permit (CUP Res. No. 2010-1) to correct the stated acreage of Parcel C1 from 20.77 acres to 14.73 acres. LOCATION: Southwest of Citrus Tower Blvd. and Steve's Road (for effected location) SIZE OF PROJECT: 423.54 acres +/- EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant (for effected location) FUTURE LAND USE DESIGNATION: SURROUNDING CONDITIONS LAND USE ZONING NORTH: Church & Res. PUD & UE SOUTH: SF & Multi -family PUD Residential EAST: SF Residential PUD WEST: Church & Multi- PUD & UE family Residential Master Planned Development FUTURE LAND USE DESIGNATION Master Planned Development & Institutional Master Planned Development Master Planned Development Master Planned Development & Institutional ROAD CLASSIFICATION: Citrus Tower, Steve's Road & John's Lake Road — Collector U.S. Hwy 27- Arterial UTILITY AREA: City of Clermont Water / Sewer SITE UTILITIES: City of Clermont Water / Sewer SITE VISIT: 9-20-10 SIGNS POSTED: By applicant. 1 of Lost Lake Reserve, CUP amendment ANALYSIS: The applicant is requesting amendment to the Conditional Use Permit (Resolution No. 1010-1) to correct the stated acreage of Parcel C1 from 20.77 acres to 14.73 acres. There are no land use changes being requested. Parcel C was split into two parcels, and the resulting parcel C1 was listed as 20.77 acres instead of 14.73 acres. This was a mistake by their consultant and needs to be corrected within the CUP officially to correct the acreages within the CUP. Parcel Cl: 14.73 acres (to be donated to the Real Life Church) Parcel C2: 16.41 acres (192 units for apartments at 12 du/ac) Total: 31.13 acres This is a minor change to the DRI/NOPC (Development of Regional Impact/Notice of Proposed Change). Aerial view — Parcel C (C1 & C2): or 4 J t .Vaa* a � 1 .5 ,t STAFF RECOMMENDATION: Staff is recommends approval of this request for a CUP amendment for correct the acreages in the CUP. 2 of Lost Lake Reserve, CUP amendment 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. The property shall be developed in substantial accordance with the master site plan as shown in the revised Exhibit "A" incorporating all conditions of this Conditional Use Permit. 4. No person firm corporation or entity shall erect construct enlarge alter repair remove improve move convert or demolish any building or structure or alter the land in any manner within the boundary of the project without first submitting necessary plans obtaining necessary approvals and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. If any of the stated conditions are violated the applicant understands and agrees that the City Council may revoke this Conditional Use Permit by resolution. 7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 8. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date that this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2 — Land Use The Lost Lake Reserve project shall be developed in accordance with the directives of the DRI, this CUP/PUD and the Comprehensive Plan for this Master Planned Development. The project shall be permitted for a maximum total of 1,108 single and multifamily residential dwelling units. The development consists of the following elements as depicted in Exhibit "A": 3 of Lost Lake Reserve, CUP amendment Residential: • Parcel "A" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R-1 Single-family Medium Residential Zoning District. • Parcel "B" — detached single family residential units with a minimum lot size of 01020 sq. ft. and a minimum lot width of 100 ft. All other development standards shall be consistent with the R-1-A Single-family Low Density Residential Zoning District. • Parcel "Cl" — 20.77 14.73 acres of park land. A deed restriction shall be imposed by_the developer to allow only athletic fields, recreation and open space uses. Parcel C1 shall be developed in substantial accordance with the conceptual site plan dated March 6, 2010 and the perspective drawings as developed by AECOM and Forum Architectures & Interior Design Inc. for Maxcy Development Group, as shown in Exhibit "B". • Parcel "C2" — 16.41 acres with up to 192 multi -family residential units. Townhomes, duplexes, quadruplexes, condominiums, or apartments may be constructed at a maximum density of 12 dwelling units per acre. Parcel C2 shall be developed in substantial accordance with the conceptual site plan dated March 6, 2010 and the perspective drawings as developed by AECOM and Forum Architectures and Interior Design Inc. for Maxcy Development Group, as shown in Exhibit "B". • Parcel "D" — up to 300 multifamily residential units on 25 acres. Townhomes, duplexes, quadruplexes, condominiums, or apartments may be constructed at a maximum density of 12 dwelling units per acre. • Parcel "E" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with the R-1 Single-family Medium Residential Zoning District. • Parcel T" — detached single family residential units with a minimum lot size of 9000 sq. ft. and a minimum lot width of 75 ft. All other development standards shall be consistent with theR-1 Single-family Residential Zoning District. • Parcel "G" — up to 300 multifamily residential units on 25 acres Townhomes condominiums or apartments may be constructed at a maximum density of 12 dwelling units per acre. Non-residential.- 0 Parcels "H" & "R" — allow for a variety of professional office and personal services uses. Allowed uses shall be the professional office and personal services as permitted in the C1 zoning district. All regulations of the C1 zoning 4 of Lost Lake Reserve, CUP amendment district shall apply to these uses. In addition, residential uses are limited to 1 du/5,000 sq. ft. of the heated and cooled area. Subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "I" — Worship and Daycare — A 5.04 acre parcel reserved for a worship site. In addition to worship uses the parcel can also include daycare and primary educational uses associated with the church; however, and daycare and educational uses shall be subject to a conditional use approval by the City. • Parcels "K" & "J" — Commercial Villages — allow development of a variety of retail and service uses to serve the PUD and nearby neighborhoods, consistent with the regulations in the C2 General Commercial zoning district. Permitted uses in C2 shall be permitted and Conditional Uses in C2 shall require a conditional use permit. The following uses shall be prohibited: "adult" oriented forms of business or services including adult bookstores; tattoo and body piercing establishments; psychic readers; pawn shops and campgrounds. Shopping centers require a CUP and other subdivisions of commercial land must go through the commercial subdivision platting process. The construction of a retail establishment which exceeds 100,000 square feet in size shall be permitted on Parcel K without obtaining a variance. A CUP is required for the purpose of reviewing the plan for compliance with this CUP and other City Codes and Ordinances. (29.17 acres developed Wal-Mart; 11.30 acres available). • Parcel "L" — Town Center — allows a variety of retail and service uses, consistent with the C1 Light Commercial zoning district. Residential uses shall be allowed at a ratio of 1 du/2500 sq. ft. of heated and cooled space. The following uses shall be prohibited: "adult" oriented forms of business or services, i.e. adult bookstores; tattoo and body piercing establishments; psychic readers; pawnshops and campgrounds. Shopping centers require a CUP and other subdivisions of commercial land must go through the commercial subdivision platting process. • Parcel "M" — An 11.4 acre Recreation and Open Space (ROS) parcel bridges the gap between the Eagle Lake perimeter park and Lost Lake Elementary School. It is proposed for active community recreation such as field and court sports. • Approximately 15.2 acres is planned for passive recreation for the perimeter of Lake Felter. This Recreation and Open Space (ROS) feature coincides with the 100 year floodplain. • A linear park that borders both sides of Citrus Tower Boulevard along Parcels "B" "C" "D" and "E„ • Parcel "N" — A 1.0 acre parcel is reserved for a Community Facility at the northeast corner of the 11.2 acre ROS parcel. 5 of Lost Lake Reserve, CUP amendment Section 3 — Physical Site Development and Environmental Issues 1. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion. A water buffalo shall be available to apply water within 24 hours of notification by City. All disturbed areas that are not to be developed within 30 days after grading is completed shall be seeded and mulched or sodded unless an alternative plan is submitted to and approved by the City. 2. Gopher tortoises shall be relocated to an approved reception site subject to approval of the Florida Game and Fresh Water Fish Commission. If relocation is not approved due to health reasons a Take Permit will be obtained from the Fish and Game for tortoises that cannot be relocated due to health reasons. 3. The Lake Felter mitigation has been completed in accordance with the plans approved by the City and the SJRWMD. The mitigation is subject to the monitoring requirements under the permit. The Eagle Lake mitigation plans have been submitted to the SJRWMD in accordance with the Consent Order issued by SJRWMD. In accordance with the Consent Order, the Eagle Lake restoration must be completed prior to development north of John's Lake Road or when water levels rise to normal levels. All activity in the floodplains or wetlands requires a permit from the City per Section 94-34 of the code. 4. A tree survey and inventory is required for all trees six (6) inches and over in diameter and a replacement plan is required for those trees to be removed. 5. Mass grading shall be permitted in substantial accordance with the proposed Mass Grading 2002 Cut/Fill Program as originally approved by the City, which depicts those areas which will exceed ten (10) feet or fifteen (15) feet of cut or fill in residential and commercial areas respectively. Final grading plans shall be submitted with construction plans for each phase of the development and shall substantially comply with those grading plans. Notwithstanding the above, any City approval of a site improvement plan will allow the Developer to move earth outside or into that parcel's boundary provided that earthwork is completed consistent with the approved master grading plan but only to the extent such work is needed to complete the earthwork required of the approved site plan. Retaining walls up to ten (10) feet in height may be utilized in the commercial parcels, as long as landscaping is incorporated into their design. Tiering of retaining walls in commercial areas is permitted. Residential parcel retaining walls are restricted to a maximum of six (6) feet in height. Two foot horizontal to one foot vertical slopes are allowed in non-residential parcels provided slopes are vegetated with drought tolerant, low maintenance materials. Filling the U.S. 27 floodplain in the commercial area is permitted as long as the appropriate permits are obtained from SJRWMD and floodplain compensation is provided. 6 of Lost Lake Reserve, CUP amendment A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion with each site improvement plan. Section 4 — Transportation Improvements 1. Citrus Tower Blvd. A. With County contribution: Developer shall substantially complete the construction of Citrus Tower Boulevard from the southern boundary of the property to the northern boundary within 240 days of Developer receiving final permits and approvals and, the County providing its share of the construction cost in the form of cash. The portion from the northern boundary of the property to Hook Street shall be completed within 240 days of the County or City acquiring the necessary right of way to construct the roadway along with the necessary drainage improvements and obtaining all final permits to construct improvements. Development approved through the adoption of the Development Order for the DR[ can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel " G" within one (1) year of the first CO being issued in Parcel "G". Parcels "C" and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E". Further development shall commence as provided for in the DRI Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact 100- foot right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Tower Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right of way for Citrus Tower Blvd. no later than twelve (12) months after the approval of this CUP. City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. 7 of Lost Lake Reserve, CUP amendment B. Without County contribution: Developer shall construct Citrus Tower Boulevard from the southern property line to the northern property line within four (4) years of approval of the DRI Development Order. Development approved through the DRI Development Order can commence on Parcel "F" without any improvement to Citrus Tower Blvd. Parcel "G" shall require the construction of Citrus Tower Boulevard from John's Lake Road south to the secondary entrance of Parcel "G" within one (1) year of the first CO being issued in Parcel "G". Parcels "C" and "E" shall require the construction of Citrus Tower from John's Lake Road to Steve's Road prior to the issuance of any CO in Parcels "C" or "E". Further development shall commence as provided for in the DRI Development Order. The one hundred feet of right of way for the construction of Citrus Tower Boulevard from the southern property boundary to the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the southern to northern property boundary. The exact right of way to be dedicated will be furnished to the City upon completion and approval of the construction drawings for Citrus Tower Boulevard. The Developer will complete and submit the construction plans for Citrus Tower Blvd. from the southern property boundary to the northern property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City in turn will grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the above, the Developer shall dedicate the one hundred feet (100') of right of way for Citrus Tower Blvd. no later than tv elve (12) months after the approval of this CUP. City will assist developer in making sure that Citrus Tower Boulevard is eligible for impact fee credits from the County. 2. Steve's Road Construction A. With County contribution: Steve's Road from the eastern property boundary to the western boundary shall be constructed within 240 days of the County providing funding and the County or City providing the necessary rights of way. The portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "A" and the portion east of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "B". Regardless, Steve's Rd. must be constructed from Citrus Tower Blvd. to the east property boundary when Citrus Tower Blvd. is extended to Steve's Road. The eighty foot (80') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to western property boundary. The exact right of way to be 8 of Lost Lake Reserve, CUP amendment dedicated will be furnished to the City upon completion and approval of the construction drawings for Steve's Road. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the CUP approval. Simultaneously with the dedication of the right of way to the City, the City will in turn grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. B. Without County contribution: Steve's Road from the eastern property boundary to the western boundary shall be constructed within four (4) years of approval of the PUD or the portion west of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "A" and the portion east of Citrus Tower Blvd. must be completed prior to the first CO being issued in Parcel "B". The eighty foot (80') right of way for the construction of Steve's Road from the western property boundary to Citrus Tower Blvd. and the sixty foot (60') right of way from Citrus Tower Blvd. along the northern property boundary will be contained in a right of way reservation corridor map (the "Map") which shall be an exhibit to this document. The Map will delineate the location of a one hundred fifty foot (150') corridor from the eastern to western property boundary. The exact right of way will be dedicated to the City upon completion and approval of construction drawings for Steve's Rd. The Developer will complete and submit the construction plans for Steve's Road from the eastern property boundary to the western property boundary within 6 months of the CUP approval. Simultaneously with the dedication of Steve's Rd., the City will in turn grant to the Developer a temporary access easement over the right of way and grant the Developer the authority to construct the necessary roadway improvements in the right of way which is the Developer's responsibility. Notwithstanding the foregoing, Steve's Road east of Citrus Tower Boulevard will be completed by the time t"e portion of Citrus Tower Blvd. is extended from John's Lake Road North to Steve's Rd. 3. All roads within the project shall be designed and constructed in accordance with adopted City standards. 4. The permittee shall pay a pro rata share of the traffic study to determine if a signal is warranted at the intersection of U.S. 27 and John's Lake Road. If a signal is warranted, the permittee shall pay its pro rata share of the cost for a signal and its installation. The permittee shall also pay for the total cost of warning signs and lights north of the signal as required by the FDOT and the City of Clermont. 5. If in the future it is determined by the City that a signal is necessary at the intersection of John's Lake Road and Citrus Tower Blvd., the cost of engineering, equipment, and installation shall be the responsibility of the permittee and may be eligible for impact fee credits. 6. A mass transit stop shall be provided for in the Commercial Village. 9 of Lost Lake Reserve, CUP amendment 7. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 8. An FDOT permit will be required and filed with the City for any activity proposed to occur along U.S. 27 right-of-way prior to issuance of development approvals or permitting by the City. 9. Single family units shall not front on, or be permitted direct access to John's Lake Road, Steve's Road, or Citrus Tower Boulevard. 10. The permittee shall be permitted to extend the maximum length of a cul-de-sac street from one thousand two hundred (1,200) feet to two thousand (2,000) feet. 11. The developer shall pay the City for the purchase and installation of the traffic signal (span wire) at the intersection of Citrus Tower Blvd. and Steve's Road as designed and installed by Lake County, not to exceed $200,000. The signal shall be installed and paid for prior to the first Certificate of Occupancy being issued for Parcel C2 or for any buildings in Phase 2, whichever comes first. The City will support and reasonably cooperate with the developer with regard to the developer's application for eligible impact fee credits from Lake County. Section 5 — Utilities 1. An acceptable well site of approximately one-half acre in size either on or off site shall be provided prior to commencement of construction. 2. The project shall be plumbed for reclaimed water use. Reclaimed water lines shall be installed using purple colored piping. 3. Irrigation wells shall be used to provide water for irrigation until reclaimed water is available. 4. 300 units of water impact fees shall be paid at the time the first building permit is pulled. 5. The City shall work with the developer/permittee in the design of water and reuse line within the right-of-way or easements to accommodate and encourage the planting of trees between the curb and sidewalk. 6. The developer/permittee shall not place more than thirty-six (36) inches of overburden on utility lines. Where landscape may be located over such line, the City shall receive indemnification in the event of necessary operation and/or maintenance of the utility. Repair and/or replacement of landscape shall be the responsibility of the developer/permittee. 10 of Lost Lake Reserve, CUP amendment Section 6 - Linear Park 1. A linear park shall be provided on both sides of Citrus Tower Boulevard that will run along Parcels "B", "C", "D", and "E". This linear park shall be a minimum of 10 ft in width and average 25 ft. in width. It shall be located outside of the public right-of-way. An eight foot pedestrian/bikeway shall be constructed the length of the park on both sides of Citrus Tower Boulevard. The pedestrian/bikeway does not have to follow the right-of-way line, but can meander in a serpentine manner through the buffer and 5 ft. into the right-of-way; however, in no case shall the pedestrian/bikeway be located closer than five (5) feet to the back of curb of Citrus Tower Blvd. Construction plans for the linear park shall be submitted for review and approval by staff along with construction plans for Citrus Tower Blvd. The plans shall include a description of the street furniture and lighting to be used and the design of berms and landscaping. Landscaping shall include one canopy tree per 50 ft. of street frontage with planting areas every 150 ft. These planting areas shall be a minimum 500 sq. ft. in size. The linear park shall be constructed in conjunction with each phase of Citrus Tower Blvd. construction. Maintenance of the linear park shall be by the homeowners association. Section 7- Recreation 1. Public Park - The developer will dedicate the approximately 11.4 acre park site to the City prior to the issuance of the first CO. The Developer will receive impact fee credits for the cost of the design and improvements, but not the value of the land. Cost estimates shall be submitted and approved by the City prior to construction for the purpose of confirming recreation impact fee credits. The developer and City shall work together to plan the park. Developer will design, engineer, permit, and build the park improvements substantially in accordance with the conceptual plan as prepared by McIntosh and Associates and Canin Associates construction plans, May 15, 2002 submitted to the City of Clermont. Grading and preparation of the site for construction as well as the construction of restroom facilities and the softball fields shall be completed before the issuance of the 25th single family certificate of occupancy. Prior to the issuance of the 100th single family CO the entire facility must be completed and the entire facility must be completed within 24 months after issuance of the first single family residential CO. If upon issuance of the 100th single family CO, the developer has not completed the facility of the facility is not completed within the 24 month period, the developer shall post a letter of credit or performance bond for the remaining improvements that can be drawn by the City if the improvements are not completed within 90 days. 2. Eagle Lake Park and the Lake Felter passive park shall be constructed in conjunction with Phase 2 of the 11.4 acre active City park. 3. All recreation and park areas shall link with the pedestrian/bikeway system. 11 of Lost Lake Reserve, CUP amendment 4. A neighborhood play lot (tot lot) shall be provided in each residential tract prior to the issuance of any certificates of occupancy for the tract. The neighborhood play lots shall be connected to the internal pedestrian/bikeway system. Section 8 — Landscaping 1. A 30 ft. landscape buffer shall be constructed along the eastern boundary of Parcel "F" prior to the issuance of the first c/o in Parcel "F". The buffer shall be planted with a minimum of three rows of Y-caliper 6" above grade pines planted 20 ft. on center. The rows shall be planted in a staggered manner so as to provide an opaque barrier. 2. In addition to the Linear Park, additional landscape buffers shall be provided along Citrus Tower Boulevard. A 20 ft. buffer shall be provided along all commercial properties except for the Town Center. A 25 ft. buffer shall be provided along the frontage of Parcel "G". Landscaping in the Linear Park and other buffers shall exceed minimum code requirements. 3. A wall and landscaped buffer shall (residential lots along Citrus Tower Blvd approved by the site review committee. be required along all double frontage lots and John's Lake Road unless otherwise 4. The landscape buffer for the commercial and office parcels along U.S. 27 shall be 25 ft. wide with berm and double the planting of shrubs. 5. The developer shall landscape and maintain the Citrus Tower Blvd. median from Steve's Road to John's Lake, in substantial accordance with Exhibit "C". The developer shall install all landscape material (as approved by the City), and maintain the median of Citrus Tower Blvd. within the Lost Lake Reserve from Steve's Road to John's Lake Road. Said landscaping shall be installed prior to the first Certificate of Occupancy being issued for Parcel C1 or C2 or for any building. Section 9 — Architectural Design Standards All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be adhered to: 1. The developer/permittee shall create a set of design standards which establish the scale, mass, and form of development for the non-residential components of the PUD. The non-residential standards shall include specific landscape controls for all rights -of -way, parking areas, plazas, and public open space, as well as a complete palette of street furnishings where appropriate. 2. The design standards for the non-residential areas shall be reviewed and approved by the City Site Review Committee and shall be applied to all development in the PUD unless the City has established its own design standards and has adopted such standards as part of its code. 12 of Lost Lake Reserve, CUP amendment 3. The following design standards shall apply to large retail establishments unless otherwise approved by the City of Clermont Site Review Committee: Facades and Exterior Walls: 1. Primary ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than twenty-five (25) percent of their horizontal length. Roofs: 1. Parapet walls or other design features shall be used to conceal flat roofs and rooftop equipment such as HVAC units from public view from all sides of the building. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting wall and such parapets shall not at any point exceed one-third (1/3) of the height of the supporting wall. 2. No uninterrupted length of any roofline or parapet wall shall exceed one hundred (100) horizontal feet. Materials and colors: 1. The predominant exterior finish shall be of high quality materials, including, but not limited to, brick, stone, stucco and textured concrete masonry units. The finished surface of the exterior walls shall not include smooth -faced concrete block, tilt -up concrete panels or prefabricated steel panels. 2. Fagade colors shall be low reflective, subtle, neutral or earth tone colors. The use of high -intensity colors, metallic colors, black or fluorescent colors shall be prohibited. 3. Building trim and accent areas shall be limited to one primary color. The use of a primary color in the building trim is limited to a two (2) foot wide band around the building. Neon tubing shall not be an acceptable feature for building trim or accent areas. Entryways: Each large retail establishment shall have a clearly defined customer entrance featuring no less than three (3) of the following: 1. Canopies or porticos; 2. Overhangs; 3. recesses/projections; 4. Arcades; 5. Peaked roof forms; 6. Arches, 13 of Lost Lake Reserve, CUP amendment 7. Architectural details such as the work and moldings which are integrated into the building structure and design; 8. Integral planters or wing walls that incorporate landscaped areas and areas for sitting. Signage: 1. Neon tubing shall not be used in building signage. The letters in the signage shall be the primary color. 2. Signage may include store identification including garden center and contractor pickup, etc., but not advertising such as "We Sell for Less" or "Low Prices", etc. Outdoor storage: 1. All building or landscape materials stored outside must be within an enclosure. If the enclosure is not opaque, the enclosure shall consist of ornamental fencing as screening. Plastic slats in chain link fencing will not be allowed. 2. Shopping cart returns shall be provided within the retail structures. 3. Cart corrals or returns may be provided for in the parking lot. No advertising shall be allowed on the cart corrals. Outdoor display: 1. After business hours, all outdoor inventory must be on a concrete slab and under roof, i.e. an arcade. Section 10 — Signage 10.1 General Provision: 1.1 Anything defined as a "sign" by the City, but which is not specifically allowed by this section, shall be governed by the current City Land Development Code Signage Regulations. 10.2 Directional Signs: 2.1 Directional Signs which identify amenities and/or uses which serve the general public and/or residents of the development shall be regulated as follows: 2.1.1 Directional Signs may identify amenities and/or uses; builders and/or neighborhoods. 2.1.2 Directional Signs shall be limited to locations along Citrus Tower Boulevard and John's Lake Road within the boundaries of the development. 14 of Lost Lake Reserve, CUP amendment 2.1.3 Directional Signs shall be limited to a double faced maximum of sixteen (16) square feet per sign face, not more than ten (10) feet in height. 2.1.4 Directional Signs shall maintain a five hundred (500) foot separation from other directional signs and a minimum fifty (50) foot peripheral setback from all other signs. 2.1.5 Directional Signs shall be setback a minimum of five (5) feet from all property lines, provided that a safe line of sight is maintained and the placement of said sign does not otherwise create a hazard to pedestrian or vehicular traffic as determined by the City of Clermont. 10.3 Main Entrance Signs: 3.1 Main Entrance Monuments may be located at the main entrance to the project at US Highway 27 and John's Lake Road. 3.2 Main Entrance signage shall include either one of the following: 1) Entrance Monument signs and a Project Identification Sign in the median of the entry or 2) Project Identification Signs on either side of the right-of- way only. 3.3 Main Entrance Monuments may be placed adjacent to the north and south right-of-way lines of John's Lake Road and shall have a five (5) foot setback provided that placement of these monuments do not create a hazard to public health and safety as determined by the City of Clermont. 3.4 Main Entrance Monuments shall be four sided structures a maximum of eighteen (18) feet high and shall be limited to the project logo and a maximum of nine (9) square feet each side. 3.5 Main Entrance Project Identification Signs shall have a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 10.4 Boundary Markers: 4.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the east entrance on John's Lake Road, either project identification signs or boundary markers may be provided. They shall be located at or near the project boundaries. 4.2 Boundary Markers shall be located along both sides of the right-of-way up to the property line provided; however, that placement of these structures 15 of Lost Lake Reserve, CUP amendment shall not create a hazard to public health or safety as determined by the City of Clermont. 4.3 Boundary Markers shall be four (4) sided structures a maximum of six (6) feet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. 10.5 Project Identification Signs: 5.1 At the north and south entrances to the development on Citrus Tower Boulevard and at the east entrance on John's Lake Road, either project identification signs or boundary markers may be provided. They shall be located at or near the project boundaries. 5.2 A single faced wall display may be located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 5.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. Such features shall consist of a double faced monument or wall with a maximum thirty-two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City. 10.6 Village (Subdivision) Identification Signs: 6.1 Village Identification Signs shall be located at the entry ways to neighborhood villages within the Development. 6.2 A single faced wall display may be located on each side of the boulevard with a maximum copy area of thirty (32) square feet and a maximum height of eight (8) feet. The wall shall be placed in such a manner that a clear line of sight is maintained and does not create a hazard to public safety, health or welfare as determined by the City. 6.3 In lieu of the single faced wall display on each side of the boulevard, the developer may elect to locate identification signs within medians of the entry boulevards. 6.4 Such features shall consist of a double faced monument or wall with a maximum thirty-two (32) square feet of copy area per sign face. The structure shall be located a minimum of ten (10) feet from edge of pavement, provided that a clear line of sight is maintained, and the 16 of Lost Lake Reserve, CUP amendment placement of these facilities does not otherwise create a hazard to public safety, health or welfare as determined by the City. 10.7 Gateway Markers: 7.1 Gateway Markers may be located at all four (4) corners of the intersection of Citrus Tower Boulevard and John's Lake Road. Boundary Markers shall be four (4) sided structures a maximum of six (6) feet high. Boundary Markers shall be limited to the project logo and a maximum of four (4) square feet each side. 10.8 Multi -Tenant Identification Signs: 8.1 Multi -Tenant Identification Signs shall be located along US Highway 27, Citrus Tower Boulevard, John's Lake Road and the uninterrupted parking drive within Parcel 'W'. Multi -Tenant Identification Signs shall be in conformance with the City of Clermont Land Development Regulations. 8.2 Multi -tenant Identification Signs located within Parcel "K" shall allow identification of tenants within any further subdivided parcel regardless of the location of the specific sign. 10.9 Single Tenant Identification Signs: 9.1 All Single Tenant Identification Signs shall be monument signs and the overall size of the sign including sign face and base shall be limited to 100 sq. ft. The height and setback of Single Tenant Identification Signs shall be in conformance with the City of Clermont Land Development Regulations. 10.10 Minor Identification Signs: 10.1 Minor Identification Signs shall identify community amenities located within the development such as, but not limited to: parks, schools, and tot lots. 10.2 Minor Identification Signs shall be a double-faced pole, pylon, ground or wall sign and may be located at each common area or facility and shall have a maximum copy area of sixteen (16) square feet per sign face, a maximum height of eight (8) feet and a minimum setback of five (5) feet from property lines. Section 11 — Public Safety PUBLIC SAFETY COMMUNICATIONS AMPLIFICATION (Bi-Directional Amplified Distributed Antenna System) 17 of Lost Lake Reserve, CUP amendment Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure or any part thereof or cause the same to be done which fails to support adequate radio coverage to public safety service workers, including but not limited to firefighters and police officers. For the purposes of this section, adequate radio coverage shall be as determined by the city fire official. The frequency ranges which must be supported include frequencies in use and/or licensed to the fire, law enforcement and EMS providers for the City of Clermont. The building official and/or City of Clermont Fire Marshal may require tests as evidence of compliance to be made at no expense to this jurisdiction. Buildings and structures over thirty-five (35) feet in height, buildings with below grade spaces or parking, buildings with any floor greater than 30,000 square feet and other buildings where required to provide adequate signal strength which cannot independently support the required level of radio communications coverage shall be equipped with any of the following in order to achieve the required adequate radio communications coverage: a radiating cable system or an internal multiple antenna system with FCC type -accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve (12) hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. For purposes of this section elevators may be excluded from the definition of "all parts of a building" or "any part thereof'. The requirements of this section may be waived by the City of Clermont fire official for buildings which do not have below grade spaces or parking in areas and circumstances where it is recognized that adequate radio communications coverage will be acceptable. A certificate of occupancy may not be issued for any building or structure which fails to comply with this requirement. Section 12 — Developer Commitments & Design Standards The Developer has agreed to include specific commitments & design standards as part of this CUP, and is incorporated as Exhibit T". The City and developer recognize that the Code of Ordinances and specifically the Land Development Code requirements may prevail where applicable. ltCityhaikshares\Pfannirig at— Zoning'Deve oiments,,CUP'si'ost Lake Res rvd,,lost Lame CUP P&Z12-1.C;C;:3-23-1G,doc 18 of Lost Lake Reserve, CUP amendment EXHIBIT "A" Lost Lake Reserve — Master Plan 19 of Lost Lake Reserve, CUP amendment EXHIBIT "B" Parcel C1 and C2 Conceptual Site Plan Y.. �r. i � � � }' 3ARWL .4 t � � ���~�� •.+k iYl' � .�, '�' � � � .. cMM'.W':`arT l— � � 1 < \� 71 ., PARCEL C1,- 14.72 ac PARSELC2' .'t� / 18 41 _ _. a _, EX2E�A1G .M6:kXi �}`NK U%�-s�.e1C Ask �„sr ,••.-"--".�,�.-°"-. � �, � _ P&vd C1 = Wi ACM LINEAR PARK TRACT Parcel C2 = 14.72 Pxm 1.33 BeTOW Posaw9 31.13Acm LOST LAKE DESERVE AZCOM PARCEL C-1 ILLUSTRATIVE PLAN 20 of Lost Lake Reserve, CUP amendment LOST LAKE RESERVE FORUM A=COM PARCELC-1 ILLUSTRATIVE RENDERING "` 06 March 2010 21 of Lost Lake Reserve, CUP amendment EXHIBIT "C" Citrus Tower Blvd. Landscape Median Plan (Trom Steve s Koaa to jonn-S LaKe Koaa) kj 3" A _j nn m,� stele In rsa'I Design - Median canopytrees are randomly spaced 40-60 feet on center to reinforce the informal design ofthe existing roadway plantings. Canopy trees are limited to areas where the median width equals or exceeds 12 feet. Narrow median sections and intersection nosings are planted with clusters of ornamental trees in shrub and groundcover beds. Landscape palette - All species are taken from the plant palette of the existing roadway planting design. These plants are also selected based on their low irrigation and maintenance requirements Trees- 65-ga lion Live Oak 65-gallonTus-carora Crape Myrtle in standard (single-trunked) form Shrubs/Groundcover- Stokes DwarfYaupon Holly Blue Pacific Chinese Juniper Indian Hawthorn Gold Mound Lantana C,qY -f " 0 clf'rmont GC?W(j't'6j1A'; (9 Lost Lake Reserve- Citrus Tower Boulevard Median Design October 21, 2009 19 GILAMNIS t11fK-V-14KF;1CNERANN I N 22 of Lost Lake Reserve, CUP amendment EXHIBIT "D" Developer Commitments & Design Standards Lost Lake Reserve - Parcels C1 and C2 3.11.10 Lost Lake Reserve has requested a CUP modification to allow: 1. Park/recreation/athletic field uses on the northern part of Parcel C (Parcel Cl), and 2. The ability to build 192 residential apartments on the remaining southern part of Parcel C (Parcel C2). The owners of the two parcels will each be required to present detailed site plans to the City for review and approval prior to moving forward with actual development. Neither the Real Life Church/School nor Lost Lake Reserve, LLC are ready to proceed with development of either parcel at this time, but are interested in getting the zoning approvals necessary to accomplish the apartment and park plans. Due to concerns expressed by a few neighbors, and at the direction of the City Council, the owners have prepared detailed illustrative plans that further define the proposes use, met with neighbors again to review the plan and have established the following commitments and design standards, which they agree may be made part of the City's CUP approval. The standards are represented in the attached illustrative plan, which should also be made part of the record to document the City's final action. Developer Commitments and Design Standards Overall The developer shall meet all City code requirements and the Lost Lake CUP conditions as approved and those conditions recommended in the City's report prepared for the 2.9.10 City Council meeting, including, but not limited to: 1. Landscaping the median of Citrus Tower Boulevard from Steve's Road to the south end of Lost Lake Reserve. 2. Providing funding for the signalization of Citrus Tower Boulevard and Steve's Road intersection. If the signal is constructed prior to development of Parcel C, Lost Lake shall pay the City the amount to construct the signal, not to exceed $200,000 to be utilized by the City to benefit the regional transportation network. The City shall assist Lost Lake in obtaining impact fee credits and applying the amount to the future proportionate share payment due for Phase II of the Lost Lake DRI. Parcel C1 — Park/Recreation/Athletic Fields 1. The Deed conveying the land to the Real Life Church / School shall: i. Restrict the use of the parcel to allow only athletic fields, recreation, open space, parking uses and support facilities such as maintenance and restroom buildings. 23 of Lost Lake Reserve, CUP amendment ii. Require parcel to be operated, managed and maintained by Real Life Church/School or their successors and assigns. iii. Prohibit sale or transfer of land to another party unless it is associated with the Real Life Church or another similar religious organization who will operate a church and school; ownership would instead revert to Lost Lake Reserve, LLC or the City of Clermont. 2. The CUP Zoning Conditions for Parcel C1 shall include the following restrictions: a. Perimeter buffering will be handled working with existing grades to construct a 4-6 foot high landscaped berm along the perimeter facing Citrus Tower Boulevard and Steves Road except for that portion near the intersection of Citrus Tower and Steves that would be adjacent to the proposed stormwater retention area. b. On -site drop-off areas and parking for the athletic fields will be provided. c. Exterior lighting will meet City codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. d. Public address systems, if any, will be designed to direct the sound to the spectators and not toward adjacent residences. e. Hours of operation for the ball fields will be limited to 8AM to 9PM on Monday -Thursday, 8AM to 10PM on Friday and 8AM to 10PM on Saturday and 10AM to 9PM on Sunday. f. Vehicular access will be limited to an entry drive from the existing Church/School entry road, except that a controlled entry point will be allowed on Citrus Tower Boulevard for limited overflow/grassed parking. g. The athletic fields will be laid out and fenced as needed to prevent baseballs from being hit into adjacent roads. Parcel C2 — Residential 1. The parcel will be limited to 192 residential units. 2. Uses will be limited to residential uses including apartments not to exceed 12 units per acre. 3. The primary access will be provided at the existing approved cut off road, which serves as the main entrance for The Vistas. Secondary access will be provided via The Vistas' circulation system with access out onto the Reverse Frontage road. No new direct access to citrus Tower will be permitted. 4. The neighborhood will be served by private roads and will be gated. 5. Exterior lighting will meet city codes and will be designed by a lighting professional to provide proper fixtures, heights, direction and shielding. 24 of Lost Lake Reserve, CUP amendment 6. A wall similar to the wall on the east side of Citrus Tower will be constructed along the Citrus Tower frontage along with a security fence around the balance of the perimeter of the site. 7. Minimum setbacks from right-of-way of Citrus Tower Boulevard: a. Parking: 50' b. Buildings i. One story: 50' ii. Two stories: 100' iii. Three stories: 150' iv. Building will be staggered from 1-story to three stories as shown in the zoning plan. 8. Maximum building height: 35'; 3 stories. 9. Buildings will utilize a similar architectural theme and quality as the existing residential units at the Vistas at Lost Lake. Note: City codes may prevail in any instance where appiicable. p:\21\21215 - lost lake dri m&m review\land use\commitments and dsign standards re future site plans.docx 25 of Lost Lake Reserve, CUP amendment CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION DATE: 8-15-2010 PROJECT NAME (if applicable) Lost Lake Resrve APPLICANT: Lost Lake Reserve, LLC c/o Maxcy Development Group CONTACT PERSON: Michael Dady Address: 3434 Colwell Ave, Suite 120 City: Tampa State: Florida Phone: 813-915-3449 ext:108 Fax: 813-915-0649 E-Mail: mdady@maxcydevelopment.com FEE: $1500.00 Zip: 33614 OWNER: Lost Lake Reserve, LLC c/o Harry Lerner Address: 3434 Colwell Ave, Suite 120 City: Tampa State: Florida Zip: 33614 Phone: 813-915-3449 ext:106 Fax: 813-915-0649 Address of Subject Property: Parcel C at SW Corner of Citrus Tower Blvd and Steve's Rd General Location: SW Corner of Citrus Tower Boulevard and Steve's Road Legal Description (include copy of survey): See attached survey of parcel "C" Land Use (City verification required): DRI Zoning (City verification required): PUD 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. o change ffie-incorrectly stated acreage of parcel - rom 20.77 acres to 14.73 acres. No land use changes are being requested The requested change is appropiate to correct the existing UUP acearage and allow the contemplated use ot the subject property and the adjacent property as shown on Exhibit B. Michael Dady X Al Applicant Name (print) Applicant ame ( e,) Harry Lerner X - 71---, Y.L- Owner Name (print) ner Varne, (signaitw'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 Parcel C2 = 14.72 Acres Total Acreage = 31.13 Acres LOST 1.33 aLOST LAKE'. RESERVE' A ECOM PARCE4.C*1 aLYSTRATIYH !L ,�N.' El CITY OF CLERMONT 1 PLANNING & ZONING COMMISSION October 5, 2010 CLERMONT CITY COUNCIL October 26, 2010 PROJECT NAME: Thrill Tech Studios, Inc. OWNER: Sheri Young — Dream Music, Inc. APPLICANT: Deon Young REQUESTED ACTION: Request for a CUP to allow a multi -media sound recording and mixing studio with offices in an R-3-A Residential/Professional District LOCATION: 180 Highland Ave. EXISTING ZONING: R-3-A, Residential/Professional District EXISTING LAND USE: Vacant building FUTURE LAND USE: Office SURROUNDING CONDITIONS: ZONING DISTRICT EXISTING LAND USE FUTURE LAND USE NORTH: R-2, Medium Density Cemetery Public Facilities/Institutional Residential SOUTH: R-2, Medium Density Lineal Park & ROW Parks Residential EAST: R-3-A, Residential/ Office Office Professional District WEST: R-3-A, Residential/ Office Office Professional District ROAD CLASSIFICATION: UTILITY AREA: SITE UTILITIES: SITE VISIT: SIGNS POSTED: Highland Ave, — Local City of Clermont Water / Sewer City of Clermont Water / Sewer 9/9/10 By applicant. 1 of Thrill Tech Studios - CUP ANALYSIS The applicant is requesting a Conditional Use Permit (CUP) to allow a multi -media sound recording and mixing studio with offices in an R-3-A Residential/Professional District. Office uses and similar uses are designated as requiring a CUP within the R-3- A district. The applicant is proposing to utilize 1,726 square feet for this use which requires a high level of sound proofing because of the sound sensitive requirements of studio recording. No residential uses are adjacent to the site. There is one variance requested for three of the required parking spaces to be grass. STAFF RECOMMENDATIONS: Staff believes this area is suitable this type of use and recommends APPROVAL of the request for a CUP to allow a multi -media sound recording and mixing studio with offices. Aerial view: 2 of Thrill Tech Studios - CUP 3 of Thrill Tech Studios - CUP CUP CONDITIONS: Section 1 - General Conditions 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. 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 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. 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. 9. Should this use cease operation for more than 180 days, a new CUP shall be required for the same or similar operation. 10. 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. Section 2 — Land Use The property is approved for use as a multi -media sound recording and mixing studio and offices, as well as uses permitted with the R-3-A zoning district. 4 of Thrill Tech Studios - CUP e • CITY OF CLERMONT 41< ICONDITIONAL USE PERMIT (CUP) LK APPLICATION DATE: ' FEE: UV PROJECT NAME (if applicable):z 4:n�z lz-r, APPLICANT: CONTACT PERSON: D Address:12 J City: J tate: — Zip: Phone: ;-2-92 5Z2-4 is � y� 76 '�.'�la� E-Mail: /I/I?�"�717/'J fez 0 ���'�1 /` 6,z OWNER: 2P4 &j,- L Address: -I City: St, Phone: �Is: :::� 4a - Address of Subject Property:M-e4kIzzlolz��2C—L/TZ) General Location: r Legal Description (include copy of survey): a r J jq-F -W k i-4 f �> Land Use (City verification required): r 0 Zoning (City verification required): rI/ of /off, 7ai"V 7*e Eq,t I P4 x/'z NorAe, ly f 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. 7�r; it fech S+u�l�'�s i5 a ► U14i-mPdI'a �ac-for Sound f 'c (2IN i ous r4l e cis. e 4 fr eo �' ar4 I's e r�/_ h r Seel,- �.t ern ��s _� � h _ ..�,►�? ' Ci. rM.t1C�.i.Tl�/.7/.� csr__-/7 P -P e W u Applicant Name (print) r i' r1 Owner Name (print) * * * * * * 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 u mI. _-- ------------------- I �y I x I I r— x — x I I LOT 1 I I I I I I ` ------------- W I ' g I I =. I - I i ;y I I I I I BLOCK R I SUNNYSIDE UNIT, CLERMONT j HEIGHTS 1 ' I I I LOT 4 I I I I I I I I I I . I I I I I I I f I I I I / - - - - - - - - - - I ----•a.. U S 4MnM/ > Hie' we Sd9i1`41'E 30.OD' .9i g a . g� 2 I I I I I � I I I k-------------`-- I x. %Mw I ®I I O I I„ I I ;iWJ I ' I I I LOT 2 EX. SINGLE STORY ,I I CONC BLOCK WITH = VVV WOOD PANEL FACE ±© /1 F.F.E, 132.85¢., I s1,726S.E5.F. W I •o �I I I U I I I: L I ••• R.1762.09' O.3"16'S4' L-100.92' 9TE BN E. sot ND4'4D 43RO3'W HN 100 21' SITE PLAN 8 .T 1/ - we /' SOIIe: E•_ 20' 3w SCALt IN POST CONDMONAL USE ALLOWS PERSONAL SERVICE ESTABUSHMENT AND INCLUDES MUSIC STUDIO. EXISTING BUILDING s 1,822 S.F. EXISTING USE: OFFICE: INSURANCE OFFICE PROPOSED USE' MULTIMEDIA RECORDING STUDIO RECORDING FILM COMPUTER ANIMATION MULTIMEDIA WEB DESIGN MUSIC RECORDING ZONED: R-3-A RESIDENTIAUPROFESSIONAL DISTRICT MAX. BUILDING HEIGHT: 45.00 PARKING: 11200 S.F. OFFICE IMPERVIOUS: MAX. 70% SETBACKS: FROM 25' SIDE 15' REAR 25' LANDSCAPE BUFFER'. FRONT 15' SIDEIREAR TO MIN. 3 TREES1100 LF. SHRUBS- CONTINUOUS 30' SIGHT TRIANGLE @ ENTRANCE VARIANCE REQUEST: TO ALLOW 4 GRASSED PARKING SPACES AS UTILIZED BY PREVIOUS OWNER. LEGAL DESCRIPTION: LOT 1. LESS THE WEST $0.00 FEET THEREOF. ALL OF LOT 2. AND THE EAST 20DO SECT OF L07 3. BLDC G TR A 4 SIIINY50E MIT.CLERMMONT HEIGHTS. ACCORDING THE MAP OF AT THEREOF AS RECORDED IN RAT BOOK B. PAGE(S) 66 AND 67. PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. TOGETHER win THE REST 1/2 OF CLOSED OREM STREET. LYING EAST OF LOTS 1 TROUGH 4. NORTHERLY 10 M CENTER ME OF BROOM STREET, LAKE COUNTY. FLORIDA. L0.49 ACRES (21,345 SF.). U (zn _ I _O z w U w J U MJ_ 1..L� 2 NOTES: DATE: AUGUST 2010 1 REPRODUCTIONS OF THIS SURVEY ARE NOT VALID WTNOUT THE SIGNATURE AND OTIGNAL DESIGNED BY: SPH RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ORMAN BY: SPH 2. CERTIFICATION IS LIMITED TO PARTIES MANED HEREON. 3. BEARINGS SHORN HEREON ARE BASED ON STATE PLANE COORDINATES (FLORIDA CAST ZONE) CHECKED BY.: DKB 4, UNDERGROUND IMPROVEMENTS SUGH AS UTLITES, FOUNDATIONS. ETC. WERE NOT LOCATED. JOB NO.. 1000034.0000 5 ELEVATIONS ARE RELATED TO NORTH AMERICAN VERTICAL DATUM OF 19W (NAVD BB). FILE NAME' THRILLTECHIST SOURtt BENCH MARK USED -CPS U' AS PUBLISHED ON THE LAKE COUNTY N%ftACfrK (., CONTROL MAP, I I 6. MS SURVEY MEETS ALL APPLICABLE REOINRCM[NTS OF THE FLORIDA MNIMIN TECHNICAL STANDARDS AS CONTAINED N RULE 5J-17052 OF M FLORIDA ADMINISTRATIVE CODES. 7. THE LEGAL DESCRIPTION WAS TAKEN FROM INSTRUMENTS OF RECORD. 6. LANDS SHORN HEREON UE N FLOOD ZONE -x- (ARIAS DETERMINED TO BE OUTSIDE OF THE 500 YEAR FLOOD PLAN) AND FLOOD ZONE -AE- (NTHH A BASE FLOOD ELEVATION DETERMINED TO BE 124 FEET) ACCORDING TO FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 12069C 0545 D Err E TM DATE- MY 3. 2002. 9. DATE OF FIELD WORK IS REFLECTED N TITLE BLOCK. U07 THE DATE OF SIGNATURE. 10 LANDS SHOM HEREON K(RE NOT ABSTRACTED FOR EASEMENTS. RIGHTS OF NAY. OLNERSHIP OR OTHER MATTERS OF RECORD By THIS FIRM. DUANE K. BOOTH, IE Rapistared Enfl 44631 SET 51W RC SET 51r IRC La 7514 S89'21'41•E /tB 7514 30.00, r?C SITE PLAN Scale: 1'- 20' 2V 0 2d w' SCALE IN ►ART CONDITIONAL USE ALLOWS PERSONAL SERVICE ESTABUSHMENT AND INCLUDES MUSIC STUDIO. EXISTING BUILDING t1,822 S.F. EXISTING USE: OFFICE: INSURANCE OFFICE PROPOSED USE: MULTIMEDIA RECORDING STUDIO RECORDING FILM COMPUTER ANIMATION MULTIMEDIA WEB DESIGN MUSIC RECORDING ZONED: R-3-A RESIDENTINLIPROFESSIONAL DISTRICT MAX. BUILDING HEIGHT: 45.00 PARKING: U400 S.F. OFFICE IMPERVIOUS: MAX. 70% SETBACKS: FRONT25' SIDE 19 REAR 25' LANDSCAPE BUFFER: FRONT IV SIDEJREAR 10' MIN. 3 TREESl100 LF. SHRUBS -CONTINUOUS SO SIGHT TRIANGLE @ ENTRANCE VARIANCE REQUEST: TO ALLOW 3 GRASSED PARKING SPACES AS UTIUZED BY PREVIOUS OWNER. 1� •. �I LEGAL DESCRIPTION: LOT 1, LESS THE WEST 80.00 FEET THEREOF. ALL OF LOT 2, AND THE CU MONT NDtliT�AC 0 DING TO � MAP F PLAT THERYSIDE EOF AS RECORDED IN PLAT BOOK 8. PACE(ST 66 AND 57' PUBLIC RECORDS OF LAKE COUNTY. FLORIDA YOGETHER WITH THE WEST I OF CLOSED DREW STREET, LYING EAST OF LOT.'. i THROUGH 4, NORTIFRLY 10 THE CENTER LINE OF BROOM STREET, LAKE COUNTY, FLORIDA. t0.42 ACRES (21.345 SF.). NOTES: 1. REPRODUCTIONS OF THIS SURVEY ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2, CERTIFICATION IS UMITED TO PARTIES NAMED HEREON. 3. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES (FLORIDA EAST ZONE). 4. UNDERGROUND IMPROVEMENTS SUCH AS UTKITES, FOUNDATIONS. ETC. WERE NOT LOCATED. S. ELEVATIONS ARE RELATED TO NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 86). SOURCE BENCH MARK USED 'GPS 13' AS PUBLISHED ON THE LAKE COUNTY INTERACTIVE CONTROL MAP. S. THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA MINIMUM TECHNICAL STANDARDS AS CONTAINED IN RULE 5J-17052 OF THE FLORIDA ADMINISTRATIVE CODES. 7. THE LEGAL DESCRIPTION WAS TAKEN FROM INSTRUMENTS OF RECORD. & LANDS SHOWN HEREON UE IN FLOOD ZONE 'X' (AREAS DETERMINED TO BE OUTSIDE OF THE 500 YEAR FLOOD PLAIN) AND FLOOD ZONE 'AE' (WITH A BASE FLOOD ELEVA71ON DETERMINED TO BE 124 FEE TI ACCORDING TO FLOOD WSIMANCE RATE MAP COMMUNITY PANEL NUMBER 12069C 0545 O EFFECTIVE DATE DULY 3, 2002. 9. DATE OF FIELD WORK IS REFLECTED IN TITLE BLOCK. NOT THE DATE OF SIGNATURE. 10. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS. RIGHTS OF WAY, OWNERSHIP OR OTHER MATTERS OF RECORD BY THIS FIRM. CITY OF CLERMONT PLANNING & ZONING COMMISSION October 5, 2010 CITY COUNCIL October 26, 2010 PROJECT: T. D. Weaponry Gun Range REQUESTED ACTION: Request for a Conditional Use Permit (CUP) to allow a Gun Range within the C-2 General Commercial District. APPLICANT/OWNER: David Heck LOCATION: West of Highway 27, south of Twisty Treat and North of Desoto St. EXISTING ZONING: C-2, General Commercial EXISTING LAND USE: Vacant Land FUTURE LAND USE: Commercial NORTH: C-2, General Commercial SOUTH: C-2, General Commercial EAST: C-2, General Commercial WEST: C-2, General Commercial EXISTING LAND USE Commercial McKinney Park & vacant Commercial U.S. 27 & Commercial Vacant & Residential ROAD CLASSIFICATION: Highway 27 — Arterial UTILITY AREA: City of Clermont, Utility Service Area SITE UTILITIES: City of Clermont water and wastewater SITE VISIT: 8/27/10 SIGNS POSTED: By applicant FUTURE LAND USE DISTRICT Commercial Commercial & Parks Commercial Commercial & LD Res. ANALYSIS: The applicant is requesting a CUP for an indoor gun range in the C-2 General Commercial zoning district. The gun range consists of 12 shooting stations 1 of TD Weaponry - CUP 2 of TD Weaponry - CUP Proposed Site Plan: i7 I llIII 1I4 x✓ - STAFF RECOMMENDATION: ExbtU!¢ 51ACMe�k 4? : 1 •r i ._ S.�y co me z T.blare e5actbn u(ll5 2 ) �.. ji i j — ✓ ;' ' y aw� [ywan o. ♦T YR S pf .-27 The applicant has worked with staff to address various site development issues and complete a site plan for the CUP. However, because of the proximity to residential land (west), McKinney Park and Clermont Elementary School, staff recommends denial of this indoor gun range use, at this location. If City Council approves this request, the following CUP conditions are proposed. 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 TD Weaponry - CUP t 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 final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. 6. 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. 7. This Conditional Use Permit shall be recorded by the City into the Public Records. 8. No business can occupy any portion of the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 9. 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 permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 10. The OWNER shall be responsible for all applicable fees including but not limited to impact fees, connection fees and permitting fees. 11. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. Section 2 — Land Use 1. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to require additional sound attenuated measures be in installed. Any range noise must be inaudible from the adjacent properties. 2. The property shall be developed in substantial accordance with the conceptual Conditional Use Plan site plan dated 6-1-09 as prepared by Denham Summitt 4 of TD Weaponry - CUP Engineering, LLC. 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 Conditional Use Permit site plans submitted with the CUP application are not the approved construction plans. 3. Should this use cease operation for more than 180 days, a new CUP shall be required for the same or similar operation. 4. In the event that the gun range ceases operation, the range portion may only be used as storage/warehouse space for a permitted business unless a parking variance is applied for and granted. This is due to the actual range area not being calculated for parking. Section 3 - Transportation Improvements 1. Desoto Street shall be constructed by the applicant in accordance with City codes to connect to the existing street and U.S. 27 prior to issuance of the Certificate of Occupancy. 2. Sidewalks shall be required along all public road frontages in accordance with FDOT regulations and City Codes. 3. A traffic study shall be required to address any connection to U.S. 27 as needed per Code or policy. FDOT and City of Clermont shall determine if any deceleration turning lane off U.S. 27 would be required for access to DeSoto Street. Installation shall be at the developer's cost. Section 4 - Architectural Design Standards All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be allowed: 1. All fencing within public view shall be ornamental metal or brick, as approved by the City's Site Review Committee. 2. A security plan for the building must be submitted to the City for approval by the Police Dept. and staff, and may include items such as, but not limited to: security lighting or cameras. ilCityhal1"SharesTlatin i ng and 7.otlirig `%Dovolopni(ei)tslCLIFP's,TD Weppanry CUP P&ZI6-5,1v-26-1G.doc 5 of TD Weaponry - CUP ee�< CITY OF CLERMONT CONDITIONAL USE PERMIT (CUP) APPLICATION DATE: August 24, 2010 FEE:$350.00 PROJECT NAME (if applicable):T.D. Weaponry Gun Range APPLICANT:David Heck CONTACT PERSON:David Heck Address:16129 SR 50, Suite 106 City: Clermont Phone:407-656-8855 E-MalI:tdweaponry@earthlink.net State:FL Zip:34711 Fax:407-656-8815 OWNER:David Heck LLC d.b.a. T D Weaponry AddreSs:16129 SR50, Suite 106 City:Clermont State:FL Zip:34711 Phone:407-656-8855 Fax:407-656-8815 Address of Subject Property: no official address shown on Lake Co. Property Appraiser General Location: 1 block south of the SW corner of W. Montrose ST. & US 27 Legal Description (include copy of survey): Lot 1,2 and 3 Block 1 and Lots 1 and 2, Block 2, Homedale, according to the map or plat thereof as recorded in Plat Book 11, Page(s) 26, Public Records of Lake County, Florida, LESS AND EXCEPT the described in the Quit Claim Deed recorded December 4,1997 in O.R. Book 1566 Page 924, Public Records of Lake County, Florida. 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. The CUP is for a request to allow a gun range and gun store use within the C-2 General Commercial zoning district per: SEC. 122-224. Conditional uses. b) In case of uncertainty of the classification of any use, uses may be permitted which, after consideration by the planning and zoning commission and approval of the city council, are not more obnoxious to district than the uses provided in this section. All conditional uses must be provided per chapter 86, article III, division 3. David J. Heck Applicant Name (print) David J. Heck Owner Name (print) ******NOTICE****** IF THIS APPUCA71ON 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 D NYLON STRAPPING KIT WITH � a� o., �. � a'e �2'X4'X3 STAKES BURIED °? 3' BEAW SURFACE W/ PLAN WIRE LOCATION) to 0.�o:D p 0,", HT. PLASTIC PIRG WHITE PLASTIC FLAG ABOVE GALV. TURNBUCKLE PROTECT TR[C WITH I/2' DIA BLACK RUBBER HOSE 4'O ABOVE GROUND. T'P. ABOVE FIRST MAIN UM55 MULCH, 3' MIN., I' OVER ROOTBAIL TYP. NNI5HED GRADE SOIL BERM i0 HOLD y WATER. 6' TYF. NOTE:% PREPARE PLANTING CONTRACTOR SHALL lc - SOIL AS SPECIFIED ASSURE PERCOLATION G' CLEAN COURSE Of ALL PLANTING PITS PRIOR TO INSTALLATION !_Y BUILDERS SAND LARGE TREE DETAIL 3ceia ,L'9. Lsnt LCH, 3' MIN., LOVER ROCTBALL TYP. - `y '� NYLON STRAPPING KIT WITH SOIL BERM TO HOLD Z 4rl STAXIS BURIED 3• BELOW 5L AC[ W/ WATER G' TYr. HT. PLASTIC FLAG THREE 2 X4'Xd 5TAKE5:•- i 3 PREPARE PLANTING SOIL NOTE: "� ! i AS 5PECIMED CONTRACTOR SHALL A55URY PERCOLATION OP ALL PLANTING PITS G' CIY.AN COURSE Molt TO INSTALLATION BUILDERS SAND MULTI TRUNK TREE DETAIL 2 Iw KTB. LS41 MULCH. 3' MIN., I' OVER ROOTEAL TYP. 501L BERM TO HOLD WATER. 6' MIN. NOR: CONTRACTOR SHALL A55URE PERCOLATION _ OF ALL PLANTING PITS PREPARE PLANTING PRIOR TO INSTALLATION SOIL AS SPECIFIED 5HRU6 DETAIL leaf. N.T.S. SEE EN LLISTRPOR (O.C.) SPACING. 15' MIN. SETBACK FOR SHRUBS 12' MIN. SETBACK FOR GROUNDCOV[R5 1 CI1RB / EDGE OF PAVEMENT/ �R SETBACK 'uED .M TH[ PERIMETER OF ALL CURVED PLANTING } BED5 SHALL BC PLANTED WITH A ROW OF SHRUBS AS SHOWN IN THE PLANS AND AT THE SPACING SHOWN IN THE PLANT } UST. INTERIOR PORTIONS OP EACH BED SHALL BE PLANTED AT APPROPRIATE 51-ALING ACCORDING TO THI5 PLANT SPACING DETAIL PLANT SPACING DETAIL n Srralm elis. ISd, SMOOTH GRAD[ TRANSITION - GROWN 15LAND V 6: I SLOPE -TYP. CURB PARKING SPACFJA5PHALT — 1 l `� Y i ' `, \} ,,�'�•' 1 ,,1 ' L TTREES SHA 5E LL' LQGATED NO CLOSER THAN 5' FROM UTII (TIES. � `1 � .���� _____._._.__.-�--a�I,•-- �. ____ ___ _ --\ 1p � ' +i , it k� � � ` ; i , k '•i I 10' LANDSCAPE BUFFER- .1 TREES PER 00 LF / __ ley LF-1 TREES REC. (4 CANOPY, 2 WDERSTOF;1') 4 CANOPY- 2 IJNDERSTORY PROVIDED 4 ` i 1 1 LAG 30 g LAG MU3 OUe IAIJ UO STY ;il'` ; t �,'i1l '1 1 1 -3 gal _ - ; \ i „ 50 kE \ 1il i LIE LAU 1- 5 gat VIB OBO ! 3-3 gal AWI,M,N wan SO I ° 0 !VIB E. -6 ga 1 VI 10' LANDSCAPE RIPPER- 3 TREES Pill ice LF I -if IR 9a ,L ' 9a! 131 LF 6 REO. (3 CANOPY, I INDERBTORY7 3 CANOPY- 2 UNDER9TORY PROVIDED pANOBCApLDLFfER- 3 CANOPY TREEB'a 1 9 _ VIB OBO _ORY S LINDER8TORY TIME&, PER 100 LF I I GAL GL2 J/ PRO'ADED UNDERSTORY TIME8 7 4o1 rw TM 65 gal.D• 9a i ` IIAG \ 1, i gai PRU AR ' 1 ' 30 9A I I ' �`• MA.G GRA1 tl •fit 'i 1 \` t .S-4 m 1e 2,1895E + ^( Retail 8-3 gal 5/7 "ILE .. ! ACE RE . I 5 gal -- I SOD / ll CIA VAR -I gai m Z PRU CAR 507 ° fI MU I O 1 — — — — — — -30 gal 500 ' AC RE CUE UU PIN ELL OUE LAU PIN O TY a 3 3 11 1 $E- I- 2-65 al 1 -65 Z 3-30 aI 1 -6 gal 3-30 gal I• J t 9a1 ^� 15' LANDSCAPE 3IAER. 3 CANOPY 3 WDERSTORY TREES PER 100 LF TREES a ' - - . - 05 LF-b CANOPY, 5 IPJDER6TORY TREES RECUIRED b CANOPY- 5 l2JDERETOF PIeDNDEC •.�_� - ,.•. -. PTTURERCAD' -." - .' _ a; PLANT 5CHEDULE LAND5CAPE NOTE5: DECIDUOUS TREC5 QTY BOTANICAL COMMON CONT CAL SIZE REMARKS 1. ALL PLANT MATERIAL SHALL BE FLORIDA GRAD[ NO. I OR BETTER AS SPECIFIED IN 'GRADES ACE RES 3 Arcs , tb Red M.Ple 65 gal 3"Cal 10'-I 21 AND STANDARDS MR NURSERY PLANTS', TART5 I AND 2, BY DIVISION OP PLANT INDUSTRY, UQ STY 5 Ugadambr stynuflw Swcc. Gum 65 gal 3'Cal 12' HT. 4' C.T., 5' C.S. PLORIDA'. DEPARTMENT OF AGRICULTURE AND CONSUMER 5LCVICES, AND SHALL CONFORM TO CURRENT AMERICAN ASSOCIATION OF NURSERYMEN 'STANDARDS FOR NURSERY STOCK, EVERGREEN TREES OTY BOTANICAL COMMON CONT CAL 51ZE REMARKS LATEST EDITION. IDEA$ 4 Ilea atte,rvata ' East Palatka' Cast Palatal Holy 30 gagaI YCaI 3M O' Y. 2. THE LANDSCAPE CONTRACTOR SHALL Be RESPONSIBLE FOR VERIFICATION OF QUANTITIES PIN ELL 6 fins dhotb 'Densa' 51.0 Pme 30 gal 2-Cal 5'-10' H THE PLANT UST. IN THE EVENT OF A CONFUCT 3CT4t'EEN QUANTITIES ON THE PLANT L15T AND THC PLANS. THE PLANS SHALL CONTROL AND THE 0150RCFANCY SHALL BE BROUGHT TO Pi CAR 2 Pnuws wrohmana Grohna Laurd Ch erry 30 gal MI a%I 0' H THE ATTENTION OF THE LANDSCAPE AitomrmCr PRIOR TO BID. ANY DEVIATION FROM THESE QU[ LAU 4 QuerasA launfda Lalrrcl-leaved Oak 65 gal 3'Cal 10'-I Z' PLANS ML15T BC APPROVED BY THC LANDSCAPE ARCHITECT OR OWNCR5 REPRESENTATIVE. QUC VIP, Z Quercus wrglnana Soul LIve Oak 3. 65 qal 3'Cal 12' HT. CONTRACTOR 15 RESPONSIBLE FOR COMPLIANCE WITH ALL AFFUCA3LE BUILDING CODES, ORDINANCES AND LOCAL REGULATIONS. THE CONTRACTOR SHALL BE RE5PON515LE FOR PLOWERING TREES QTY BOTANICAL COMMON CONT CAL SIZE REMARK5 OBTAINING ALL NECESSARY PERMITS TO PREFORM THE WORE LAG MU3 5 Lageratroema indl 'Muskogee' Male-7n k,,d Muskagee Crape MyHI. 30ga2.5'Cal 8 -1 O' H 3' C.T., 5' C.3. q THE LANDSCAPE CONTRACTOR 15 RG5PON515IE FOR INSPECTION OF EXISTING CONDITIONS MAG GRA 4 Magnola gran Ift. 5outhem Magnola 65 gal 31A 12' HT. AND PROMPTLY REPORTING ALL DISCREPANCIES AND IMPROPER CONDITIONS (WEME55. MUCK DEBRIS, ECT TO LANDSCAPE ARCHITECT PRIOR TO BIDDING. CONTRACTOR 15 5HRU55 PE5[L ON BOTANICAL 71 Fdpa sellowlana COMMON Pineapple Guava CONT REMARKS 33 al 3O ht.a 24'-30- spd., 30' O.C. RESPONSIBLE FOR SOIL ANALY515 PRIOR TO INSTALLATION Of PLANTINGS, AND 15 RESPONSIBLE FOR ALL 501L AMENDMENTS TO CONFORM TO 5PEOFICATION5. GAL GL2 25 Galphmna gi.— Thryale 70 36'-42' Mx 30'-36' spd. 5. ALL TREE MATERIAL SHALL BE CONTAINER GROWN UNLE55 OTHERWISE SPECIFIED. LOR FRI 42 Lorop&A— ch,— r kb ' Ra&-tb ' Raaaleben, Prange Fk-- 3 gal 24'-30' ht. a 24'-3(7 spd.. 3P O.C. 6. THE LANDSCAPE CONTRACTOR SHALL AQUAINT HIMSELF WITH ALL CIVIL DRAWING AS THEY RELATE TO PAVING SITE GRADING, AND ALL UTILITIES, pNCLUDING WATER SEWER AND RMA ALB 9 Rhaph.olcps ,M— 'Alb.' Wh,te :Man Hawthorn 3 gal 13'-24' ht.a 18'-24' spd.. 24' O.C. CLCCTRICAL SUPPLY) TO PRECLUDE ANY MISUNDERSTANDING AND ENSURE TROUBLE FREE VIB OBO 119 VlWmum abovatum Walter's Viburnum 3 gal 3P M.. 24'-30' spd.,3O O.0 INSTALLATION. THE OIACT LOCATION OF ALL DB5TING STRUCTURES, UNDERGROUND UTILITIES, E15nNG UNDERGROUND SPRINKLERS AND PIPE MAY NOT BE INDICATED ON DRAWINGS. VIB ODO 93 VIWrm,m d—b,.— Sweet V.I.— 30 24'hi 16'-24'spd_ IB'O.C. THE CONTRACTOR SHALL CONDUCT HIS WORK IN A MANNER TO PREVENT INTERRUPTION OR GROUND COVERS CITY BOTANICAL COMMON CON" REMARKS DAMAGE TO DaSTING SY5TW5 WHICH MUST REMAIN OPERATIONAL ME CONTRACTOR SHALL DIADIA AR 50 DlaneAa tasmama ' Vanegata' Ply\ ud 1 gal® 18' oc 1 Z'- 15' hi., 54 PPP, I & O.C. PROTECT unLITY SERVICES WHICH MUST REMAIN OPERATIONAL AND SHALL BE RESPONSIBLE FOR THERE REPLACEMENT IF DAMAGED BY HIM. - HEIGHT ABOVE CURB VARIES ON ISLAND WIDTH SOO 4 MLSCELLANCOU5 ITEMS 7. ALL PLANTING BEDS SHALL RECENT A 3' LAYER (LOVER ROOIPALJ OF MINI PINE BARK ' MULCH 500 M,m ne fiBah Nugget Paspalum notatum-Barn. Sod 6. NUGGET MULCH. PROJECT WILL BE 100% IRRIGATED WITH HEAD TO HEAD COVERAGE. SYSTEM WILL BE ' [QUIPPED WI AN AUTOMATIC REIN CUT -Orr SWITCH. 9. IN THE [VB/i Or A CONFLICT BETWEEN QUANTITIES ON THE PLANT UST AND THE PLANS, THE PLAN $HALL TAKE PRECEDENT. mum Landscape Designs, LLC ■ 1-andeape Architecture ■ Site Planning 4465 GebdeBa Lem Whiter Pads, FL 32M PH: (407) 484-3414 Fs (407) 671-1604 MaECTAM OMER TD WEAPONRY GUN RANGE Clty of Clermont, Florida TD WEPONRY 18129 SR50 3/06 Clermont, FL 34711 PH: (407) 856-8855 CONSULTANTS LANDSCAPE ARCHMCT CARL J. KELLY JR., RlA REG* 0001764 PF11i NO. DEN16.01 DE3GNED3Y CJK DR4YN7 By CJK CHECKED BY CJK DATE 03/30/09 so" FOR: 0/28/09-Site Chonaes-Site Chances 05/29/09-Site Ch..... I1.,i LIJ OFT 10 2D North SCALE T.20'-V DRAWNMiTIRE LANDSCAPE SITE PLAN PARKING 15LAND FIN15H GRADE DETAIL LS-01 *EEr 01 OF 01 Ephesians 6:11-17 W. ��t-174.53' la'cIavtic pip, ­d ko.7' 7a,s.xa, F , Ov- A­ W. -174.7. 24"rP 4-179- S. 14r P.�a \ . " SE W­17M, 18,p 17 1 k . , 1 kk A k SM-_ DATA: c-W kk \t w.7 q�­l F 5. ,t-! 1. PIN = 19-22-26-030OW100100 ­82 W T 2. Alternate Key #1620881 - ----- ----- --- - 3. Site is located in Section 19, Township 22 South, Range 26 East, Lake County Florida Site WM 4. Legal Description - Lot 1, 2, and 3, Block I and Lots I and 2, Block 2, Hornedale, according to the 10.7, &K,; map or plot thereof as recorded in Plot Book 11, Page(s) 26, Public Records of Lake County, Ilk Florida, LESS AND EXCEPT the from the above described lands that portion conveyed to the k. T City of Clermont as described in the Quit Claim Deed recorded December 4, 1997 in O.R. Book i I p.a icft, C4 1566, Page 924, Public Records of Lake County, Florida. ,0 5. Owner: HECK DAVID JT, 13206 VIA ROMA CIR ;W2 3L7-,, PC /,W k tri 6. aERMONT, FL 34711 k 7. Municipality = City of Clermont 8. Total Area 0.69 AC 9. Upland Area 0.69 AC 10. Wetlands - there are no wetlands on site. 11. Construction within 100 yr. flood plain is not proposed. 612. Existing Future Land Use: Commercial 13. Proposed Future Land Use: No Change Proposed Dr -% %,N 14. Proposed Use: Gun Range & Retail IS. Current Site Zoning: C-2 General Commercial District wl baW 16. Proposed Site Zoning: No Change Proposed 7M7 ma Surfer se back 17. Max Impervious Area z 80% 4.r L 18. Maximum Building Height = 55' 4 t sklewo& 19. Building Setbacks: Front yard: 59 (East from U5-27) Rz '.i Side St. (Existing): 25' (South from E DeSoto St) 7 Side Yard Interior; 12 (North) ri Rear Yard (Existing). 25 (West) 8 I 20. Landscape Suffers: lz.c'1 7 Front: 20 (East from US-27, Collector Road) DF %: Side St.: 15'(South from E DeSota St) Side Yard Interior: 10 (North) v Rear Yard; 10' (West) 21. Parking 4,3off SF 7 4182 SF a. Regular Spaces 10 FT wide x 20 FT deep. 2 M;� B. b. Compact Spaces 9 FT wide x 17 FT deep. C. Compact Spaces allowed = 0, since less than 25 spaces total. d. Parking Required = I per 200 SF Retail Space x 2,728 SF = 14 Spaces Right I./Right Out e. Parking Provided = 22 spaces. Connect To 6-Lane zo.a section of US-27 22. Building Type = I story S7 23. Storm Water Facilities = existing off -site storm water pond at NE corner. 2 Buff'rL 4. Solid waste disposal services will be provided by City of Clermont. 25. Water and Sewer will be provided by City of Clermont. 26. Blue reflectors to be installed in streets adjacent to all fire hydrant as per City of Clermont Land is.tr Buffer ZS AF setback 7 Development Regulations 27. All traffic markings shall be in accordance with City of Clermont and FDOT roadway 7— �- -, I I I specifications Rig ht WRIght Out Conned To G-Lane x r Of 'Z .d T A :It • 5­1 'k -- — -------- --------- —,-- Vicinity Map kk 1 1 '000, Denham summitt Engineering, LLC Clermont: 352-243-2575 Lake Mary* 407-323-0705 Br1anDenbam(&DcnhuunS­n.000n Gcoffs-913—twunsumunnL_ TD Weaponry 16129 SR50 #106 Clermont, FL 34711 Ph: (407) 656-8855 Fx: TD Weaponry Gun Range Clermont, FL C.U.P. Plans Dimension Plan Revisions 41 Z W:M—_J — � - A Id J W-J-1 Plans not valid unless Signed, Dated and Sealed below. J. Brian Death— P.E. Date: FT_ Registration #59008 ::rtdficate of Authoriziaic,n #27233 GRAPHIC SCALE a 20 40 0!!!� 1 inch = 20 fL Sheet Number 1 of 1