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11-06-2012 Regular Meeting - Supporting Documentsho CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, November 6, 2012 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES Approval of the Planning and Zoning Commission Meeting minutes held October 2, 2012. / REPORTS Planning & Zoning Director, Chairman, Commission Members NEW BUSINESS Item 1 — Ladd/Silver Fox Request for a small scale future land use SS Future Land Use Amendment ' amendment from Lake County Regional eTl Commercial to Commercial for property V Vlocated south of S.R. 50, north of Hooks Street and Excalibur Road. Item 2 — Ladd/Silver Fox Request to change the zoning from UE Rezoning Urban Estate to C-2 General Commercial for 1property located south of S.R. 50, north of b V Hooks Street and Excalibur Road. Item 3 — Hartwood Property Request for a large-scale comprehensive Large -Scale Amendment plan amendment to change the future land j use from Lake County Regional Office g / Commercial (Parcel 1 — 16.4 acres) and to High Density Residential (Parcel 2 — 66.06 acres) located east of Highway 27 and south of Hartwood Marsh Road. Item 4 — Hartwood Property Request to change the zoning from UE Rezoning Urban Estate Low Density Residential District and UT Urban Transition District to 'J C-2 General Commercial (Parcel 1 — 16.4 / acres) and R-3-A Residential/Professional (Parcel 2 — 66.06 acres) located east of Highway 27 and south of Hartwood Marsh Road. CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, November 6, 2012 City Hall — 685 W. Montrose Street, Clermont, FL Item 5 — Land Development (Code `�{ y 6 o Io ✓ To amend the Code of Ordinances, Chapter 102 Signs, Section 102-7 Exempt signs, Section 102-8 Prohibited signs, Section 102- 23 Changeable copy signs, and Chapter 118, Vegetation, Section 118-38 Vehicular use area Interior Landscaping. Discussion of Non -Agenda Items I:\ 11101 l.7►1 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 and Zoning Department at 352-241-7302. Please be advised that if you intend to show any document, picture, video or items to the Council or Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Recording Clerk for the City's records. CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, November 6, 2012 City Hall — 685 W. Montrose Street, Clermont, FL CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE MINUTES Approval of the Planning and Zoning Commission Meeting minutes held October 2, 2012. REPORTS Planning & Zoning Director, Chairman, Commission Members Item 1 — Ladd/Silver Fox SS Future Land Use Amendment Item 2 — Ladd/Silver Fox Rezoning Item 3 — Hartwood Property Large -Scale Amendment Item 4 — Hartwood Property Rezoning NEW BUSINESS Request for a small scale future land use amendment from Lake County Regional Commercial to Commercial for property located south of S.R. 50, north of Hooks Street and Excalibur Road. Request to change the zoning from UE Urban Estate to C-2 General Commercial for property located south of S.R. 50, north of Hooks Street and Excalibur Road. Request for a large-scale comprehensive plan amendment to change the future land use from Lake County Regional Office Commercial (Parcel 1 — 16.4 acres) and to High Density Residential (Parcel 2 — 66.06 acres) located east of Highway 27 and south of Hartwood Marsh Road. Request to change the zoning from UE Urban Estate Low Density Residential District and UT Urban Transition District to C-2 General Commercial (Parcel 1 — 16.4 acres) and R-3-A Residential/Professional (Parcel 2 — 66.06 acres) located east of Highway 27 and south of Hartwood Marsh Road. CITY OF CLERMONT PLANNING AND ZONING COMMISSION AGENDA 7:00 P.M., Tuesday, November 6, 2012 City Hall — 685 W. Montrose Street, Clermont, FL Item 5 — Land Development Code To amend the Code of Ordinances, Chapter 102 Signs, Section 102-7 Exempt signs, Section 102-8 Prohibited signs, Section 102- 23 Changeable copy signs, and Chapter 118, Vegetation, Section 118-38 Vehicular use area Interior Landscaping. 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 and Zoning Department at 352-241-7302. Please be advised that if you intend to show any document, picture, video or items to the Council or Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Recording Clerk for the City's records. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday October 2, 2012 at 7:00 p.m. by Chair Cuqui Whitehead. Other members present were Rob Boyatt, Bernadette Dubuss, William Henning, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt, Planning and Zoning Director, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held September 4, 2012 were approved. REPORTS Commissioner Boyatt expressed his concerns about fellow Commission members deviating from their duties as Planning and Zoning Board members. 1. REQUEST FOR REZONING REQUEST: Rezoning: From: UE Urban Estate Low Density Residential District To: C-2 General Commercial District OWNER: Dewitt Enterprises, Inc. APPLICANT: LWL Clermont Properties, LLC PARCEL SIZES: 7.38 + 7.21 + 4.3 = 18.89 acres +/- LOCATION: South of Hooks St. and west of Citrus Tower Blvd. FUTURE LAND USE: Commercial EXISTING LAND USE: Vacant Planning and Zoning Director Jim Hitt presented the Staff report as follows: The applicant is requesting to rezone three parcels from UE Urban Estate Low Density Residential District to C-2 General Commercial District, in order to permit the processing for an assisted living facility (8.67 acres) on one portion and prepare the remaining two sites (3.74 acres, 2.05 acres, and 4.3 acres) for potential sale and development. It is appropriate to rezone all of the entire properties at this time for the following reasons: ➢ Hooks Street now has four lanes which serve as a major collector; ➢ The sale of 8.67 acres from the center of the two western properties for commercial purposes (assisted living facility); ➢ The land use for all the properties is already commercial; ➢ All uses to the north are already C-2 A conditional use permit and variance application for the Living Well Lodge portion is being processed concurrently with this rezoning request. The remainder of the site will also be developed in accordance with the C-2 requirements and the Land Development Code. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 2 This site is centrally located off Hooks St. and is consistent with the land uses in the area. Access to the site will be from Hooks St. and Citrus Tower Blvd. for the eastern property adjacent to the City's site for the Police Dept. A Transportation Impact Analysis will have to be completed and approved in accordance with the City's Land Development Code as part of any site plan approval process. Platting will be required to be consistent with the Land Development Code. Staff recommends approval of the rezoning request from UE Urban Estate to C-2 General Commercial. Commissioner Dubuss moved to recommend approval of the rezoning to City Council, seconded by Commissioner Boyatt. The vote was unanimous to recommend approval for the rezoning to City Council. 2. REQUEST FOR CONDTIONAL USE PERMIT PROJECT NAME: REQUESTED ACTION: OWNER: APPLICANT: SIZE OF PARCEL: Living Well Lodge Request a Conditional Use Permit for an Assisted -Living and Memory -Care facility DeWitt Enterprises, Inc. Living Well Lodge, Clermont Properties, LLC Christopher P. Young 8.67 +/- acres GENERAL LOCATION: South of the intersection of Hooks St. & Oakley Seaver Blvd. FUTURE LAND USE: Commercial ZONING: UE Urban Estate (proposed C-2 General Commercial) EXISTING LAND USE: Vacant Planning and Zoning Director Jim Hitt presented the Staff report as follows: The applicant is requesting a conditional use permit on 8.67 acres for the Living Well Lodge, which is an Assisted -Living & Memory -Care Facility. This request is in conjunction with a rezoning from UE Urban Estate to C-2 General Commercial and for the parcels east and west of it. According to the Comprehensive Plan and the Land Development Code, uses of this type are required to attain a conditional use permit. The applicant is proposing 80 units in the five -story portion of the building for assisted -living and 48 units for memory -care in the one-story building, for a total of 128 units. No retail is proposed for the site, but services and shops will be available on site for the specific use of the residents and related visitors. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 3 The applicant is also requesting the following two variances: 1. To allow a retaining walls up to 8 feet in height, rather than 6 feet (2 feet over Code) 2. To allow for a height of up to 69 feet, rather than 55 feet (14 feet over Code) Staff believes this is an appropriate location for this use and recommends approval of the conditional use permit. Jimmy Crawford stated that he is representing Living Well Lodges. He stated that they have made many changes with the help of staff to create a plan that both staff and the applicant are happy with. Chris Young, 4130 United Ave., Mount Dora, stated that they are developers for senior living facilities for seniors in need of assistance. He stated that the name of the facility will be named Crane's View Lodge. He stated that they have another facility similar to this one in Tavares that opened last week. He stated that they are financing this project with bonds. Mr. Crawford stated that they bring up the bonds to ensure that they are not hoping to get financing, they already have the financing and are ready to build. Commissioner Boyatt stated that he seen the Mount Dora location and was very pleased with the facility. He stated that it is a fantastic idea and it will bring several jobs to this location. Mr. Young stated that it will employee approximately 80 direct jobs and approximately 240 indirect jobs. Commissioner Dubuss stated that a five story building is not what they normally see but with the topography it makes sense and she feels it will work. Mr. Crawford stated that they looked for a downhill site so that it would not be abtrusive. Commissioner Henning asked if they have started construction on the site. Ted Dewitt stated that the dirt that is being moved is part of the police station site. Commissioner Jones asked if the city is requiring traffic studies on four -lane roads that just had traffic studies completed on. Mr. Hitt stated that traffic studies are required by any new development. He stated that because of the traffic that they will not generate, they did request a waiver of the traffic study. Commissioner Proli asked if the facility will be like the drawing presented. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 4 Mr. Young stated that the facility is a rendition and there will be some changes but it will be really close. Commissioner Loyko asked if a stop light will be at Oakley Seaver and Hooks Street. Mr. Hitt stated that there will not be a stop light at that intersection. Chairwoman Whitehead asked that with all the development that is going on in that area would the city foresee that a light will be needed in the future at this intersection. Mr. Hitt stated that they do not foresee any need for a light at the intersection of Oakley Seaver and Hooks St. Commissioner Jones moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Dubuss. The vote was unanimous to recommend approval for the conditional use permit to City Council. 3. REQUEST FOR CONDTIONAL USE PERMIT PROJECT NAME: Jairam Funeral Services REQUESTED ACTION: Request for a Conditional Use Permit to allow a Funeral Home Facility in the M-1 Industrial zoning district. OWNER: Mercator Properties Inc. APPLICANT: Dexter Jairam LOCATION: 260 Mohawk Rd PARCEL SIZE: 1 acre +/- FUTURE LAND USE: Industrial ZONING: M-1 Industrial EXISTING LAND USE: Commercial/Office Building City Planner Curt Henschel presented the Staff report as follows: The applicant intends to locate a funeral home facility in an office building located at 260 Mohawk Rd. within the Clermont Commons Industrial Center. The 1,750 square foot unit will be the new home for Jairam Funeral Services. The funeral home will provide services such as burial and cremation arrangements, and shipping services. There will also be a small chapel area for visitations and viewings. The applicant is not requesting to perform actual cremations on site or store any human remains on the premise. All refrigeration and storage will be preformed off site. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 5 Staff believes this development is consistent with the uses in the area and recommends approval of this conditional use permit request. Jairman 2382 Hammockview Drive, Winter Garden, stated that he has been a licensed funeral director for 15 years and 8 years in Florida. He stated that the majority of his work consists of ship outs meaning shipping deceased to other states. He stated that they do not do typical funeral services. Commissioner Jones asked why a conditioner use permit is required. Mr. Henschel stated that it is not listed as a permitted list so a conditional use permit is required. Chairwoman Whitehead asked if he will be working with other funeral facilities in the area because she is concerned with parking. Mr. Jairman stated that most funerals are at the churches so they don't typically have visitations at the funeral homes anymore. Commissioner Boyatt asked what the city can do if a parking issue becomes a problem. Mr. Henschel stated that staff can include a condition into the conditional use permit to state that if parking becomes an issue the applicant can be brought back to Council to re-evaluate the conditional use. Commissioner Boyatt stated that he feels the parking condition is necessary. Commissioner Boyatt moved to recommend approval of the conditional use permit to City Council with the parking condition added to the conditions; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. 4. REQUEST FOR CONDTIONAL USE PERMIT PROJECT NAME: Clermont Car Wash REQUESTED ACTION: Request for a Conditional Use Permit to allow a car wash facility in the C-1 Light Commercial Zoning District. OWNER: South Lake Connector, LLC APPLICANT: Roger Tanna / Ambe Investments, Inc LOCATION: North East corner of Highway 27 and Citrus Tower Blvd. PARCEL SIZE: 3 acre +/- FUTURE LAND USE: Commercial ZONING: C-1 Light Commercial zoning district EXISTING LAND USE: Vacant Land City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 6 City Planner Curt Henschel presented the Staff report as follows: The applicant is proposing to construct a new Car Wash and Oil Change facility adjacent to the RaceTrac Convenience Store on Highway 27 and Citrus tower Blvd. Automotive services are designated as requiring a conditional use permit within the C-1 Zoning District. The car wash facility will offer an automated wash tunnel, vacuum stations, detail bays, and oil change bays. Approximately 5 to 7 employees will staff the carwash throughout the day, and have a total of about 12 employees. The wash tunnel will incorporate a reuse system that will recycle 75- 80% of the water used for washing the cars. Staff believes this development is consistent with the uses in the area and recommends approval of this conditional use permit request for a car wash and oil change facility. Rick McCoy, 732 4th St., stated that he is the project engineer for the applicant. Mike Latham, 1295 W. Highway 50, showed photos of the facility that is being proposed. Commissioner Henning asked what kind of brushes will be used for the car wash. Roger Tanna, 2550 Citrus Tower Blvd., Suite 12201, stated that they will be using foam brushes. Commissioner Loyko asked if the self vacuum area is entered after the wash bay and if the oil bays exit directly onto the service road. Mr. McCoy stated that that is part of the driveway. Commissioner Dubuss moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Proli. The vote was unanimous to recommend approval for the conditional use permit to City Council. 5. REQUEST FOR CONDTIONAL USE PERMIT PROJECT NAME: Casa Marie Bilingual Montessori School REQUESTED ACTION: Request for a Conditional Use Permit to allow a school facility in the C-1 Light Commercial Zoning District. OWNER: Salvatore's Inc APPLICANT: Gatorsktch Corp. LOCATION: 161 West Highway 50 City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 7 PARCEL SIZE: 1 acre +/- FUTURE LAND USE: Commercial ZONING: C-1 Light Commercial zoning district EXISTING LAND USE: Vacant building City Planner Curt Henschel presented the Staff report as follows: The applicant is requesting a conditional use permit to allow a school facility within the C-1 Light Commercial zoning district. School facilities are designated as requiring a conditional use permit for schools within the C-1 zoning district. The applicant is proposing to operate a Montessori school at 161 West Highway 50. The 3150 square foot building was once the Sunday school and office for the church building adjacent to Highway 50. The church building has since been converted in to a restaurant, and the subject building has been previously converted into offices and a florist shop. The school will operate with two classes with up to 20 students each (40 student's total). Students will range from 18 months to 6 years of age. Five employees will operate the school 7:00 am to 6:00pm Monday through Friday. Staff believes this development is consistent with the uses in the area and recommends approval of this conditional use permit request for a school. Mike Latham, 1295 W. Highway 50, stated that they will be adding the drop off area that will allow eight vehicles. He stated the tree will remain because shade is required by DCF for the play area. Commissioner Loyko asked about the florist shop. Mr. Latham stated that the florist and insurance business have both moved out of the building. Commissioner Proli asked if the play area will be fenced in. Mr. Latham stated that there will be a minimum of a four foot high fence with a gate and there will be two staff members outside with the students. Commissioner Proli asked how many bathrooms were available. Mr. Latham stated that there are two bathrooms and one changing station. Commissioner Henning asked where the parking was located. City of Clermont MINUTES PLANNING AND ZONING COMMISSION OCTOBER 2, 2012 Page 8 Mr. Latham stated that the parking is accessed from 2nd Street. Commissioner Jones asked if there will be any upgrades to the exterior of the building. Mr. Latham stated that there has not been and exterior plans made but there will be landscaping going in and the grading for the drop off lane. Commissioner Jones moved to recommend approval of the conditional use permit to City Council; seconded by Commissioner Henning. The vote was unanimous to recommend approval for the conditional use permit to City Council. There being no further business, the meeting was adjourned at 8:08 pm. Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant CITY OF CLERMONT ORDINANCE No. 2012-11—M AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on June 23, 2009, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Clermont have held public hearings on the proposed amendment to the plan in light of written comments, proposals and objections from the general public; NOW THEREFORE, be it resolved and enacted by the City of Clermont, Florida that: Section 1. After public hearings held by the City of Clermont Local Planning Agency and the Clermont City Council, the Future Land Use Map of the Comprehensive Plan of the City of Clermont is hereby amended by changing the following described property as shown: LEGAL DESCRIPTION A parcel of land lying in Section 28, Township 22, Range 26 E., as recorded in Plat Book 2, Page 28, ORB 1007, Page 1255 of the Public Records of lake County, Florida, being more particularly described as follows: Lake Highlands 28-22-26 E 220 ft. of Tracts 22 & 27, & that part of the E 220 ft. of Tract 11 lying S of SR 50--less R/W of SR 50 as described in Deed Book 295 pg. 135 & less from W 1/4 corner of section run N 890 48 minute 53 section E 1340.32 ft. to the CITY OF CLERMONT ORDINANCE No. 2012-11—M beginning of a curve concave NW'ly having a radius of 1300 ft., a radial bearing of S 000 11 minutes 07 seconds E 50 ft. to a point on the proposed S'ly line of R/W of said Hook St. extension, said point being on a non -tangent curve concave NW'ly, having a radius of 1350 ft., thence run NE'ly along said S'ly line of R/W & along said curve, having a central angle of 170 47 minutes 21 seconds, an arc length of 419.15 ft. to a point on the N Line of a platted road lying S of said Tract 27 & point of beginning, continue along said S'ly R/W line & along said curve, having a central angle of 90 03 minutes 14 seconds, an arc distance of 213.33 ft. to E line of Tract 27, run S 00 30 minutes 49 seconds W 81.14 ft. to a point on N line of platted road, S 890 48 minutes 53 seconds W 196.06 ft. to point of beginning & less that part of land lying within 50 ft. each side of the following described centerline for road R/W: beginning at W 1/4 corner of section 29-22-26, run S 880 26 minutes 40 seconds E along east -west centerline a distance of 5248.28 ft. to the point of curvature of a curve concave N'ly, having a radius of 2083 ft. & a central angle of 10 44 minutes 27 seconds, thence E'ly along the arc of said curve a distance of 63.29 ft. to the point of tangency thereof, N 890 48 minutes 53 seconds E 1340.32 ft. to the point of curvature of a curve concave NW'ly, having a radius of 1300 ft. & a central angle of 370 55 minutes 13 seconds, thence NE'ly along the arc of said curve, a distance of 860.38 ft. to a point of reverse curvature with a curve concave S'ly, having a radius of 1700 ft. & a central angle of 670 44 minutes 14 seconds, thence E'ly along the arc of said curve a distance of 2009.80 ft. to the point of curvature of a curve concave NE'ly, having a radius of 1300 ft. & a central angle of 290 42 minutes 17 seconds, thence SE'ly along the arc of said curve, a distance of 673.98 ft. to the point of tangency thereof, thence 89 55 minutes 37 seconds E 173.56 ft. to a point on E line of NE 1/4 of section 28-22-26 & point of termination of this centerline described in PB 2, PG 28, ORB 1007 PG 1255. Containing 6.02 acres +/- CHANGE IN FUTURE LAND USE CLASSIFICATION From Lake County Regional Commercial to Commercial Section 2. If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. Section 3. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. 2 CITY OF CLERMONT ORDINANCE No. 2012-11—M Section 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. K CITY OF CLERMONT ORDINANCE No. 2012-11—M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida, this 27 h day of November, 2012. Harold S. Turville, Jr., Mayor ATTEST: Tracy Ackroyd, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT L4K PLANNING & ZONING COMMISSION November 6, 2012 CITY COUNCIL November 13, 2012 (introduction) November 27, 2012 REQUEST: Small -Scale Comprehensive Plan Amendment From: Regional Commercial (Lake County) To: Commercial PROJECT NAME: Silver Fox Development OWNER: Silver Fox Development, Inc. APPLICANT: Dale Ladd PARCEL SIZE: 6.02 acres +/- LOCATION: South of Hwy. 50 & east of Total Eye Care EXISTING LAND USE: Vacant EXISTING ZONING: CP Commercial District (applied for C-2 General Commercial) SURROUNDING CONDITIONS: ZONING NORTH: C-2 General Commercial SOUTH: R-1, SF Medium Density Res. EAST: C-2 General Commercial WEST: C-1 Light Commercial EXISTING LAND USE Vacant Vacant Vacant Vacant FUTURE LAND USE DISTRICT Commercial Residential/ Professional Commercial Commercial ROAD CLASSIFICATION: Hwy. 50 — Arterial — Collector UTILITY AREA: City of Clermont sewer / Lake Utilities water SITE UTILITIES: City of Clermont sewer / Lake Utilities water SITE VISIT: 10-11-12 SIGNS POSTED: By applicant ANALYSIS: This request is to change the future land use of approximately 6.02 acres from Lake County Regional Commercial to Commercial. The property is on the south side of Highway 50 and just east of Total Eye Care. There are no planned uses at this time but the owners would like to complete this process to prepare the site ahead of time. The site will be developed in accordance with the Land Development Code. The parcel is surrounded on three sides by undeveloped commercial zoned property. Just to the south is undeveloped Residential/Professional property. Access to the site will be from SR 50 and Hooks Street and a Transportation Impact Analysis will have to be completed and approved in accordance with the City's LDC as part of the Site Plan Approval process. The future land use change from Lake County Regional Commercial to Commercial would be consistent with this request and the area. STAFF RECOMMENDATION: Staff recommends approval of the Future Land Use Map change. Silver Fox Development — Comprehensive Plan Amendment & Rezoning Comprehensive Plan: From: Regional Commercial (Lake County) To: Commercial (City) Rezoning: From: UE Urban Estate (upon annexation) To: C-2 General Commercial Aerial view with surrounding zoning: \Cityhall\shaies\Planning and Zoning\Developments\Comp Plan Amendments\Ladd 2012 PZ11-6 CC11-27-12.doc C CITY OF CLERMONT COMPREHENSIVE PLAN AMENDMENT Application DATE: 9-12-12 FEE: Project Name (if applicable): Applicant:Dale J. Ladd Contact Person:Dale J. Ladd Address:1135 East Avenue City:Clermont State:FL Zip:34711 Phone:352-394-8686 Fax:352-394-5971 E-Mail: dladd@highlandrealestate.biz OWNER: Silver Fox Development, Inc Address:1135 East Avenue City:Clermont State:FL Zip:34711 Phone:352-394-8686 Fax:352-394-5971 E-Mail:dladd@highlandrealestate.biz General Location: East Highway 50 Legal Description (include copy of survey): see attached Property size (in acres or square feet): 6.02 Acres Flood hazard area (yes) and approx. acreage (no) X Existing (Actual) Land Use: Vacant Existing Zoning: CP Existing Future Land Use: Regional Commercial Proposed Future Land Use: Commercial Type of development proposed: No developed proposed at this time. Proposed density (dwelling units/acre) or intensity: N/A Proposed Zoning District: C-2 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). Land use amendment is necessary due to annexation into the City of Clermont. 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: r 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. r 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 Dale J. Ladd , 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 Regional Commercial to 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. x 3 �] Affiant - plicant Name SWORN to and SUBSCRIBED before me by Dale J. Ladd or personally known by me this 2Oth day of September 20 12 ,M1Y°fe, MIMIOGDEN MY COMMISSION # DO 905551 3•. ;a,= EXPIRES: August 7, 2013 Aprq,' Bonded 7hru Notary Public Underwriters t Notary'ublic, Stat of Florida at Large My Commission Expires: -7-L3 Page 3 Comprehensive Plan Amendment, Application OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared Dale J. Ladd 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 Regional Commercial to Commercial the property legally described on the attachment of this application. 3. That the owner of said property has appointed NSA to act as agent on his (her) behalf to accomplish the above. The owner is required to complete the APPLICANT'S AFFIDAVIT of this application if no agent is appointed to act in his (her) stead. x 1, Affiant — O�kmer's Name (s%c�o SWORN to and SUBSCRIBED before me by or personally known by me this 20 MIMIOGDEN x. >- MY COMMISSION # DID 905551 :a•• a= EXPIRES: August 7, 2013 y�' Bonded Thru Notary Public Underwriters Dale J. Ladd day of September 2012 , x C` Notary ublic, State f Florida at Large My Commission Expires: ''..�-7 /_5 Page 4 Comprehensive Plan Amendment, Application for Property Details : Lake County Property Appraiser Page 1 of 2 Property Record Card General Information Land Data Misc. Improvements J Sales History Map Value Map of Property, Tax TRIM Notice General Information Alternate Key: 1648246 Parcel: 09-22-26-120002200000 Owner Name: SILVER FOX DEVELOPMENT Millage: 0003 (Unincorporated) INC 14.8127 Owner Address: 1135 EAST AVE Property CLERMONT, FL 34711 Location: LAKE HIGHLANDS 28-22-26 E 220 FT OF TRACTS 22 & 27, & THAT PART OF THE E 220 FT OF TRACT 11 LYING S OF SR 50--LESS R/W OF SR 50 AS DESC IN DEED BOOK 295 PG 135 & LESS FROM W 1/4 1 COR OF SEC RUN N 89DEG 48MIN 53SEC E 1340.32 FT TO THE BEGINNING OF A CURVE CONCAVE NW'LY HAVING A RADIUS OF 13001 FT, A RADIAL BEARING OF S OODEG 11MIN 07SEC E 50 FT TO A POINT ON THE PROPOSED S'LY LINE OF R/W OF SAID HOOK ST EXTENSION, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE NW'LY, HAVING A RADIUS OF 1350 FT, THENCE RUN NE'LY ALONG SAID S'LY LINE OF R/W & ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 17DEG 47MIN 21 SEC, AN ARC LENGTH OF 419.15 FT TO A POINT ON THE N LINE OF A PLATTED RD LYING S OF SAID TRACT 271 & POB, CONT ALONG SAID S'LY R/W LINE & ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 9DEG 03MIN 14SEC, AN ARC DIST OF 213.33 FT TO E LINE OF TRACT 27, RUN S ODEG 30MIN 49SEC W 1 81.14 FT TO A POINT ON N LINE OF PLATTED RD, S 89DEG 48MIN 53SEC W 196.06 FT TO POB & LESS THAT PART OF LAND LYING WITHIN 50 FT EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE1 Legal FOR RD R/W: BEG AT W 1/4 COR OF SEC 29-22-26, RUN S 88DEG Description: 26MIN 40SEC E ALONG EAST -WEST CENTERLINE A DIST OF 5248.281 FT TO THE POINT OF CURVATURE OF A CURVE CONCAVE N'LY, HAVING A RADIUS OF 2083 FT & A CENTRAL ANGLE OF 1 DEG 44MIN 27SEC, THENCE E'LY ALONG THE ARC OF SAID CURVE A DIST OF 63.29 FT TO THE POINT OF TANGENCY THEREOF, N 89DEG 48MIN 53SEC E 1 1340.32 FT TO THE POINT OF CURVATURE OF A CURVE CONCAVE NW'LY, HAVING A RADIUS OF 1300 FT & A CENTRAL ANGLE OF 37DEGI 55MIN 13SEC, THENCE NE'LY ALONG THE ARC OF SAID CURVE, A DIST OF 860.38 FT TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE S'LY, HAVING A RADIUS OF 1700 FT & A CENTRAL ANGLE OF 67DEG 44MIN 14SEC, THENCE E'LY ALONG THE ARC OF SAID CURVE A DIST OF 2009.80 FT TO THE POINT OF CURVATURE OF1 A CURVE CONCAVE NE'LY, HAVING A RADIUS OF 1300 FT & A CENTRAL ANGLE OF 29DEG 42MIN 17SEC, THENCE SE'LY ALONG THE ARC OF SAID CURVE, A DIST OF 673.98 FT TO THE POINT OF TANGENCY THEREOF, THENCE N 89DEG 55MIN 37SEC E 173.56 FT TO A POINT ON E LINE OF NE 1/4 OF SEC 28-22-26 & POINT OF TERMINATION OF THIS CENTERLINE DESC PB 2 PG 281 ORB 1007 PG 12551 Land Data Line Land Use 1 VACANT COMMERCIAL (1000) Frontage Depth Notes No. Units 0 0 ..111 Type Class Value SF $0.00 Just Value $231,000.00 htti)://www.lakecopropappr.com/property-details.aspx?AltKey=1648246 9/12/2012 Property Details : Lake County Property Appraiser Page 2 of 2 2 VACANT COMMERCIAL (1000) 0 0 4.28 AC $0.00 $107,000.00 Value Total Just Value: $338, 000.00 Total Exempt Value: �� $0 .�00 Total Taxable Value: _ $338, 000. 00 Millage Rate: 12.j x 0.0148127 Base Ad -Valorem Tax: _ $5, 145.72 Non -Exempt School Levies: + H...­ $„0. 00 Estimated Ad -Valorem Tax: _ $5, 145.72* * The just values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. The amounts shown may not include all exemptions. 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 @ 2008 Lake County Property Appraiser. All rights reserved. ( privacy policy, terms of use httn://www.lakecovropappr.com/property-details.aspx?AltKey=1648246 9/12/2012 DESCRIPTION AS SUPPLIED BY TITLE COMMITMENT LAKE HIGHLANDS, SECTION 28, TOWNSHIP 22 SOU'iii,— RANGE 26 EAST, THE EAST 220 FEET OF TRACTS 22 AND 27, AND THAT PART OF THE EAST 220 FEET OF TRACT 11 LYING SOUTH OF SR 50. LESS THE RIGHT OF WAY AS DESCRIBED IN DEED BOOK 295, PAGE 135 AND LESS FROM THE WEST 1/4 CORNER OF SECTION RUN NORTH 89'48'53'EAST 1340.32 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAYING A RADIUS OF 1300 FEET, A RADIAL BEARING OF SOUTH 00'11'07"EAST 50 FEET iO A POINT ON THE PROPOSED SOUTHERLY LINE OF THE RIGHT OF WAY OF SAID HOOK STREET EXTENSION, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1350 FEET, THENCE RUN NORTHEASTERLY ALONG SAID SOUTHERLY LINE OF THE RIGHT OF WAY AND ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 17'47'21", AN ARC LENGTH OF 419.15 FEET TO A POINT ON THE.NORTH LINE OF A PLATTED ROAD LYING SOUTH OF SAID TRACT 27 AND POINT OF BEGINNING, CONTINUE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 09'0314", AN ARC DISTANCE OF 21133 FEET TO THE EAST LINE OF TRACT 27. RUN SOUTH 00'30'49"WEST 81.14'FEET TO A POINT ON THE NORTH LINE OF THE PLATTED ROAD, SOUTH 89'48'53"WEST 196.06 FEET TO THE POINT OF BEGINNING AND LESS THAT PART OF LAND LYING WITHIN 50 FEET OF EACH •SIDE OF THE FOLLOWING DESCRIBED CENTERLINE FOR THE ROAD RIGHT OF WAY: BEGIN AT THE WEST 1/4 CORNER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST, RUN SOUTH 88'26'40"EAST ALONG THE EAST -WEST CENTERLINE A DISTANCE OF 5248.28 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083 FEET AND A CENTRAL ANGLE OF 01'44'27", THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 63.29 FEET TO THE POINT OF TANGENCY THEREOF, NORTH 89'4W53"EAST 1340,32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300 FEET AND A CENTRAL ANGLE OF 37'55'13", 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 FEET AND A CENTRAL ANGLE OF 67'44-'14", THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 2009.80 FEET TO THE POINT` OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300 FEET AND A'CENTRAL ANGLE OF 29'42'17", THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CUPVE, A DISTANCE OF r'7 ?8 FEET TO THE POiNi OF tANGENCY 7HERcUr, inLINC 89'55'37"EAST 173.56 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST AND POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, PLAT BOOK 2, PAGE 28, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. QUIT CLAIM DEED RECORDED IN OFFD BOOK 299 PAGE 635 TRACT 11 STATE ROAD 50 30' UTILITY EASEMENT O.R.B. 1512/1800 v v x D v f N F- NOTES 1. BEARINGS BASED ON THE ASSUMED BEARING OF S.00'00'00"W. ALONG THE EAST LINE OF TRACTS 11, 22 & 27. 2. ABOVEGROUND ENCROACHMENTS, IF ANY, AS SHOWN, 3. UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS, IF ANY, NOT LOCATED. 4. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 5. ADDITIONS OR DELETIONS TO THE SURVEY SHOWN HEREON BY OTHERS THAN THE SIGNING PARTY IS PROHIBITED WITHOUT WRITTEN CONSENT, OF SAID SIGNING PARTY, 7. TEMPORARY EASEMENTS SHOWN IN TITLE COMMITMENT, (12; & (14) HAVE EXPIRED. 8. RESOLUTION NO, 2004-84 (16) IN TITLE COMMITMENT DOES NOT APPLY TO SUBJECT PARCEL. 9. DEED BOOK 90/55 REFERS TO PLATTED ROADWAY AS SHOWN HEREON; DEED BOOK 299/635 IS THE 75 FOOT RIGHT OF WAY WIDTH AS SHOWN HEREON; & MISCELLANEOUS BOOK 7/5801S A POWER LINE EASEMENT AND MAY OR MAY NOT AFFECT SUBJECT PROPERTY.' GRAPHIC SCALE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50 g SANITARY SEWER LINE CA E. DEPTH UNKNOWN 39'54'00"W 220.00' — N N U ~ o 6.02 +/- ACRES Z Z J J F" A o -� z � Vf W OD N No F O� tp O V ON 3� vta z? d N Vl O � a /�r fE / o. / i 1S p0 / / i I o��� FIRST LESS OUT IN DESCRIPTION ISO 0 7S ISO 300 $00 POW Blackburn Surveying, Inc. ( IN FEET) Z.g # 652B 1 inch 150 ft. 642 WEST HICH;YAY 50 EI - FOUND 44 CONCRETE MONUMENT #1571 P.O. Box f2f022 Clermont, Florida 3471.2 0 - FOUND #5 REBAR W/CAP MARKED FAR BAR (352) 394-4417 Q- SET #4 REBAR W/CAP MARKED LB 6528 OHP- OVERHEAD POWER LINES Fax (352) 394-7058 ®= SANITARY SEWER MANHOLE BOUNDARY SURVEY FOR: ra>- POWER POLE REVISED 10/22/2010 PO REVISED NO'(E 9 AFTER REVIEW OF DOCUMENTS CERTIFIED TO: CITIZENS FIRST BANK LADD DEVELOPMENT, INC. SILVER FOX DEVELOPMENT, INC. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY RICHARD W. HENNINGS, P.A. McUN & SURNSED, P.A. F-TRICK M. KELLEY P.[..5. FLORlDA SURVEYOR S 5%"CA1E N0. 4425 NOT VALID W/1NOUI� THE ORIGINAL RMSED SEAL AND SICNA1URf Of A FLORIDA LICENSED SURVEYOR & MAPPER .ME SURVEY neP TEO HERE IS AM COaY PRCMSIO AL I l491i1TY WSURANCE Ladd Development, Inc., Et. Al. 28-22-26 LAKE COUNTY, FLORIDA PAGE NO. 1 I DRAWING NO. Lcdd282226 CITY OF CLERMONT ORDINANCE No. 2012-12-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND PUBLICATION. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1: The official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property and as shown in Exhibit "A": LEGAL DESCRIPTIONS A parcel of land lying in Section 28, Township 22, Range 26 E., as recorded in Plat Book 2, Page 28, ORB 1007, Page 1255 of the Public Records of lake County, Florida, being more particularly described as follows: Lake Highlands 28-22-26 E 220 ft. of Tracts 22 & 27, & that part of the E 220 ft. of Tract 11 lying S of SR 50--less R/W of SR 50 as described in Deed Book 295 pg. 135 & less from W 1/4 corner of section run N 890 48 minute 53 section E 1340.32 ft. to the beginning of a curve concave NW'ly having a radius of 1300 ft., a radial bearing of S 00011 minutes 07 seconds E 50 ft. to a point on the proposed S'ly line of R/W of said Hook St. extension, said point being on a non -tangent curve concave NW'ly, having a radius of 1350 ft., thence run NE'ly along said S'ly line of R/W & along said curve, having a central angle of 170 47 minutes 21 seconds, an arc length of 419.15 ft. to a point on the N Line of a platted road lying S of said Tract 27 & point of beginning, continue along said S'ly R/W line & along said curve, having a central angle of 90 03 minutes 14 seconds, an arc distance of 213.33 ft. to E line of Tract 27, run S 00 30 minutes 49 seconds W 81.14 ft. to a point on N line of platted road, S 890 48 minutes 53 seconds W 196.06 ft. to point of beginning & less that part of land lying within 50 ft. each side of the following described centerline for road R/W: beginning at W 1 /4 corner of section 29-22-26, run S 880 26 minutes 40 seconds E along east -west centerline a distance of 5248.28 ft. to the point of curvature of a curve concave N'ly, having a radius of 2083 ft. & a central angle of 10 44 minutes 27 seconds, thence E'ly along the arc of said curve a distance of 63.29 ft. to the point of tangency thereof, N 890 48 minutes 53 seconds E 1340.32 ft. to the point of curvature of a curve concave NW'ly, having a radius of 1300 ft. & a central angle of 370 55 minutes 13 seconds, thence NE'ly along the arc of said curve, a distance of 860.38 ft. to a point of reverse curvature with a curve concave S'ly, having a radius of 1700 ft. & a central angle of 670 44 minutes 14 seconds, thence E'ly along the arc of said curve a distance of 2009.80 ft. to the point of curvature of a curve concave NE'ly, having a radius of 1300 ft. & a central angle of 290 42 minutes 17 seconds, thence SE'ly along the arc of said curve, a distance of 673.98 ft. to the point of tangency thereof, CITY OF CLERMONT ORDINANCE No. 2012-12-M thence 890 55 minutes 37 seconds E 173.56 ft. to a point on E line of NE 1/4 of section 28-22-26 & point of termination of this centerline described in PB 2, PG 28, ORB 1007 PG 1255. Containing 6.02 acres +/- FROM: UE URBAN ESTATE TO: C-2 GENERAL COMMERCIAL Exhibit "A" CE COUNTY Al R-6 LAKE COUNTY COUNTYl ��.4 High School SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3• Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this Ordinance shall be effective as provided by law. 2 M CITY OF CLERMONT ORDINANCE No. 2012-12-M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27th day of November, 2012. ATTEST: Tracy Ackroyd, City Clerk Approved as. to form: Dan Mantzaris, City Attorney CITY OF CLERMONT Harold S. Turville, Jr., Mayor CITY OF CLERMONT PLANNING & ZONING COMMISSION 4L November 6, 2012 CITY COUNCIL November 13, 2012 (introduction) November 24, 2012 Ordinance No. 2012-12-M REQUEST: Rezoning: From: UE Urban Estate Low Density Residential District To: C-2 General Commercial OWNER: Silver Fox Development, Inc. APPLICANT: Dale J. Ladd PARCEL SIZE: 6.02 +/- LOCATION: South of S.R. 50, North of Hooks St. and Excalibur Rd. FUTURE LAND USE: Regional Commercial (Lake County) (request pending to change to City Commercial) EXISTING LAND USE: Vacant SURROUNDING CONDITIONS: ZONING NORTH: C-2 General Commercial SOUTH: UE Urban Estate (City) & R-6 Urban Residential (County) EXISTING LAND USE FUTURE LAND USE Vacant Commercial East Lake Ridge High School Residential/Office (City) Public Service Facility (County) EAST: C-2 General Commercial Vacant Commercial WEST: C-1 Light Commercial Vacant Commercial ROAD CLASSIFICATION: SR 50 — Arterial; Hooks St. — Major Collector UTILITY AREA: City of Clermont SITE UTILITIES: City of Clermont water & sewer SITE VISIT: 10-1-12 SIGNS POSTED: By applicant 1 — Silver Fox Development, Rezoning ANALYSIS: The applicant is requesting to rezone this site from UE Urban Estate Low Density Residential District to C-2 General Commercial as part of their annexation and comprehensive plan land use amendment. There are no planned uses at this time but the owners would like to complete this process to prepare the site ahead of time. The site will be developed in accordance with the Land Development Code. Access to the site will be from SR 50 and Hooks Street and a Transportation Impact Analysis will have to be completed and approved in accordance with the City's LDC as part of the Site Plan Approval process. The rezoning to C-2 General Commercial would be consistent with this request and the area. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request. 1\Cityhall\shares\P1anning and Zoning\Developments\Rezonings\Silver Fox rezoning 2012-12-M P&Z11-6,CC11-13&27-12.doc 2 — Silver Fox Development, Rezoning Silver Fox Development — Comprehensive Plan Amendment & Rezoning Comprehensive Plan: From: Regional Commercial (Lake County) To: Commercial (City) Rezoning: From: UE Urban Estate (upon annexation) To: C-2 General Commercial Aerial view with surrounding zoning: 3 — Silver Fox Development, Rezoning 0 c DATE: 9-12-12 CITY OF CLERMONT REZONING APPLICATION PROJECT NAME (if applicable): APPLICANT: Dale J. Ladd CONTACT PERSON: Dale J. Ladd Address:1135 East Avenue city: Clermont State: FL Phone:352-394-8686 Fax:352-394-5971 E-Mail:dladd@highlandrealestate.biz OWNER: Silver Fox Development, Inc. Address:1135 East Avenue city: Clermont Phone:352-394-8686 State: FL Fax:352-394-5971 Address of Subject Property: East Highway 50 Legal Description (include copy of survey): see attached Acreage: 6.02 FEE: $350.00 Zip: 34711 Zip: 34711 Land Use: Regional Commercial (City verification required) Present Zoning: CID Proposed Zoning: C-2 (City verification required) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ARE MADE. CITY OF CLERMONT REZONING APPLICATION Page 2 Answers to the following questions are required to complete this application. What are you proposing to do that would require a rezoning? No specific plans - zoning is being requested due to annexation of the property �C��e LC"I-A Applicant Name (print) Owner Name (print) X j I Applicant�N (a,�e) ll III Owner NaMe (sajtuLture) ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 DESCRIPTION AS SUPPLIED BY TITLE COMMITMENT LAKE HIGHLANDS, SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, THE -EAST 220 FEET OF TRACTS 22 AND 27. AND THAT PART OF THE EAST 220 FEET OF TRACT 11 LYING SOUTH OF SR 50. LESS THE RIGHT OF WAY AS DESCRIBED IN DEED BOOK 295, PAGE 135 AND LESS FROM THE WEST 1/4 CORNER OF SECTION RUN NORTH 89'48'53"EAST 1340.32 FEET TO THE BEGINNING OF A CURVE.CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1300 FEET, A RADIAL BEARING OF SOUTH 00'11'07"EAST 50 FEET TO A POINT ON THE PROPOSED SOUTHERLY LINE .Of THE RIGHT OF WAY OF SAID HOOK STREET EXTENSION, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1350 FEET, THENCE RUN NORTHEASTERLY ALONG SAID SOUTHERLY LINE OF THE RIGHT OF WAY AND ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 17'47'21", AN ARC LENGTH OF 419.15 FEET TO A POINT ON THE,NORTH LINE OF A PLATTED ROAD LYING SOUTH OF. SAID TRACT 27 AND POINT OF BEGINNING, CONTINUE ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, HAVING A CENTRAL ANGLE OF 09-03-14". AN ARC DISTANCE OF 213:33 FEET TO THE EAST LINE OF TRACT 27, RUN SOUTH 00'30'49"WEST 81.14 FEET TO A POINT ON THE NORTH LINE OF THE PLATTED ROAD, SOUTH 89'48'53"WEST 196.06 FEET TO THE POINT OF BEGINNING AND LESS THAT PART OF LAND LYING WITHIN 50 FEET OF EACH SIDE Of THE FOLLOWING DESCRIBED CENTERLINE FOR THE ROAD RIGHT OF WAY: BEGIN AT THE WEST 1/4 CORNER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST, RUN SOUTH 88'26'40"EAST ALONG THE EAST -WEST CENTERLINE A DISTANCE OF 5248.28 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083 FEET AND A CENTRAL ANGLE OF Gi,44'27 THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 63.29 FEET TO THE POINT OF TANGENCY THEREOF, NORTH 89'48'53"EAST 1340.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300 FEET AND A CENTRAL ANGLE OF 37'55'13", 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 FEET AND A CENTRAL ANGLE OF 67'44'14", THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 2009.80 FEET TO THE POINT` OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300 FEET AND A'CENTRAL ANGLE OF 29'42'17", THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CUPVE, P DISTANCE ^t P73.98 FEET TO THE POiN i OF ANGcNC: i : ME4c'r , i hENC 89'55'37"EAST 173.56 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 28. TOWNSHIP 22 SOUTH. RANGE 26 EAST AND POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, PLAT BOOK 2, PACE 28, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. QUIT CLAIM DEED RECORDED IN DEED BOOK 299 PAGE 635 TRACT 11 STATEg ROAD 50 rt 30' UTILITY EASEMENT �+ O.R.B. 1512/1800 v 0 0 g D / / N /r U U f NOTES 1. BEARINGS BASED ON THE ASSUMED BEARING OF S.OWOO'00"W. ALONG THE EAST LINE OF TRACTS 11, 22 & 27. 2. ABOVEGROUND ENCROACHMENTS, IF ANY, AS SHOWN. 3. UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS, IF ANY, NOT LOCATED. 4. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 5. ADDITIONS OR DELETIONS TO THE SURVEY SHOWN HEREON BY OTHERS THAN THE SIGNING PARTY IS PROHIBITED WITHOUT WRITTEN CONSENT OF SAID SIGNING PARTY. 7. TEMPORARY EASEMENTS SHOWN IN TITLE COMMITMENT. (12, & (t4) HAVE EXPIRED. S. RESOLUTION NO, 2004-84 (16) IN TITLE COMMITMENT DOES NOT APPLY TO SUBJECT PARCEL. 9. DEED BOOK 90/55 REFERS TO PLATTED ROADWAY AS SHOWN HEREON; DEED BOOK 299/635 IS THE 75 FOOT RIGHT OF WAY WIDTH AS SHOWN HEREON; do MISCELLANEOUS BOOK 7/580'IS A POWER LINE EASEMENT AND MAY OR MAY NOT AFFECT SUBJECT PROPERTY.' GRAPHIC SCALE SOUTH RIGHT OF WAY LINE OF STATE ROAD 50 SANITARY SEWER LINE .GAS -LINE, DEPTH UNKNOWN 220.00' 6.02 +/- ACRES W a. N D 0 W J yj N Of C,� O co 'AO OD F m p.w 0� <U O z? - z N 0 tl i 3 � i FIRST LESS OUT IN DESCRIPTION 150 0 75 150 300 600 Blackburn Surveying, . IN FEET ( > L.B. # 6528 1 inch - 150 ft.642 WEST HICHWAY 50 P.O. Boa 1210" I] - FOUND 40 CONCRETE MONUMENT #1571 Clermont, Florida 3471-9 O - FOUND #5 REBAR W/CAP MARKED FAR BAR (352) 394-4417 . 0- SET #4 REBAR W/CAP MARKED LB 6528 Fax (352) 394-7058 OHP- OVERHEAD POWER LINES © = SANITARY SEWER MANHOLE BOUNDARY SURVEY FOR: 11_�- POWER POLE REVISED 10/22/2010 TO REVISED NO'fE 9 AFTER REVIEW OF DOCUMENTS CERTIFIED TO: CITIZENS FIRST BANK LADD DEVELOPMENT, INC. SILVER FOX DEVELOPMENT, INC. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY D W. HENNINP.A. McLIN P.A.McUN & BURNSED, P. ", PATRICK M. KELLEY P.G.S. F1 ORfDA SURVEYORS CERT(FlCATE NO. 442J NOT VALID W17NOU>1 THE ORIGINAL RAISED S£Al. AND SIGNATURE OF A fLORIDA LICENSED SURVEYOR k MAPPER THE S jgyE ' OFPI TE ^ BY PROF 22b& LIARII ITY INSURANCE Ladd Development, Inc., Et. At. 28-22-26 LAKE COUNTY, FLORIDA PAGE NO. 1 I DRAWING NO. Ladd282226 CITY OF CLERMONT ORDINANCE No. 2013-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing November 6, 2012 and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held public hearings November 13, 2012 and January 8, 2013 on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; SECTION 1. NOW THEREFORE, BE IT ORDAINED, by the City of Clermont, Florida that: The Future Land Use Map of the City of Clermont, adopted by the City of Clermont August 13, 1991, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Clermont Local Planning Agency and the Clermont City Council, is hereby amended by changing the following described property as shown: LEGAL DESCRIPTION A portion of lands described in Official Records Book 3788, Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract 44 (lying East of the Easterly right-of-way of U.S. 1 CITY OF CLERMONT ORDINANCE No. 2013-01 Highway #27), of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Plat Book 2. Page 27, in Lake County, Florida; thence North 89' 48' 33" East along the North line of said Tract 44 a distance of 225.79 feet; thence leaving said North line, run South 18' 22' 17" East, 892.00 feet; thence North 71 ° 37' 43" East, 50.00 feet; thence South 18' 22' 17" East, 830.00 feet; thence South 71' 37' 43" West, 130.00 feet; thence South 18' 22' 17" East, 135.00 feet; thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a point on a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of 00' 18' 37" and a chord of 62.86 feet that bears North 15' 16' 23" West; thence the following courses and distances along the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' 18" West, 14.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11591.56 feet, a central angle of 1 ° 29' 43" and a chord of 302.50 feet that bears North 16' 10' 33" West; thence along the arc of said curve a distance of 302.51 feet; thence South 73' 04' 35" West, 11.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1 ° 27' 42" and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the arc of said curve a distance of 295.41 feet; thence North 18° 22' 17" West, 407.12 feet; thence North 71 ° 36' 53" East, 17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence North 71 ° 36' 53" East, 5.00 feet; thence North 18' 23' 07" West, 185.92 feet to the North line of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, run North 89' 48' 33" East along said North line of said Tract 43 a distance of 137.21 feet to the Point of Beginning. Said parcel contains 16.40 acres, more or less. All that certain land situated in Lake County, Florida, viz: Tracts 44, 45, 46, and Tract 43 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS in Section 9, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2. Page 27, in Lake County, Florida; . 0 1 The South 1/2 of the Southeast 1/4; and the East 1/2 of the Southeast 1/4 of the Southwest 1/4, lying East of the Easterly right-of-way of U.S. Highway 27, all in Section 9, Township 23 South, Range 26 East, Lake County, Florida; AND Tract 2, 3 and 4; Tract 5 (lying East of the Easterly right-of-way line of U.S. Highway No. 27, of MONTE VISTA PARK FARMS, in Section 16, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. ALSO FURTHER DESCRIBED AS, VIZ: The Northeast 1/4 of the Southeast 1/4; the South 1/2 of the Northwest 1/4 of the Southeast 1/4; the Southeast 1/4 of the Southeast 1/4; the Southwest 1/4 of the Southeast 1/4; the Southeast 1/4 2 CITY OF CLERMONT ORDINANCE No. 2013-01 of the Northeast 1/4 of the Southwest 1/4; and those parts of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4; the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, lying East of the right-of-way of State Road No. 25 (Federal Highway #19), Section 9, Township 23 South, Range 26 East. That fractional part of Tract 5 lying East of State Road 25, (formerly State Road 8-A, Federal Highway #19), Section 16, Township 23 South, Range 26 East, according to the plat of MONTE VISTA PARK FARMS, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. The North 1/2 of the North 1/2 of the Northeast 1/4, Section 16, Township 23 South, Range 26 East. LESS AND EXCEPT: that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2, 2006 in Official Records Book 3175, Page 963, in the Public Records of Lake County, Florida. LESS AND EXCEPT: Parcel 1 A portion of lands described in Official Records Book 3788, Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Plat Book 2. Page 27, in Lake County, Florida; thence North 89' 48' 33" East along the North line of said Tract 44 a distance of 225.79 feet; thence leaving said North line, run South 18' 22' 17" East, 892.00 feet; thence North 71" 37' 43" East, 50.00 feet; thence South 18' 22' 17" East, 830.00 feet; thence South 71' 37' 43" West, 130.00 feet; thence South 18' 22' 17" East, 135.00 feet; thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a point on a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of 00' 18' 37" and a chord of 62.86 feet that bears North 15' 16' 23" West; thence the following courses and distances along the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' 18" West, 14.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11591.56 feet, a central angle of 1 ° 29' 43" and a chord of 302.50 feet that bears North 16' 10' 33" West; thence along the arc of said curve a distance of 302.51 feet; thence South 73' 04' 35" West, 11.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1 ° 27' 42" and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the arc of said curve a distance of 295.41 feet; thence North 18' 22' 17" West, 407.12 feet; thence North 71' 36' 53" East, 17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence North 71' 36' 53" East, 5.00 feet; thence North 18' 23' 07" West, 185.92 feet to the North line of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, run North 89' 48' 33" East along said North line of said Tract 43 a distance of 137.21 feet to the Point of Beginning. Said parcel 2 contains 66.06 acres, more or less. 3 CITY OF CLERMONT ORDINANCE No. 2013-01 CHANGE IN FUTURE LAND USE FROM REGIONAL OFFICE TO COMMERCIAL AND HIGH DENSITY RESIDENTIAL SECTION 2. If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 3. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. 4 CITY OF CLERMONT ORDINANCE No. 2013-01 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8t' day of January, 2013. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: Tracy Ackroyd, City Clerk Approved as to form: Dan Mantzaris, City Attorney k CITY OF CLERMONT PLANNING & ZONING COMMISSION November 6, 2012 CITY COUNCIL November 13, 2012 (introduction) January 8, 2013 (Adoption) Proposed Large -Scale Comprehensive Plan Amendment Ordinance No. 2012-11-M REQUEST: Large -Scale Comprehensive Plan Amendment changing the future land use From: Regional Office To: Commercial (Parcel 1, 16.4 acres) and High Density Residential (Parcel 2, 66.06 Acres) PROJECT NAME: Hartwood Properties OWNER: Hartwood Properties, LLC APPLICANT: Jim Hall, AICP. ASLA PARCEL SIZE: 82.46 acres +/- LOCATION: East of US 27 and south of Hartwood March Rd. EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Regional Office EXISTING ZONING: UE Urban Estate Low Density Residential District (Proposed Zoning: Office) SURROUNDING CONDITIONS: ZONING NORTH: C-2 General Commercial SOUTH: R-6 Urban Residential (County) EAST: R-6 Urban Residential (County) EXISTING LAND USE Commercial Consery 2, Vacant Vacant WEST: All County: Commercial; MHP; Vacant; C-1 Neighborhood Commercial and, SF residential A Agriculture CFD Community Facility District R-6 Urban Residential ROAD CLASSIFICATION: US 27 — Arterial UTILITY AREA: City of Clermont SITE UTILITIES: City of Clermont water & sewer SITE VISIT: 10-9-12 SIGNS POSTED: By applicant FUTURE LAND USE DISTRICT Commercial Public Service Facility (County) Regional Office Urban Low Density (County) Hartwood Properties / page 1 ANALYSIS: The applicant is requesting land use changes the 82.46 acres from Regional Office to Commercial on 16.40 acres & High Density Residential on 66.06 acres. This land use change is part of an annexation and rezoning request. The site will be developed in accordance with the Land Development Code with an approved site plan. A traffic study must be completed in accordance with City code and reviewed by the MPO for compliance and any fair share requirements. Access to the sites will be from US 27. The land use changes to Commercial and High Density Residential would be consistent with the uses in the area. STAFF RECOMMENDATION: Staff recommends approval of the land use change request. Hartwood Properties / page 2 N . Hartwood Properties, LLC — Comprehensive Plan Amendment & Rezoning Comprehensive Plan: From: Regional Office To: Commercial (Parcel 1, 16.40 acres) High Density Residential (Parcel 2, 66.06 acres) Rezoning: From: R-6 County to UE Urban Estate & UT Urban Transition District, (upon annexation) To: C-2 General Commercial (Parcel 1, 16.40 acres) R-3-A Residential/Professional (Parcel 2, 66.06 acres) Aerial view with surrounding land uses: MAK 1 NVVUU MAKbM KU City of Clermont?" ' \\Cityhall\shares\Planning and Zoning\Developments\Comp Plan Amendments\LSA Hartwood Properties CC 11-12.doc Hartwood Properties / page 3 f L4K CITY OF CLERMONT COMPREHENSIVE PLAN AMENDMENT Application DATE: Sep 7, 2012 Project Name (if applicable): Hartwood Marsh-- Applicant:Jim Hall, AICP, ASLA Contact Person: Jim Hall ---------------------- Address: 225 E. Robinson Street, Suite 300 ------------------------ City: Orlando ------------ State:_F� Phone: 407-839-4006 Fax: -------------------- — E-Mail: ihall@vhb.com OWNER: Hartwood Properties LLC Address: P.O. Box 617138 City: _Orlando --__--- — Phone: --------------- E-Mail: General Location: East side of US 27, a FEE: $1,500 Zip: 32801 State:FL ------------------ Zip:_ 32861 ------ Fax: --------------------- imatelv one auarter mile south of Hartwood Marsh Road. ------------------------------------------------------------------ Legal Description (include copy of survey): See provided warrantdeed and boundary surv21 -------------------------------------------------------------------- Property size (in acres or square feet): _82•46 acres Flood hazard area (yes) _X_ and approx. acreage __18______ (no)_____ Existing (Actual) Land Use: _Vacant -------- ---------------------------- --- Existing Zoning:_R-6 (Lake County) ------------------------------ ---------- --------- Existing Future Land Use: —Regional Office (Lake County)— --------------------- --- Proposed Future Land Use: _Commercial (Parcel 1) and Residential High Density (Parcel 2) --- Type of development proposed: _Commercial and Residential ----------------------------- Proposed density (dwelling units/acre) or intensity:_u_p_+.a_JJ tu_ 4c. q � 25 FA_ Proposed Zoning District:_C-2 (Parcel 1) and R-3_A (Parcel 2) _see attached sketch and descrip. 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 provided Justification Report -------------------------- -------------------------- ------------------------------------------------------------------- ---------------------------------------------------- The City of Clermont may require additional information to justify, clarify or explain the necessity of the requested Comprehensive Plan Amendment which may include the following: ➢ Information regarding the compatibility of the proposed land use amendment(s) with the Goals, Objectives and Policies of the Future Land Use Element and any other affected comprehensive plan elements. ➢ A description of how the proposed amendment(s) will result in an orderly and logical development pattern with existing and proposed land use(s) of the area. ➢ A description of the present availability of, and estimated demand on the following public facilities: potable water, sanitary sewer, transportation system and recreation, as appropriate. ****** NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED UNTIL CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 Page 2 Comprehensive Plan Amendment, Application APPLICANT'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared Jim Hall, AICP, ASLA by me first duly sworn on oath, deposes and says: , who being 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 Regional Office (Lake County)_ tOs Commercial and High Density Residential ---------------------- y------- 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. J[m-19a A LA -- ---------------------------- Affiant - pplicant Name (sig4 Ltuy'e) SWORN to and SUBSCRIBED before me by _ Z�4(_ — VA or personally known by me this day of _ _ _, 20 1? . x_ SKJ COMMIS IJACKD 976 Notaryublic, S t of Florida at Large ° MY COMMISSION #DD978012 EXPIRES: MAR 28, 2014 Bonded through 1st State Insurance 21 My Commission Expires:��070� Page 3 Comprehensive Plan Amendment, Application OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE SS: Before me, the undersigned authority personally appeared C. David Brown, II as Manager of Hartwood Properties, LLC by me first duly sworn on oath, deposes and says: , who being 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 Regional Office (Lake County) _—to Commercial and High Density Residentialfor the property legally described on the attachment of this application. 3 That the owner of said property has appointed Jim Hall 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. Hartw,o,o4 Properties, LLC by C. av d o anager x ------ ------------------------ Affiant — Owner's Name (signature) SWORN to and SUBSCRIBED before me by or personally known by me this __j-D —___ day of _s 20 12_, Notary Public,&tate of Florida at Large My Commission Expires: Page 4 Comprehensive Plan Amendment, Application 2ot�ar.r.e�c NMYH.BOWMM * * MY COMMISSION # EE 199918 EXPIRES: July 25, 2016 Bonded Thru Budget Notary Services DESCRIPTIO I II ` II II \ 1 I II 89'a833" E I N 18'23'07' W 363.00 I I 185.92' I N 71'36'53' E 16Irl 18'22* S 17" E i l as2.00z.00' I I ^ I .a. x. K :, III I !$4Ls• N 18'22'1 W -- -- -r -- - -- - - - 699.88' \ I �50 O T43' E 5 N 71'36'53' E� 1TOO � N 1872YT W- 407.12' R=11579.59., L=295.41' e=1'27'42" CHB-N 17*39'16' W CHD-295.40' PARCEL 1 S 73W35" W gy\ 111.9T R-11591.56' 04\ L-30251' e=1'29'43' CHB-N 16'10*3HD-302.50' 0' \ _ C302.50' S 7434'18' W 2 7 14.97 , lS7r L n= I louo.o.1- L=6286' I e=078'37 CHB-N 156'23' W i I CHD=6286' I I rar.rc:. � I III 1 II I I 'r 1 I I I I I I II 200 0 200 400 MIR SCALE IN FEET PARCEL 2 S 18zTIT E 83D.00' 5 71'3T43" W �• 130.00' S 1S."E t 135.00' I .... z 21x,- -I 1 I I II II I .in I .izr..v I II I I I II I KIM. I I II I' I I I I A portion of lands described in Official Records Book 3788. Page 45. of the Public Records of lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more porticulorly described as follows: Begin at the Northwest comer of Tract 44 (ling East of the Easterly right-of-way of U.S. Highway #27). of MONTE VISTA PARK FARMS. according to the plat thereof as recorded in Plot Book 2 Pogo 27, in Loke County, Florida; thence North 89' 4W 3Y East along the North line of said Tract 44 o distance of 363.00 feet; thence leaving said North line, run South 18' 22' 17• East, 892.00 feet thence North 71' 3T 43• East 50.00 feet: thence South 18' 22' 17• East, 830,00 feet; thence South 71' 37' 43" West, 130.00 feet; thence South 18' 22' 17" East, 13500 feet thence South 74' 52' 55• West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a pant an a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of OW 18' 37' and a chord of 62.86 feet that bears North 15' 16' 23• West thence the following courses and distances along the or: of said curve and Easterly right of way line a distance of 62.86 feet thence South 74' 34' 18• West, 14.97 feet to a pant on a non -tangent curve concave Westerly, having a radius of 11591.56 feet a central angle of 1' 29' 430 and a chord of 302.50 feet that bears North 16' IV 33• West thence along the are of said curve a distance of 30251 feet thence South 73' 04' 35• West, 11.97 feet to a point on a non -tangent CUM concave Westerly, having a radius of 11579.59 feet, a central angle of 1' 27' 42• and a chord of 295.40 feet that bears North IT 39' 160 West; thence along the we of said curve a distance of 295.41 feet thence North 18' 22' 1T West 407.12 feet thence North 71' 36' 53• East, 17.00 feet; thence North 18' 22' 17' West, 699.88 feet; thence North 71' 36' 53' East 5.DO feet thence North 18' 23' 07' West 185.92 feet to the Point of Beginning. Said parcel contains 16.40 acres, more or less LEGAL DESCRIPME PARCEL 2 All that certain land situated in Lake County, Florida, viz Tracts 33, 34, 44. 45. 46, 47, 48, and Tract 43 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS in Section 9, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2 Pogo 27, in Lake County, Florida; AND The South )i of the Southeast Y4; and the East )f of the Southeast Y4 of the Southwest Y4, lying East of the Easterly right-of-way of U.S. Highway 27, all in Section 9, Township 23 South, Range 26 East, Lake County, Florida; AND Tract 1, 2, 3 and 4; Tract 5 (lying East of the Easterly right-of-way line of U.S. Highway No. 27, of MONTE VISTA PARK FARMS, in Section 76, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2, Poge 27, Public Records of Lake County, Florida. ALSO FURTHER DESCRIBED AS, VIZ - The Northeast Y of the Southeast )14: the South h of the Northwest Y. of the Southeast Y4; the Southeast Y of the Southeast Y4; the Southwest i; of the Southeast Y4; the Southeast Y of the Northeast Y4 of the Southwest Y4; and those parts of the Northeast Y4 of the Southeast Y of the Southwest Y4; the Southeast Y of the Southeast Y4 of the Southwest Ys and the Southwest Y of the Northeast Y4 of the Southwest Y4, lying East of the right-of-way of State Road No. 25 (Federal Highway #19), Section 9, Township 23 South, Range 26 East. That fractional port of Tract 5 lying East of State Road 25, (formerly State Rood 8-A, Federal Highway #19), Section 16, Township 23 South, Range 26 East, according to the plot of MONTE VISTA PARK FARMS, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. The North Ns of the North X of the Northeast Y4, Section 16, Township 23 South, Range 26 East. LESS AND EXCEPT. that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2 ,2006 in Official Records Book 3175, Page 963, in the Public Records of Lake County, Florida. LESS AND EXCEPT: A portion of lands described in Official Records Book 3788. Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest comer of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway 127), of MONTE VISTA PARK FARMS according to the plat thereof as recorded in Plat Book 2 Page 27. in Lake County, Florida; thence North 89' 48' 33• East along the North line of said Tract 44 a distance of 363.DO feet-' thence leaving said North line, run South 18' 22' 17• East, 892.00 feet; thence North 71' 37' 43' East 50.00 feet; thence South 18' 22' 17• East 830.00 feet thence South 71' 37' 43• West 130.00 feet; thence South 18' 22' 17• East 135.00 feet thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way lime of U.S. Highway 27 per Florida Department of Transportation Fed Project ID: Section 11200. being a point an a non-tongent curve concave Westerly, having a radius of 11606.53 feet, a central angle of W IS' 37• and a chord of 62.86 feet that bears North 15' 16' 23• West thence the following courses and distances olong thearc of said curve and Easterly right of way line a distance of 6286 feet thence South 74' 34' 18• West 14.97 feet to a point an a non-tongent curve concave Westerly, having a radius of 11591.56 feet, a central angle of V 29' 43• and a chord of 302.50 feet that bears North 16' 10' 33• West thence along the arc of said curve a distance of 302.51 feet thence South 7S 04' 35• West, 11.97 feet to a point an a non -tangent curve concove Westerly, having a radius of 11579,59 feet a central angle of 1' 27 42• and a chord of 295.40 feet that bears North 1T 39' I6• West; thence long the arc of said curve a distance of 295.41 feet; thence North 18' 22' 17• West 407.12 feet; thence North 71' 36' 53• Eost 17.00 feet; thence North fir 22' 17" West, 699.68 feet; thence North 71' 36' 53• East 5.00 feet thence North I6. 23' 07• West 185.92 feet to the Point of Beginning. Said parcel 2 contains 66.06 acres, mm or less. Vanasse Hangen BrustUn, Inc. Transportation Imd Development Environmental Services Landmark Center To 225 E. Robinson SL, Suite 300 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 licensed Survey Business LB7153 Legend & Abbreviations 0 DRAIN MA14HOLE 7,T FIRE HYDRANT 0 CATCH BASIN STREET SIGN 0 SEWER MANHOLE LIGHT POLE 0 ELECTRIC MANHOLE 0- GUY POLE ® TELEPHONE MANHOLE 00Y WIRE MB MAIL BOX MANHOLE 18 ELECTRICAL BOX � •Wny, UTIUTY POLE M GAS VALVE DQ WATER VALVE Y WATER METER IbROR IRRIGATION VALVE 9 MITERED END SECTION Q TELEPHONE PEDESTAL ® CABLE PEDESTAL P.R.M. - PERMANENT REFERENCE MONUMENT P.O.C. = POINT ON CURVE P.C. = POINT OF CURVATURE P.R.C. = POINT OF REVERSE CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.T. - POINT OF TANGENCY P.I. = POINT OF INTERSECTION P.C.P. = PERMANENT CONTROL POINT P.O.L. = POINT ON LINE LB. = LICENSE BUSINESS C.M. - CONCRETE MONUMENT P.B. = PLAT BOOK PG. - PAGE O.R. = OFFICIAL RECORDS BOOK U.E - UTILITY EASEMENT O.E. - DRAINAGE EASEMENT ROW = RECLAIMED WATER LINE CAN = CABLE TELEVISION R/W = RIGHT-OF-WAY R - RADIUS L = ARC LENGTH e - CENTRAL ANGLE CB = CHORD BEARING CH - CHORD DISTANCE -OHW- = OVERHEAD MRES -E- - BURIED POWER LINE --C- = BURIED CABLE TELEVISION UNE -A'-= BURIED WATER UNE -T-= BURIED TELEPHONE LINE -C - = BURIED GAS LINE (WYl = TREE LINE 3 = NAIL 4 DISK • =SET 5 8" IRON ROD WITH CAP _ US 71 3' UNLESS NOTED ■ = SET 4'x 4' C.M. PRM-LB 7153 o = FOUND 4'x 4' C.M. Hartwood Marsh LAKE COUNTY, FLORMA HARTWOOD PROPERTIES, INC. D-1 - SKETCH & DESCRIPTION sV1 1 1 611911eer P:\61191.01%csd\v\pla t\61191.01-legal.dwg 200 1 LEGAL. DESCRIPTION PARCEL I A portion of lands described in Official Records Book 3788, Page 45. of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: �7 I Begin at the Northwest comer of Tract 44 (lying East of the Easterly right-of-way of U.S. I I Highway #27), of MONTE VISTA PARK FARMS, according to the plot thereof as recorded in Vanasse Hangen Brustlin, Inc. Plot 1 \ I I I Book 2. nLake dnte of 225.79 eel: thence 33" East North 27, ` North line of said Tract44as arun Transportation \ w. r. ., _ w . „: w _, "•r _ • _ • . _, `'• South 18' 22' 17" East, 892,00 feet thence North 71' 37' 43" East, 50.00 feet; thence Land Development South 18' 22' 17' East. 830.00 feel; thence South 71' 37' 43' West, 130.00 feet; thence Envrmnmentai Services 5 B9'4833 IN I I South 18' 22' 17" East, 135.00 feet; thence South 74' 52' 55' West, 279.05 feet to the Landmark Center Two 137.21 I I Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation 225 E. Robiamis SL, Suite 300 1 \ I I -•- Fed Project ID: Section 11200. being a point an a non-targent curve concave Westerly.Orlando, FL 32801 S 89'483:i 'W �yi- 9 P 9 725 79� I I I I having a radius of 11606.53 feet, a central angle of 00' 18' 37' and a chord of 62.86 407 839 4006 • FAX 407 8394008 feet that bears North 15' 16' 23' West; thence the following courses and distances along Licensed Survey Business LB7153 the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence Legend & Abbreviations mss�z South 74' 34' 18' West, 14.g7 feet to apoint an anon -tangent curve cancave Westerly, g having a radius of 11591.56 feet, a central angle of 1' 29' 43" and a chord of 302.50 ID DRAIN MANHOLE y,T FIRE HiOPAl1T u 18'23GT w� Point of I I I+ feet that bears North 16' 10' 33" West; thence c!ong the we of said curve a distance of 0 CATCH BASJH STREET SIG14 185.92 Beginnning I 302.51 feet; thence South 73' 04' 35" West, 11.97 feet to a point on anon -tangent �D SEWER MANHOLE a LIGHT POLE curve concave Westerly, having a radius of 11579.59 feel, a central angle of 1' 27' 42' 'D ELECTRIC MANHOLE O GU, POLE 'D TELEPHO14E MANHOLE 14 71'35'S� E -="Ig �� " I I and a chord of 295.40 feet that bears North 17' 39' 16' West; thence along the are of G MAIIHOLE GUY WIPE 500' \ c said curve a distance of 295.41 feel; thence North 18' 22' 17" West, 407.12 feet; thence s1R MAIL BOx ®ELECTRICAL BOX I I I North 71' 36' 53' East, 17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence M., UTILITY POLE S 18'2217" E D'1 Gas vALeE North line 36' S3" East, f the feet thence North thence 23'lea 0T West. Easterly feet to the ° WATER METER I I North lire of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, � WATER vaL'.£ WIA v .• run North 89' 48' 33" East along said North line of said Tract 43 a distance of 137.21 I� IRRIGATION VALVE MITERED END SECTIgt feet to the Point of Beginning. 8 TELEPHrXJE PEDESTAL © CABLE PEDESTAL �11 •e ro Said parcel contains 16.40 acres, more or less. P.R.M. = PEFMAIJEIeT REFEREIJCE MONUMENT I I I PAC = POINT CA CURVE AS+ RC = POINT OF CURVATURE / •� -k " I I LEGAL DESCRIPTION WCEL 2 P.R.0 = POINT OF REVERSE CURVATURE -., P C.0 = PCYNT OF COMPOUND CURVATURE 'w _ �I _ _ _I _ _ - _ - _� - - I - All that certain land situated in Lake County, Florida, viz: P T = PIIIIT F 4 ERS C I _ _ P 1. =POINT Of INTEP,SECTIC4! II 18'2217' I - r - - - - - - - - - - - - -_ _ _ - - - _ P C.P = PEPIAANEMT CONTROL POINT 699.88 H 7137'43' E Tracts 44, 45, 46, and Tract 43 (lying East of the Easterly right-of-way of P.OL PONT Oft LINE -r• v- 5000' - U.S. Highway #27). of MONTE VISTA PARK FARMS in Section 9, Township 23 L.B. = UCEIISE BUSINESS 11 71'3653' E South, Range 26 East, according to the plat recorded in Plat Book 2. Page 27, CM = CCIICPETE MOIIUMEIIT 17.00 - in Lake County, Florida; P B. PLAT PG = PACEBOOK \� AND O.R. = OFFICIAL RECORDS BOOK U.E. = UTILITY EA5EMEHT 0 E. = OP.A.IIJACE EASEMEIIT PARCEL 1 The South h of the Southeast Y; and the East Ji of the Southeast Y of the PCw - RECLAIMED WATER UNE 14 18•v217' w�- "" "•"" Southwest Y4, lying East of the Easterly right-of-way of U.S. Highway 27, all in CATV = CABLE TELEVISION Section 9, Township 23 South, Range 26 East, Lake Count Florida: P;'W = RIGHT-OF-WA'r 407.12' P 9 Y• PARCEL 2 R = RADIUS l =ARC LEHGTH R=1157959- '�D d = CENTRAL ANGLE L-295.41 CS = CHORD BEAP114G 0 =1.742` 4 I S 18'2217 E Tract 2, 3 and 4; Tract 5 (lying East of the Easterly right-of-way line of U.S. CH = CHORD DISTANCE CHB=H 17'39.16' W i+. 83000' Highway No. 27, of MONTE VISTA PARK FARMS, in Section 16. Township 23 -OH W- = OVERHEAD WIPES CHD=295 40 � South, Range 26 East, according to the plat recorded in Plot Book 2, Page 27. -E- = BUP.IED POWER UNE Public Records of Lake Count Florida. -C- = BURIED CABLE TELEVISION LINE S 970435` W Y• -W- = BURIED WATER LINE �+V 1137_ ALSO FURTHER DESCRIBED AS, VIZ: -T- = SUPIED TELEPHCIIE LIIIE r- = SUFIED GAS LINE The Northeast Y4 of the Southeast Y4; the South Y2 of the Northwest Y4 of the f" Y-YY1 = TREE LIIIE P=3 = IIAIL k DISK 01.56 i ,a`ru� Southeast Y4; the Southeast Y of the Southeast Y4; the Southwest Y of the • _ ET 5/ L= 30251 Southeast Y4; the Southeast Y4 of the Northeast Y4 of the Southwest Y4: and SET 715� 8' IP.ON ROD WITH CAP UNLESS NOTED p=1'2B'43' S 71.3743" W I those parts of the Northeast Y of the Southeast Y4 of the Southwest Y4; the ■ = SET Y. 4. C.M. PFM-LB 7153 CH8=N 161O33' W \ 130.00 Southeast Y4 of the Southeast Y of the Southwest Y and the Southwest Y4 of o = FOUND 4% 4" C M HD=302 50 - the Northeast Y of the Southwest Y4, lying East of the right -of -war of State N 0 200 SCALE IN FEET S 74'34 18 w 14.97' ,"0, � 1 L=62 E6' 0=018 37' CHB=N 15'1623- W CH0=62.86' 400 III II III 1 III II I 1 1' 1 1 1 I 1 I I `S 18'2217- E 135.00 I I I I 21 I I I I I I I I I I Road No. 25 (Federal Highway #19). Section 9, Township 23 South, Range 26 East. That fractional part of Tract 5 lying East of State Road 25. (formerly State Road 8-A, Federal Highway #19), Section 16, Township 23 South, Range 26 East, according to the plat of MONTE VISTA PARK FARMS, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. The North Y2 of the North h of the Northeast Y4, Section 16. Township 23 South, Range 26 East. LESS AND EXCEPT: that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2 .2006 in Official Records Book 3175. Page 963, in the Public Records of Lake County, Florida. LESS AND EXCEPT: Parcel 1 A portion of lands described in Official Records Book 3788, Page 45. of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest comer of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway 127). of MONTE VISTA PARK FARMS, according to the plot thereof as recorded in Plot Book 2. Page 27. in Lake County, Florida; thence North 89' 48' 33' East along the North line of said Tract 44 a distance of 225.79 feet; thence leaving said North line, run South 18' 22' 17' East. 892.00 feet; thence North 71' 3Y 4Y East 50.00 feet; thence South 18' 2217' East. 830.00 feel; thence South 71' 37' 43" West, 130.00 feet thence South 18' 22' 17" East, 135.00 feet; thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed Project ID: Section 11200, being a point an a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of 00' 18' 37' and a chord of 62.86 feet that bears North 15' 16' 23" West; thence the following courses and distances along the ac of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' 18' West, 14.97 feel to a point an a non -tangent curve cancan Westerly, having a radius of 11591.56 feel, a central angle of 1' 29' 43" and a chord of 302.50 feet that bears North 16' 10' 33' West; thence along the arc of said curve a distance of 302.51 feet; thence South 73' 04' 35" West, 11.97 feel to a point an a non -tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1' 27' 42" and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the are of said curve a distance of 295.41 feet; thence North 18' 22' 17' West 407.12 feet; thence North 71' 36' 53' East. 17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence North 71' 36' 53' East, 5.00 feet; thence North 18' 23' 07" West, 185.92 feet to the North lire of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, run North 89' 48' 33' East along said North line of said Tract 43 a distance of 137.21 feet to the Point of Beginning. Said Forest 2 contains 66,06 acres, more or less Hartwood Marsh LAKE COUNTY, FLORIDA HARTWOOD PROPERTIES, INC. ­9 n,i, SKETCH & DESCRIPTION P-.%1191.01Irsdle VlametV31191.014epLdws • BOUNDARY AND TOPOGRAPHIC SURVEY LEGAL L1E5>CRP110N c BY a"*All that certain land situated in Lake County, Florida, viz Tracts 33, 34. 44. 45. 46. 47. 48, and Tract 43 (lying East of the Easterly right—of—way of U.S. Highway 127), of MONTE VISTA PARK FARMS in Section 9, Township 23 South, Range 26 East. according to the plat recorded in Plot Book 2. Page 27. in Lake County, Florida; AND The South $ of the Southeast Y.: and the East Yt of the Southeast Y4 of the Southwest Y4. lying East of the Easlarty right—of—way of U.S. Highway 27. all in Section 9, Township 23 South, Range 26 Easl, Lake County, Florida; AND Tract 1, 2, 3 and 4; Tract 5 (lying East of the Easterly right—of—way line of U.S. Highway No. 27, of MONTE VISTA PARK FARMS, in Section 16. Township 23 South, Range 26 East. according to the plot recorded in Plat Bode 2, Page 27, Public Records of Lake County, Florida. ALSO FURTHER DESCRIBED AS, VIZ: The Northeast Y4 of the Southeast )4; the South )� of the Northwest )' of the Southeast Y; the Southeast A4 of the Southeast & the Southwest )L of the Southeast Y1; the Southeast Y of the Northeast Y of the Southwest Yr, and those ports of the Northwest Y4 of the Southeast Y. of the Southwest A4; the Southeast Ya of the Southeast )4 of the Southwest )6 and the Southwest 14 of the Northeast Y4 of the Southwest Y4, lying East of the right—of—way of Slate Road No. 25 (Federal Highway /19), Section 9, Township23 South, Range 26 East. That fractional part of Tract 5 lying East of State Road 25. (formerly State Road 8—A, Federal Highway #19). Section 16, Township 23 South, Range 26 East, according to the plat of MONTE VISTA PARK FARMS, recorded in Plot Book 2, Page 27, Public Records of Lake County, Florida. The North $ of the North )J of the Northeast Y Section 16. Township 23 South, Range 26 East. LESS AND EXCEPT: that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2 ,2006 in Official Records Book 3175. Pogo 963, in the Public Records of Lake County, Florida. Contains 82.46 acres more or lees. SURVEYOR'S NOTES: Bearings shown hereon are assumed and based on the South line of the Southeast 1/4 of Section 9-23-26 as having a bearing of North 89' 19.18' West, . Legal descriptions shown hereon were provided by the client. There may be easements and restrictions of record and/or private agreements not furnished to this surveyor or shown on this boundary survey that may offect properly rights and/w land use rights of the subject property. This Survey was performed without the benefit of a title search. There may be environmental issues and/w other matters regulated by various Departments of Federal, Slate or Local Governments affecting the subject property not shown on this survey. Subject properly shown hereon Is in Zones X and A. according to Flood Insurance Rote Map number 12069CO650D, map date July 3, 2002. This Survey was performed for the sole and exclusive benefit of the entities listed hereon and shall not be relied upon by any other entity or individual whomsoever. This Survey is not valid without the signature and original raised seal of a Florida licensed surveyor and mapper. Underground utilities and improvements were not located, unless shown hereon. The elevations as shown hereon are based on Florida Deportment of Transportation Benchmark described as C465 1997, a concrete monument with a 3' disk, having a published elevation of 167.91'. National Adjusted vertical Datum of 1988. Lost dote of field survey. September 3, 2010 CURVE TABLE aMIK 1 RADIUS LEf1atN LlgliD BEARsIa DELTA CI xs IU 04.0/ 4e.07 N 1' C2 11007.53 tl2015 819.98 'f C3 11591.50 302,51 3OL50 1 1 C4 11579.59 295.1 295.40 IN 1-2141 I EfEIO: —r— Denotes wire fence 23 Denotes mitered end section • Denotes change in direction, toner not set RN Denotes right—of—way Denotes wall Denotes cenlerine 4 Denotes wood power pole ra Denotes Plot Book Denotes concrete ® Denotes set 1/2' iron rod h cop LB #5723 * Denotes metal power pole - Denotes Page —�- Denotes edge of powment 4e Denotes right—of—way Denotes overhead power —re— Denotes contour elevation -- Denotes underground drainage pipes T Denotes sign 4-- Denotes guy wire s sax Denotes spot elevation G Denotes catch basin •lb Denotes concrete power pole # Denotes light pole Denotes centerline D IL Ill N 55 0 U E Q N 00 ''^^ fin O O T� 2 N z dIr o Z O a Q Q fC a j 0 0 m = U z W J w N ar J J_ e c B � s � J S z 0 5 rc a 0 JOB DATE: SCALE: m rm CALL BY: FIELD BY. -/t rltw MAW Bin CHECKED BY: !AMR 1 OF 5 \ 1 \ TRACT 38 MONTE VISTA PARK FARMS \ 1 P.B. 2, PG. 27 N GRAPHIC SCALE ( IN FELT 1 i—h - 100 K -- ------ III -- -- - ------ - - TRACT 37 1�1 I I TRACT 36 TRACT 35 MONTE VISTA PARK MONTE VISTA PARK MONTE VISTA PARK FARMS FARMS FARMS P.B. 2, PG. 27 I I I I P.B. 2, PG. 27 P.B. 2, PG. 27 IIIWIn uLessi III PART OF THE SOUTHWEST 1/4 o mwx ms A PORTION OF TRACT 46 MONTE VISTA PARK FARMS P.B. 2, PG. 27 ZONE x -------------------- ZONE A � I �J ( G, r I CT 1 L25 I I I 1 ZONE X 213 S. Dillard Street, Suite 210 WINTER GARDEN, FLORIDA • 34787 (4M W-41Q6/(0161-15M FAX I1J LL.co N O U_ Q N 0 0 (n o O N `` \ d r Qw Q m � � z Q O a 0 Z � m T 0 rc Al , III .— DATE SCALE: CAIC BY FIELD BY: DRAM BY: CHECKED BY: SHEET 2 OF 5 \ \ 04 \. 1 ;t �0�9jQQ3\�� 3' 17, �l O � � rnrnr eo. aawn . ww• 1 1 1 1 11 I 1 1 I ZONE A TRACT 13 E VISTA PARK TRACT 14 FARMS MONTE VISTA PARK '. 2, PG. 27 FARMS I P.B. 2. PG. 27 ZONE A �' ----- ` ZONE x GRAPHIC SCALE ( B/ FEET ) I Inch = IDD fL ZONE X ZONE A ZONE X j TRACT 15 / MONTE VISTA PARK FARMS P.B. 2. PG. 27 I I i 213 S. Dillord SIMI. Suite 210 MNTER GARDEN. FLORIDA • 34787 W* 6%-m!(orAw= FAX g! Iir W D W a. N co U it a_ � o � W N IL o EEL E` U Q Q w Z g Q ro p z Q O Qj z w J W to w z 0 rc a 0 CALC BT�-- FlELD BY: - DRAWN BY: CMECNED BY: SHEET 3 OF 5 4 \ \ ---�- � - - --- - - -- � ---- - - - - - - I I I I - - - --- III \ \ III \ \ \ ACT 311 MONTEPARK FARMSACT P.B. 2, PG. 27 I I TRACT 37 MONTE AVISTA RMS PARK I P.B. 2, PG. 27 I I 36 I M�T�AVISTA RMS PARK I P.B. 2, PG. 27 I \ I \ III n SEE SHEET 5 TRACT 35 MONTE VISTA PARK FARMS P.B. 2, PG. 27 A PORTION OF TRACT 46 MON TE VISTA PARK FARMS P.B. 2, PG. 27 ` ZONE X •1 ZW A ---------'---------- 1 ZONE A oAVAHgH . nx 1 1 ZONE X 213 S. Dillard Street, Suite 210 TA;R GARDEN, FLORIDA • 34787 (40/) 8643316/(4DiJQb4-5= FAX W W c IL N U 2 < N o 0 (n o O (L 4 T o a o Z Q O Y Q H a Ho m: QO z Q ¢ Z z m = U w y W J s a 0 aoe / DATE SCALE. CALC BY: FIELD BY: DRAM ll CHECKED BY. SHEET 4 OF 5 TRACT 13 1 \ MOP.B. I MONTE VISTA 4PARK / /� MONTE VISTA TRACT SPARK ZONE x ZONE X I \ 2, PG. 27RK FARMS �� FARMS P.B. 2, PG. 27 �� P.B. 2, PG. 27 \ Arrw�Art uKc a '� i TTT `\` / 1 II ZONE x 1 I 213 S. Dillard Street, Suite 210 MINTER GARDEN, FLORIDA • 31707 (401) 064-wAw/)0W5U FAX (L W coy C g a R !!i o J W O = z U! o U Q Q W J /< IL Q O m O G, p W z 0 rc 0 JOB / laaan WE SCAI£ CAIC BY: I'm BY: wArNK DRAM Y. CHECKED BY: SHEET 5 pF 5 CITY OF CLERMONT ORDINANCE No. 2012-14-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND PUBLICATION. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1 The official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property and as shown in Exhibit "A": LEGAL DESCRIPTIONS A portion of lands described in Official Records Book 3788, Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Plat Book 2. Page 27, in Lake County, Florida; thence North 89' 48' 33" East along the North line of said Tract 44 a distance of 225.79 feet; thence leaving said North line, run South 18' 22' 17" East, 892.00 feet; thence North 71 ° 37' 43" East, 50.00 feet; thence South 18' 22' 17" East, 830.00 feet; thence South 71 ° 37' 43" West, 130.00 feet; thence South 18' 22' 17" East, 135.00 feet; thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a point on a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of 00° 18' 37" and a chord of 62.86 feet that bears North 15' 16' 23" West; thence the following courses and distances along the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' 18" West, 14.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11591.56 feet, a central angle of 1 ° 29' 43" and a chord of 302.50 feet that bears North 16' 10' 33" West; thence along the arc of said curve a distance of 302.51 feet; thence South 73 ° 04' 35" West,11.97 feet to a point on a non - tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1 ° 27' 42" and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the arc of said curve a distance of 295.41 feet; thence North 18' 22' 17" West, 407.12 feet; thence North 71 ° 36' 53" East,17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence North 71 ° 36' 53" East, 5.00 feet; thence North 18' 23' 07" West, 185.92 feet to the North line of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, run North 89' 48' 33" East along said North line of said Tract 43 a distance of 137.21 feet to the Point of Beginning. Said parcel contains 16.40 acres, more or less. CITY OF CLERMONT ORDINANCE No. 2012-14-M All that certain land situated in Lake County, Florida, viz: Tracts 44, 45, 46, and Tract 43 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS in Section 9, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2. Page 27, in Lake County, Florida; AND The South 1 /2 of the Southeast 1/4; and the East 1 /2 of the Southeast 1/4 of the Southwest 1/4, lying East of the Easterly right-of-way of U.S. Highway 27, all in Section 9, Township 23 South, Range 26 East, Lake County, Florida; AND Tract 2, 3 and 4; Tract 5 (lying East of the Easterly right-of-way line of U.S. Highway No. 27, of MONTE VISTA PARK FARMS, in Section 16, Township 23 South, Range 26 East, according to the plat recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. ALSO FURTHER DESCRIBED AS, VIZ: The Northeast 1/4 of the Southeast 1/4; the South 1 /2 of the Northwest 1/4 of the Southeast 1/4; the Southeast 1/4 of the Southeast 1/4; the Southwest 1/4 of the Southeast 1/4; the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4; and those parts of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4; the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, lying East of the right-of-way of State Road No. 25 (Federal Highway #19), Section 9, Township 23 South, Range 26 East. That fractional part of Tract 5 lying East of State Road 25, (formerly State Road 8-A, Federal Highway #19), Section 16, Township 23 South, Range 26 East, according to the plat of MONTE VISTA PARK FARMS, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. The North 1 /2 of the North 1 /2 of the Northeast 1/4, Section 16, Township 23 South, Range 26 East. LESS AND EXCEPT: that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2, 2006 in Official Records Book 3175, Page 963, in the Public Records of Lake County, Florida. LESS AND EXCEPT: Parcel 1 A portion of lands described in Official Records Book 3 78 8, Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Plat Book 2. Page 27, in Lake County, Florida; thence North 89' 48' 33" East along the North line of said Tract 44 2 CITY OF CLERMONT ORDINANCE No. 2012-14-M a distance of 225.79 feet; thence leaving said North line, run South 18' 22' 17" East, 892.00 feet; thence North 71 ° 37' 43" East, 50.00 feet; thence South 18' 22' 17" East, 830.00 feet; thence South 71' 37' 43" West, 130.00 feet; thence South 18° 22' 17" East,135.00 feet; thence South 74' 52' 55" West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a point on a non -tangent curve concave Westerly, having a radius of 11606.53 feet, a central angle of 00' 18' 37" and a chord of 62.86 feet that bears North 15' 16' 23" West; thence the following courses and distances along the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' 18" West, 14.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11591.56 feet, a central angle of 1 ° 29' 43" and a chord of 302.50 feet that bears North 16' 10' 33" West; thence along the arc of said curve a distance of 302.51 feet; thence South 73' 04' 35" West,11.97 feet to a point on a non - tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1 ° 27' 42" and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the arc of said curve a distance of 295.41 feet; thence North 18' 22' 17" West, 407.12 feet; thence North 71 ° 36' 53" East,17.00 feet; thence North 18' 22' 17" West, 699.88 feet; thence North 71 ° 36' 53" East, 5.00 feet; thence North 18° 23' 07" West, 185.92 feet to the North line of Tract 43 of the aforesaid plat; thence leaving said Easterly right of way line, run North 89' 48' 33" East along said North line of said Tract 43 a distance of 137.21 feet to the Point of Beginning. Said parcel 2 contains 66.06 acres, more or less. From: UE Urban Estate Low Density Residential District UT Urban Transition District To: C-2 General Commercial (16.40 aces) R-3-A Residential/Professional (66.06 acres) SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3: Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this Ordinance shall be effective as provided by law. CITY OF CLERMONT ORDINANCE No. 2012-14-M Exhibit "A" 2 CITY OF CLERMONT ORDINANCE No. 2012-14-M PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27th day of November, 2012. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: Tracy Ackroyd, City Clerk Approved as to form: Dan Mantzaris, City Attorney CITY OF CLERMONT PLANNING & ZONING COMMISSION November 6, 2012 CITY COUNCIL November 13, 2012 (introduction) November 24, 2012 Ordinance No. 2012-14-M REQUEST: Rezoning: From: UE Urban Estate Low Density Residential District UT Urban Transition District To: C-2 General Commercial (16.40 aces) R-3-A Residential/Professional (66.06 acres) OWNER: Hartwood Properties, LLC APPLICANT: Jim Hall, AICP. ASLA PARCEL SIZE: 16.40 acres +/- for C-2 66.06 acres +/- for R-3-A LOCATION: East of US 27 and south of Hartwood March Rd. FUTURE LAND USE: Lake County Regional Office (Request pending to change to City Commercial and High Density Residential) EXISTING LAND USE: Vacant SURROUNDING CONDITIONS: ZONING EXISTING LAND USE NORTH: C-2 General Commercial Commercial SOUTH: R-6 Urban Residential (County) Consery 2 EAST: R-6 Urban Residential (County) Vacant WEST: All County: Commercial; MHP; Vacant; C-1 Neighborhood Commercial and, SF residential A Agriculture CFD Community Facility District R-6 Urban Residential ROAD CLASSIFICATION: US 27 — Arterial UTILITY AREA: City of Clermont SITE UTILITIES: City of Clermont water & sewer SITE VISIT: 10-9-12 SIGNS POSTED: By applicant FUTURE LAND USE Commercial Public Service Facility (County) Regional Office Urban Low Density (County) 1— Hartwood Properties LLC, Rezoning ANA1 YSI-q- The applicant is requesting to rezone the 82.46 acres from UE Urban Estate Low Density Residential District & UT Urban Transition District (the City's default zonings upon annexation) to C-2 General Commercial on 16.40 acres & R-3-A Residential/Professional on 66.06 acres. This rezoning requesting is part of an annexation and comprehensive plan amendment request. The site will be developed in accordance with the Land Development Code. Access to the sites will be from US 27 and a Transportation Impact Analysis will have to be completed and approved in accordance with the City's LDC as part of the Site Plan Approval process. A traffic study must be completed in accordance with City code and reviewed by the MPO for compliance and any fair share requirements. The rezoning to C-2 General Commercial and R-3-A Residential/Professional District would be consistent with this request and the area. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request. \\Cityhall\shares\Planning and Zoning\Developments\Rezonings\Hartwood Properties rezoning 2012-14-M P&Z11-6,CC11-13&27- 12.doc 2 — Hartwood Properties LLC, Rezoning Hartwood Properties, LLC — Comprehensive Plan Amendment & Rezoning Comprehensive Plan: From: Regional Office To: Commercial (Parcel 1, 16.40 acres) High Density Residential (Parcel 2, 66.06 acres) Rezoning: From: R-6 County to UE Urban Estate & UT Urban Transition District, (upon annexation) To: C-2 General Commercial (Parcel 1, 16.40 acres) R-3-A Residential/Professional (Parcel 2, 66.06 acres) Aerial view with surrounding zoning: 3 — Hartwood Properties LLC, Rezoning r c DATE: Jun 29, 2012 CITY OF CLERMONT REZONING APPLICATION PROJECT NAME (if applicable): Hartwood Marsh APPLICANT: Jim Hall, AICP, ASLA CONTACT PERSON: Erika Hughes Address: 225 E. Robinson Street, Suite 300 City: Orlando State: FL Phone: 407-839-4006 Fax: 407-839-4008 E-Mail: jhall@vhb.com, ehughes@vhb.com OWNER: Hartwood Properties LLC Address: 7575 Dr Phillips Blvd, Suite 305 City: Orlando Phone: Address of Subject Property: State:_ Fax: Legal Description (include copy of survey): Acreage: please see attached 246 t' 6 Present Zoning: R-6 (Lake County) (City verification required) FL Zip: FEE: $350.00 32801 Zip: 32819 Land Use: Regional Office (Lake County) (City verification required) Proposed Zoning. C-2 (PA(L(-L 1) czeld 9-3-A (PARCEL- 2) — See- G,"I"`I"aa,e c,t arld FeGS"- Pi 1 0 h ******NOTICE`***** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ARE MADE. CITY OF CLERMONT REZONING APPLICATION Page 2 Answers to the following questions are required to complete this application. What are you proposing to do that would require a rezoning? The property is being annexed into the City. This area of the City is designated to have a Commerce land use, and therefore needs a CD, Commerce District zoning to be consistent with the City's proposed future land use. Jim Hall, AICP, ASLA Applicant Name (print) Hartwood Properties, LLC by C. David Brown, II, its Manager Owner Name (print) Owner Name (ggnatiwe� ******NOTICE****** IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ARE MADE. City of Clermont Planning & Zoning Department 685 W. Montrose St. P.O. Box 120219 Clermont, FL. 34712-021 9 (352) 394-4083 Fax: (352) 394-3542 LEGAL DESCRIPTION PARCEL I A portion of lands described in Official Records Book 3788, Page 45. of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East, Lake County, Florida, being more particularly described as fdlowx I I I Begin at the Northwest comer of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway #27). of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Vanasse Hangen Brustlin, Inc. I I I I Plat Book 2. Page 27, in Lake County, Florida; thence North 89' 4W 33• East along the \ lit l North line of said Tract 44 a distance of 363.00 feet: thence leaving said North line, run Transportation South 18' 22. 17• East, 892.00 feel: thence North 71' 37' 43• East, 50.00 feet; thence Land Development South 18' 22' 17• East, 830.00 feet; thence South 71' 37' 43" West, 130.00 feet; thence E°ru°am°atal ServicesSouth 1W 22' 17• East, 135.00 feet; thence South 74' 52' 55• West, 279.05 feet to the Lsadmark Center Two ,.a z K n �.. z K :. I I ..:.a :, I u...:... _,re I •a :.a :, I •� z'a n I Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation 225 &Robinson St, Suite 300 \ \ I I I I II Fed. Project ID: Section 11200. being a point on a non -tangent curve concave Westerly, Orlando, FL 32801 \ \ l l I having a radius of 11606.53 feet, a central angle of OT IV 37• and a chord of 62.86 4078394006• PAX 407 839 4008 l feet that bears North 15' 16' 23• West; thence the following courses and distances along licensed Survey Business LB7153 the arc of said curve and Easterly right of way line a distance of 62.86 feel; thence Legend & Abbreviations South 74' 34' 18' West, 14.97 feet to a point on a non -tangent curve concave Westerly, \ N 89'48'33" E 1qX�'` I I I I hoeing a radius of North 16* 6 feet, a central angle of 1' 29' arc and a chord of Stance ® DRAIN MANHOLE BASN� STREET SIFIRE GN N 18'23'07" W 363.00 I I I+ feet that bears North 16' 10' 33• West; thence along the arc of said area a distance of ® SEWER MANHOLE K1 LIGHT POLE I 302.51 feet thence South 73' 04' 35• West 11.97 feet to a point on a non -tangent ® ELECTRIC MANHOLE 165.92' I 4? GUY POLE curve concave Westerly, having o radius of 11579.59 feet, a central angle of I' 27' 42• ® TELEPHONE MANHOLE and a chord of 295.40 feet that bears North 1T 39' 160 West thence along the orc of Q MANHOLE WY WIRE N 71'36'S3" E �flj��-[asf✓ar said curve a distance of 295.41 feet; thence North 19' 22' 17' West, 407.12 feet; thence u� MAIL BOX ®ELECTRICAL BOX 5.00 \ ,>e III I I lI North 71' 36' 53' East, 17.00 feet thence North 18' 22' 17• West, 699.88 feet; thence °WVci..V UTILITY POLE N GAS VALVE • >'a"inK' °.,"°" SS92�'17" E I I I North 71' 36' 53• East, 5.00 feet; thence North 18' 23' 07• West, 185.92 feet to the pa WATER VALVE 1°,t WATER METER } Point of Beginning. 4 END Said parcel contoins 16.40 acres, more or lest IbROR IRRIGATION VALVE 9 CABLEEPEDESTALCDON B TELEPHONE PEDESTAL 44, •�= e n L P.R.M. PERMANENT REFERENCE MONUMENT P POINT ON CURVE i1y I I I I LEGAL DESCRIPTION PARCEL 2 P.C.C= POINT OF CURVATURE w• P.R.C. = POINT OF REVERSE CURVATURE All that certain land situated in Lake County, Florida, viz: P.C.C. = POINT OF COMPOUND CURVATURE - - I - P.T. =POINT OF TANGENCY I- J Tracts 33, 34, 44, 45. 46, 47, 48, and Tract 43 (lying East of the Easterly P.= POINT OF INTERSECTIN N 18'22'1T W - - - - - r - - - - - - - - - - - - - - PI. .C.P. = PERMANENT CONTROL POINT 699.88' I N 71'37'43' E right-of-woy of U.S. Highway /27), of MONTE VISTA PARK FARMS in Section 9, ROL, = POINT ON LINE 00. Township 23 South, Range 26 East, according to the plot recorded in Plat L.B. = LICENSE BUSINESS N 71'36'53" E Book 2. Page 27, in Lake County, Florida; CP_B. CONCRETE MONUMENT 1700 emu. s- AND O.R. = PAGE RECORDS BOOK \ Yt U.E. - UTILITY EASEMENT The South Y2 of the Southeast Y4; and the East Yt of the Southeast Ys of the D.E. - DRAINAGE EASEMENT Southwest Y4, lying East of the Easterly right-of-way of U.S. Highway 27, all in RCW = RECLAIMED WATER LINE Section 9, Township 23 South, Range 26 East, Lake County, Florida; CATv = CABLE TELEVISION N 18'22'17' W-T PARCEL ) ,w, .,,.,,m I R/W = RIGHT-OF-WAY R = RADIUS aml2 PARCEL 2 I AND L = ARC LENGTH R=11579.59TrOcl 1, 2, 3 and 4; Tract 5 I East of the Easterly ri ht-of-way line Of A = CENTRAL ANGLE L=295.41'� (Ym9 Y 9 Y C8 = CHORD BEARING A=1'27'42- I S 18'22'17' E U.S. Highway No. 27, of MONTE VISTA PARK FARMS, in Section 16, Township 23 CH = CHORD DISTANCE CHB-N 17'39'16' IN app\ 830.DO' South, Range 26 East, according to the plat recorded in Plot Book 2, Page 27. -NW- = OVERHEAD WIRES CND-295.40' - Public Records of Lake County. Florida. -E-- BURIED POWER LINE -C- = BURIED CABLE TELEVISION LINE S 73*04'35" W ALSO FURTHER DESCRIBED AS, VIZ: --W-= BURIED WATER UNE \ 11.97� - -1- = BURIED TELEPHONE UNE The Northeast Y of the Southeast A, the South Y2 of the Northwest Y4 of the -G- = BURIED GAS UNE s Southeast Y4; the Southeast Y of the Southeast A,; the Southwest Y• of the I (_Y_Y1 -- TREE LINE Southeast Y4; the Southeast Y4 of the Northeast Y of the Southwest Y4; and 0 = NAIL & DISK R=11591.56" I those parts of the Northeast Y4 of the Southeast )4' of the Southwest Y4; the • = SET 5/8' IRON ROD WITH CAP LEIL=302.51' I Southeast Y, of the Southeast Y of the Southwest Y and the Southwest Y4 of 'SE 74'.153' UNLESS NOTED A=1'29'43' S 71'37'43' W ��"i• the Northeast Y of the Southwest Y4, lying East of the right-of-way of State • = SET 4'z 4" C.M. PRN-LB 7153 CHB=N 16'10'33' W \ 130.00' N 9 9h Y o FOUND 4'x 4' C.M. ND=302.50' I Road No. 25 (Federal Highway #19), Section 9, Township 23 South, Range 26 East. S 18'22'17' E S 74'34'18- W� 14.97' LOT / R=11606.55 L=62.86' A=O'18'37" CHB=N 15'16 23- W CHD=62.86' 200 0 200 400 SCALE IN FEET 1 III II II 1 1 II I _ 1- 1 I 1 I 1 1 1 I� I 1 I 135.00' v II I I I That fractional part of Tract 5 lying East of State Road 25. (formerly State Road 8-A, Federal Highway 119). Section 16. Township 23 South, Range 26 East, according to the plat of MONTE VISTA PARK FARMS, recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida. The North 14 of the North Yj of the Northeast Y, Section 16, Township 23 South, Range 26 East. LESS AND EXCEPT: that portion conveyed pursuant to that certain Special Warranty Deed recorded June 2 ,2006 in Official Records Book 3175, Page 963, in the Public Records of Lake County, Florida. LESS AND EXCEPT: A portion of lands described in Official Records Book 3788, Page 45, of the Public Records of Lake County, Florida. Lying in Section 9, Township 23 South, Range 26 East Lake County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract 44 (lying East of the Easterly right-of-way of U.S. Highway #27), of MONTE VISTA PARK FARMS, according to the plat thereof as recorded in Plot Book 2. Page 27, in Lake County, Florida; thence North 89' 48' 33• East along the North line of said Tract 44 a distance of 363.00 feet thence leaving said North line, run South 18' 22' 17' East, 892.00 feet; thence North 71' 37' 43• East 50.00 feet; thence South 18' 22' 17• East, 830.00 feet; thence South 71' 37' 43• West. 130.00 feet; thence South 18' 22' 17• East, 135.00 feet; thence South 74' 52' 55• West, 279.05 feet to the Easterly right of way line of U.S. Highway 27 per Florida Department of Transportation Fed. Project ID: Section 11200, being a point on a non -tangent curve: concave Westerly, having a radius of 11606.53 feet, a central angle of 00' IV 37" and a chord of 62.86 feet that bears North 15' 16' 23• West; thence the following courses and distances along the arc of said curve and Easterly right of way line a distance of 62.86 feet; thence South 74' 34' le West, 14.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11591.56 feet, a central angle of 1' 29' 430 and a chord of 302.50 feet that bears North 16' 10' 33• West; thence along the arc of said curve a distance of 302.51 feet; thence South 73' 04' 35• West, 11.97 feet to a point on a non -tangent curve concave Westerly, having a radius of 11579.59 feet, a central angle of 1' 27' 42• and a chord of 295.40 feet that bears North 17' 39' 16" West; thence along the arc of sold curve a distance of 295.41 feet; thence North 18' 22' 17• West, 407.12 feet; thence North 71' 36' 53' East, 17.00 feet; thence North 18' 22' 17" West, 699.88 feel; thence North 71' 36' S3• East, 5.00 feet; thence North IV 23' 07' West, 185.92 feet to the Point of Beginning. Said parcel 2 contains 66.06 aces, more or less Hartwood Marsh LAKE COUNTY, FLORMA HARTWOOD PROPERTIES, INC. o...ina nu. SKETCH & DESCRIPTION SV1 Pro}cl xunN- 61191.01 P:t61191.Olkadksdplaaset\61191.01-legoLdws MEMORANDUM City of Clermont To: Darren Gray, City Manager From: James Hitt, Planning & Zoning Director Date: Planning & Zoning Commission — November 6, 2012 City Council — November 13, 2012 (Introduction) November 27, 2012 (Adoption) Subject: Land Development Code — proposed amendments Ordinance No. 2012-02-C c ************************************************************ Attached are four (total Section numbers) amendments recommended for inclusion into the Clermont Code of Ordinances. Amendment Summary of the following Sections: Sec. 102-7. Exempt signs. Size of residential real estate sign, to be consistent with Sec. 102-15(e)(1) There are two sections of the code relating to residential real estate sign size that were inconsistent. This amendment corrects that. Sec. 102-8. Prohibited signs; exceptions Provide subsection for grand opening signage (currently not permitted) This amendment allows for grand opening signage which was previously not allowed in the Code. This is a business friendly amendment to the LDC. Sec. 102-23. Changeable copy signs. Allow for electronic number changeable copy signage. This amendment was directed by Council to be included in the LDC and adds electronic signage reflect those variances that were previously granted for gas station signage. Also included is time and date language. This is a business friendly amendment to the LDC. Sec. 118-38. Vehicular use area interior landscaping. Provide for minimum and maximum wheel stop heights. This amendment reflects variance language that was previously granted for a site and would effectively allow site to increase the permeable (green) space on a site, which is good for the site and the environment. This is a business friendly amendment to the LDC. \\Cityhall\shares\Planning and Zoning\LDC\Amendm ents-draft\11-2012 amendments\MEMO-JH 11-6-12 LDC amend summary.doc CITY OF CLERMONT ORDINANCE No. 2012-02-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 102 SIGNS, SECTION 102-7 EXEMPT SIGNS, SECTION 102-8 PROHIBITED SIGNS, EXCEPTIONS, SECTION 102-23 CHANGEABLE COPY SIGNS; CHAPTER 118 VEGETATION, ARTICLE II LANDSCAPING, SECTION 118-38 VEHICULAR USE AREA INTERIOR LANDSCAPING; PROVIDING FOR CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on July 3, 2012 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to Amend Chapter 102 Signs, Section 102-7 Exempt signs, Section 102-8 Prohibited signs, exceptions, Section 102-23 Changeable copy signs; Chapter 118 Vegetation, Article II Landscaping, Section 118-38 Vehicular use area interior landscaping; of the City of Clermont's Code of Ordinances; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida as follows (note strikethrough indicates removed words and underlined indicates added): SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The City of Clermont Code of Ordinances is hereby amended to read as follows: Chapter 102 Signs. Sec. 102-7. Exempt signs. The following signs are exempt from the permit requirements of this chapter, provided they are not placed or constructed so as to create a hazard of any kind. The following signs must still meet applicable construction and electrical standards required by city, state or other appropriate agency codes: CITY OF CLERMONT ORDINANCE No. 2012-02-C (1) One sign per street frontage, not exceeding 4* four square feet in total area for residential zones and not exceeding 32 square feet in total area for commercial and industrial zones, offering the specific property for sale or lease by the owner or his agent, provided the sign is located on the property offered. Sec. 102-8. Prohibited signs; exceptions. (11) Banner signs, except for the following: a. Those of a temporary nature which are incidental to a convention or a noncommercial venture and are approved by the administrative official. b. Residential subdivisions and apartment complexes may display two flag banners at the entrance to the subdivision or complex and one flag banner at each model home or apartment building limited to 16 square feet and to be displayed only during the time the model homes or apartments are open for inspection. c. Permanent, non -illuminated signs on fabric canopies in place of marquee signs. Banner signs may not be placed across any street or thoroughfare. d. One (1) grand opening signage proposal is allowed according to the following restrictions: 1. One (1) sign or banner per new business within the first 30 days of openingwith ith application and City approval. 2. Multi -tenant developments must submit a grandpening_ package and application for City approval. 3. One (1) si= or banner per project outparcel. 4. One (1) eight (8) day period. 5. One (1) twenty-four (24) square foot maximum sign or banner area (sign face). Two-sided signs shall have a maximum twelve (12) square -foot per sign face. 6. Sign or banner are temporarily permitted and are to be installed by the owner or agent of the property or business. 7. Sign or banner must adhere to all other applicable regulations with this Chapter. 8. Banners may be attached temporarily to the building_ provided they do not interfere with pedestrian access. 2 CITY OF CLERMONT ORDINANCE No. 2012-02-C 9. Signs or banners cannot be connected in any fashion to landscaping, walls, fences, light poles or flagpoles. 10. Grand opening signage under this section shall only be allowed for a verified new business as established through a new Business Tax Receipt, change of business, or change in ownership as established through the Florida Department of State Division of Corporations. 11. Grand opening_ proposal must be reviewed, approved and permitted by the Planning & Zoning Department under a promotional activitX permit prior to any sign or banner being installed. Sec. 102-23. Changeable copy signs. Changeable copy signs shall be regulated under the following guidelines. This section shall not include electronic message boards and the like, which are prohibited under this chapter. Such signs shall be permitted in the following manner: (1) A changeable copy sign shall not comprise not more than 25 percent of the permitted sign area, except as described in this section. (2) Motor Vehicle service stations and convenience stores with gasoline pumps may utilize up to 50 percent of permitted sign area for changeable prices of gasoline only. (3) Movie theaters and other performance or entertainment facilities may utilize up to 80 percent of permitted sign area for display of names of films, plays or other performances currently showing. Such changeable copy areas shall be included as part of the permitted sign area. (4) Changeable copy signs shall be prohibited for office, industrial and residential uses except for changes in tenant listing. (5) Use of changeable copy signs as part of permitted wall sign area is prohibited, except as described in subsection (3) of this section. (6) Electronic number changeable copy gnage: a. Freestanding monument signs are permitted electronic number changeable copy for a price section, temperature or time only. Such electronic copy area shall be for static display only. Flashing, animated coursing and the appearance of any movement other than an instantaneous change from one price, temperature or time to another are explicitly prohibited. 3 CITY OF CLERMONT ORDINANCE No. 2012-02-C b. Electronic number changeable copy (LED or similar) signsge displays shall not have the capability to have dynamic displays even if not used. Only one (1) continuous LED (or similar) display area for numbers only is allowed on a sign face, and may include the time or temperature. Multiple copy _si signs to each other are permissible in a sign c. Time duration. The changeable copy numbers for price, time or temperature may change no more than once every ten (10) seconds. d. Only the numbers themselves may be lit with the remaining ackground non -lit or black. No neon or similar lighting shall be permitted in conjunction with a sign using electronic number changeable copy signage. e. Brightness or glare shall be controlled to avoid distractions to vehicular traffic, pedestrian, and adjoining properties. Adjustments shall be made upon written request from the City. f. All electronic copy number signs shall be installed with an ambient light monitor. Dimmer control electronic number changeable copy signs must have an automatic dimmer control that automatically adjusts the signs brightness in direct correlation with ambient light conditions. h. Brightness. No electronic number changeable copy sign shall exceed a brightness level of 0.3 foot candles above ambient light conditions, as measured using a foot candle (Lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the feet x 100) 54 feet. Chapter 118 Vegetation Article II. Landscaping Sec. 118-38. Vehicular use area interior landscaping. (d) Protection of landscaped areas. (1) Curbing. Terminal islands, interior islands and other landscaped areas adjacent to driveways or susceptible to vehicular turning movements shall be separated from vehicular use by non -mountable reinforced concrete curbing of a type approved by the city. Curbed landscaped areas shall be backfilled to a height of four inches below the back of the curb, except where such backfill would impact an existing tree. Unreinforced extruded curbing shall be prohibited. The width of the curbing shall be excluded from the calculation of the minimum dimensions of all required landscaped areas. 4 CITY OF CLERMONT ORDINANCE No. 2012-02-C (2) Wheel stops. All landscaped areas adjacent to off-street parking areas shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a miniffmm maximum height of six inches and a minimum of three inches above finished grade of the parking area and the front side (wheel side) of the wheel stop is installed two feet from the front end of the parking space to prevent encroachment into required landscaped areas. Wheel stops shall be properly anchored and maintained in good condition. SECTION 3• Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4: The provisions of this ordinance shall be effective as provided by law. CITY OF CLERMONT ORDINANCE No. 2012-02-C PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27t' day of November, 2012. CITY OF CLERMONT Harold S. Turville, Jr., Mayor ATTEST: Tracy Ackroyd, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney