06-04-2013 P & Z - Supporting DocumentsCITY OF CLERMONT
PLANNING AND ZONING COMMISSION AGENDA
7:00 P.M., Tuesday, June 4, 2013
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 April 2, 2013.
REPORTS
Planning & Zoning Director, Chairman, Commission Members
NEW BUSINESS
Item 1 — New Beginnings Support Center
Conditional.Use kermit
Item 2 — The Vineyards at Hammock Ridge
Conditional Us Pe t
V%
Item 3 — Pooiside Grill
Conditi nal Use Permit 1 t,
Item 4 — The Crossing Church
LS Comp Plan Amendment
Request for an amendment for a Conditional Use
Permit (Res. No. 2012-12) to allow for an expansion
of the existing New Beginnings Support Center
located at 792 E. Montrose Street.
Request for a Planned Unit Development to allow a
300 unit apartment complex located at the northwest
comer of Highway 27 and Hammock Ridge Road.
Request for a Conditional Use Permit to allow a
restaurant in the C-1 Light Commercial zoning
district located at 101 E. Highway 50.
Request for a Large -Scale Comp Plan amendment
to change the future land use from Rural Transition to
Public Facility/Institutional located at the southeast
comer of Old Highway 50 and Blackstill Lake Road.
Discussion of Non -Agenda Items
ADJOURN
Any person wishing to appeal any decision made by the Planning and Zoning Commission at this meeting will Y
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.
46
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 1
The meeting of the Planning & Zoning Commission was called to order Tuesday April 2, 2013 at
7:07 p.m. by Chairman Nick Jones. Other members present were Carlos Solis, Bernadette
Dubuss, Gail Ash, Harry Mason, Judy Proli, and Raymond Loyko. Also in attendance were
Scott Blankenship, Assistant City Manager, Barbara Hollerand, Planning and Zoning Director,
Curt Henschel, Senior Planner, Bill Harrison, Fire Marshal, Dan Mantzaris, City Attorney, and
Rae Chidlow, Administrative Assistant.
MINUTES of the Planning and Zoning Commission meeting held March 5, 2013 were
approved.
REPORTS
Chairman Nick Jones stated that the last symphony concert will be held on April 26, 2013.
1. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME:
Iglesia Pentecostal
OWNER/APPLICANT:
Jorge A. Rosario
REQUESTED ACTION:
A Conditional Use Permit request to allow a church facility in the
C-2 General Commercial Zoning District
SIZE OF PARCEL: 2 +/-
acre
GENERAL LOCATION:
347 N. US Highway 27
EXISTING ZONING:
R-3-A, Residential/ Professional Zoning
EXISTING LAND USE:
Vacant
FUTURE LAND USE:
Residential/ Professional
City planner Curt Henschel presented the following staff report:
The applicant is requesting a conditional use permit to operate a house of worship in the C-2
zoning district.
The applicant proposes to occupy approximately 1,250 square feet of vacant building space
located across Highway 27 from the Citrus Tower Village Publix (347 North Highway 27).
The church intends to have 20 seats for Sunday service, and will hold a Tuesday and Thursday
evening bible study from 7:30 to 9:30 pm.
With the existing businesses operating at normal business hours, and the church operating at
typical non -business hours, staff believes there will not be any parking issues on or off site.
Brenda Medero, 11820 Windflower Ct., stated that she represents the church. She stated that they
want to worship on Tuesdays and Thursdays from 7:30 to 9:30 pm and Sundays from 3:00 to
5:00 pm.
Commissioner Solis asked if there are a maximum number of people who will attend.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 2
Mr. Henschel stated that the Fire Marshal determines the capacity of a building.
Leonard Rubman, 3273 Saloman Lane, asked existing businesses in the plaza and do they have
Sunday operations.
City Attorney Dan Mantzaris stated that the conditional use permit includes language that will
address if there are any conflicts with the parking for them and other businesses.
Commissioner Gail Ash moved to recommend approval of the Conditional Use Permit; seconded
by Commissioner Carlos Solis. The vote was unanimous to recommend approval for the
Conditional Use Permit to City Council.
2. REQUEST FOR CONDITIONAL USE PERMIT
DEVELOPMENT NAME: Heritage Hills
APPLICANT: Rob Bonin / Heritage Hills
REQUESTED ACTION: A Conditional Use Permit amendment to allow an adjustment to
the time requirement for the permanent road connection to Hartwood Marsh Rd.
SIZE OF PARCEL: 442 +/- acre
GENERAL LOCATION: East of Somerset Sub., East of Hancock Rd., and North of
EXISTING ZONING:
EXISTING LAND USE:
FUTURE LAND USE:
Hartwood Marsh Rd.
Planned Unit Development
Residential
Master Plan Unit
City planner Curt Henschel presented the following staff report:
The applicant is requesting to amend the existing conditional use permit (Resolution #1624) to
extend the time requirement for opening the internal right-of-way connection to Hartwood Marsh
Rd.
The existing resolution requires a permanent right-of-way connection to Hartwood Marsh Rd.
before the 301 st certificate of occupancy is issued. The developer has found themselves gaining
speed on certificates of occupancy faster than being able to start construction on the internal
right-of-way connection. The developer is ready to construct the road but is already at 298
certificates of occupancy.
Because there are no certificates of occupancy left to issue before the milestone is reached, the
developer is requesting to change the language in the resolution from specifying 300 certificates
of occupancy to a stated entrance completion date of August 31, 2013.
Commissioner Mason asked how the temporary road was approved.
Mr. Henschel stated that it was approved by the developer and Clermont's Fire Department.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 3
Commissioner Mason stated that it is not gated, so it is no longer a gated community.
Mr. Henschel stated that the road is not meant for the public.
Commissioner Mason stated that anyone can drive into the community.
Mr. Henschel stated that issue can be addressed in the conditions of the Conditional Use Permit.
Chairman Jones asked if these would be private streets.
Mr. Henschel stated that Heritage Hills is a gated community, so the streets are private.
Rob Bonin, Lermar Homes, LLC, stated that Lennar has installed a 20-foot wide, 32-ton bearing
stabilized road as required by the fire department as an emergency access. He stated that there
was a chain link fence that had to be removed in order to put the temporary road in place. He
stated the gate will be replaced in the next couple days.
Commissioner Mason asked if the gate will be available for emergency access only or will
residents be allowed to access this road.
Mr. Bonin stated that the temporary road is for emergency access only. He stated they have
started installing the pipes for the remaining of the unfinished road. He stated that he appreciates
the consideration of the Commission for the extension of time to complete this portion of the
road.
Commissioner Mason stated that there seems to be some confusion as to which entrance is the
main gate and which one is the secondary gate.
Mr. Bonin stated that the intention was for the Hartwood Marsh entrance to be the main entrance.
He stated that some of the residents have brought up their concerns about this issue and they will
take their time to make a decision. He stated that part of the issue was the residents' confusion as
to where the location of the Hartwood Marsh entrance was. He stated that there will be turn lanes
from both directions for the Hartwood Marsh entrance.
Chairman Jones asked if the temporary road will be removed once the permanent road is
completed.
Mr. Bonin stated that the temporary road will be removed.
Commissioner Mason stated that there is still the issue that, according to the City, the Hartwood
Marsh entrance is currently considered the secondary gate. He stated that they would have to
amend their conditional use permit to change the language to state that this will be the primary
gate.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 4
Mr. Bonin stated that if the decision is made to make the Hartwood Marsh entrance the primary
gate then they would amend the conditional use permit.
Commissioner Dubuss asked that if the time extension is approved, what the timeline for traffic
disruption would be. She asked if the road construction would be completed prior to the new
school year.
Mr. Bonin stated that they are going to try to complete the road during the slower period. He
stated that they have already ordered the pipe that is needed to start the project.
Commissioner Mason asked if they would be willing to back the extension date up to June 30.
Mr. Bonin stated that they are already on a tight schedule to complete the road by the August 31
deadline. He stated that it will take them close to five months to complete the road.
Commissioner Mason asked if that extension time includes the completion of the portion of the
road inside the subdivision.
Mr. Bonin stated that they are currently working on moving the dirt for that portion of the road,
but they do not have City approvals to begin infrastructure.
Commissioner Mason asked if some of the equipment can be diverted to complete the road
sooner.
Mr. Bonin stated that he can only have two pipe crews on the road at one time. He stated that he
has chosen the crews who have worked on the road already.
Commissioner Mason asked if there was a bond on this road.
City Attorney Dan Mantzaris stated that no bond is required because it is a private road.
Commissioner Loyko asked when the first discussion about Heritage Hills was.
Mr. Bonin stated that there was discussion in October 2012 on the timing of completing this
road. He stated that the pace went quite a bit faster than they had projected for completing
homes.
Commissioner Mason stated that Lennar has known for five years that they would have to have
the road completed prior to reaching 301 occupancies in the subdivision.
Mr. Bonin agreed that Lennar did know this.
Leonard Rubman, 3273 Saloman Lane, stated that he is in agreement that the residents were
confused on the location of the second entrance. He stated that he is also in agreement with the
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 5
extension of time. He asked who would be responsible for opening and closing the construction
gate for the temporary road.
Steve Myer, 3604 Serena Lane, asked if there will signage and street lights at the entrance at
Hartwood Marsh Road. He stated that in Section 6 paragraph 12 that there will be lighting.
Chairman Jones stated that the only issue before the Commission is the extension of time for the
completion of the road.
Otis Taylor, 3686 Caladesi Rd., asked if the extension is not granted, when the road will be
completed.
Chairman Jones stated that the developer will start the road from Hartwood Marsh Rd. and work
from there back into the community, and they are asking for four -month extension.
Dennis Veccia, 3624 Serena Lane, stated that he does not have a problem with the extension;
however he feels if the road is not complete then Lennar should be penalized for each day the
road is not completed by August 31, 2013.
City Attorney Dan Mantzaris stated that the Commission would not have the authority to
penalize the developer. He stated that he thinks the intent is if the road is not completed by
August 31, 2013, then the developer would not be allowed to receive any more certificates of
occupancy.
Commissioner Mason asked if the Commission has the authority to request that no more
certificates of occupancy can be received over the amount of 345.
Mr. Mantzaris stated that is not part of the request. He stated the request is to allow the extension
to the August 31, 2013 date.
Commissioner Ash stated that she would like the applicant to state on the record that they agree
that is the intent of the condition.
Mr. Bonin stated that it is Lennar's intent to have the road completed by August 31, 2013 and if
not, they will not receive any more certificates of occupancy.
Robert Bordeleau, 3643 Caladesi Rd., is opposed to the extension because the agreement was
that the road would be complete prior to the 301 st certificate of occupancy. He's worried they
will request another extension in August. He stated he has been waiting for this road to open for
2 th years.
Commissioner Proli asked what held up the construction of the road.
Mr. Bonin stated that the market conditions caught everyone by surprise in the last five months.
He stated that they projected to not reach the limit until October 2013.
City of Clermont
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2013
Page 6
Commissioner Bernadette Dubuss moved to recommend approval of the Conditional Use Permit
to allow the extension of the completion date of the permanent road connection to Hartwood
Marsh Rd. with the caveat that should the road not be completed by August 31, 2013 that no
further certificates of occupancy be issued until the road is complete; seconded by Commissioner
Gail Ash.
Commissioner Mason stated that he does not agree with the 5-month extension.
Commissioner Ash stated that she would rather allow the extension rather than have them rush to
complete the road and it not be done properly and attractively.
Commissioner Mason asked if it was a code requirement for the second entrance to be available
once there were 25 homes completed.
Fire Marshal Bill Harrison stated that yes that was required.
Commissioner Mason asked if the temporary stabilized road will permit the residents, in case of
an emergency, to exit to Hartwood Marsh Road.
Mr. Harrison stated that the temporary road would be accessible for emergencies from the
outside and inside of the community.
Commissioner Solis stated that he's glad to hear that the certificates of occupancy are coming
too quick and he hopes it continues.
The vote was 6-1 to recommend approval for the Conditional Use Permit to City Council.
There being no further business, the meeting was adjourned at 7:18 pm.
Nick Jones, Chairman
ATTEST:
Rae Chidlow — Administrative Assistant
i
F aR
LA CITY OF CLERMONT
AGENDA ITEM
Paae 1 of 5
Planning & Zoning Commission
June 4, 2013
I
City Council
June 25, 2013
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Resolution No. 2013-13
New Beginnings Support Center — Conditional Use Permit
Staff believes this development is consistent with the uses in the area and recommends approval of the
Conditional Use Permit request for expansion of the existing New Beginnings Support Center.
Summary Explanation/Background
The New Beginning Support Center located at 792 East Montrose St. is requesting a CUP amendment to their
existing CUP resolution 2012-12. The request is to expand the property to include the vacant parcel adjacent to
the east of their site.
The parcel will allow room for the center to add a playground area for the kids of the participants within the
program. A fence and landscaping will be located around the perimeter of the parcel to make a safe area for the
kids to play.
All conditions in Resolution No. 2012-12 will remain the same.
Exhibits Attached (copies of original agreements)
Exhibit 1 — Site information & Aerial map of site
Conditions of Resolution No. 2012-12 (Conditional Use Permit)
DEVELOPMENT NAME:
OWNER/APPLICANT:
REQUESTED ACTION:
SIZE OF PARCEL:
GENERAL LOCATION:
EXISTING ZONING:
EXISTING LAND USE:
FUTURE LAND USE:
SURROUNDING CONDITIONS:
Exhibit 1
New Beginning Support Center
Amy Odem Estate
A CUP Request to allow the expansion of the New Beginning Support Center.
.43 +/- acre
792 East Montrose St. (west of Ambassador Cleaners & U.S. 27)
R-3, Residential/Professional
Vacant
Low Density Residential
ZONING
EXISTING LAND USE
NORTH: R-3 Residential/Professional
Commercial
SOUTH: R-3 Residential/Professional
Residential
EAST: C-2 General Commercial
Vacant
WEST: R-3 Residential/Professional Residential
Road Classification: East Montrose — Local
Utility Area: City of Clermont Water / Sewer
Site Utilities: City of Clermont Water / Sewer
Site Visit: 4-10-13
Signs Posted: By applicant
FUTURE LAND USE DISTRICT
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Exhibit 2
CUP CONDITIONS:
Section 1 - General Conditions
The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns
and successors in title or interest.
2. No expansion of the use or additions to the facility shall be permitted except as approved by another
Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site plan prepared by
Highland Industries, Inc., dated 3/24/11. Formal Site Plan and construction plans incorporating all
conditions stated in this permit shall be submitted for review and approved by the Site Review Committee
prior to the issuance of a Zoning Clearance or other development permits. The conceptual site plans
submitted with the CUP application are not the approved construction plans.
4. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move,
convert, or demolish any building or structure, or alter the land in any manner within the boundary of the
project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary
permits in accordance with the City of Clermont Land Development Regulations and those of other
appropriate jurisdictional entities.
The structure shall be inspected by the Fire Marshall for life safety requirements, all requirements must be
met prior to any certificate of occupancy being issued.
The structure shall be inspected by the City Building Inspector and all building code violations must be
corrected prior to a certificate of occupancy being issued.
7. Required on -site parking spaces must be paved in accordance with City Code unless otherwise approved
by the City Council through the variance process. Handicap parking spaces must be paved with access.
The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met and
final building permits and landscaping have been completed.
If any of the stated conditions are violated, the applicant understands and agrees that the City Council
may revoke this Conditional Use Permit by resolution.
10. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its
date of grant by the City Council or the permit shall become null and void.
11. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by
the City Council, a short form version of this Conditional Use Permit as provided by the City or a form
acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the
developer/applicant and all future owners of the above -referenced property that the real property
described above is subject to the terms and conditions of the Conditional Use Permit.
12. This Conditional Use Permit shall become null and void if all necessary permits have not been issued
within six (6) months, and all improvements, renovations and items as outlined in the conceptual site plan
are not completed within one (1) year of the date this Conditional Use Permit is approved by the Clermont
City Council.
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CITY OF CLERMONT
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CONDITIONAL USE PERMIT (CUP)
OAPPLICATION
DATE: 13 FEE: t1
PROJECT NAME (if applicable):
APPLICANT:
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Legal Description (include copy of survey):
Land Use (City verification required): _-- (_.,L_.) oc'.1.1s.1_i _- �e 51
Zoning (City verification required): 7
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CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location? Attach additional page is necessary.
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Owner Name (print)
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*****NOTICE**"**
IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT BE SCHEDULED
UNTIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
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CITY OF CLERMONT
AGENDA ITEM
Page 1 of 6
Planning & Zoning Commission
June 4, 2013
City Council
June 25, 2013
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Resolution No. 2013-14
The Vineyards at Hammock Ridge — Conditional Use Permit for a
Planned Unit Development
Staff believes this development will provide a transition for the single family residences to the west, and
the proposed commercial to the east. Staff feels this use is consistent with theusesin the area and
recommends aUproval of the proposed PUD Request.�YV�
Summary Explanation/Background
�colt
The Vineyards At Hammock Ridge is a proposed Planned Unit Devel merit of 300 aphartment homes.
The property is part of the Tuscany Village commercial development approved d the Vne lot as the
Sam's Club was previously approved in 2009. p S
The apartments will consist seventeen 2 and 3 story buildings arranged so that a majority of the parking is not
adjacent to Hammock Ridge Rd.
The total land area for the apartment complex consists of 25 acres. 300 apartment units on 25 acres provides a
total density of 12 units per acre, 4.2 acres of which is located across the 4 lane Hammock Ridge Rd. This
smaller area is proposed to be a recreation area with a dog park.
There are additional considerations within the Planned Unit Development that would typically require a variance
request. Because this is a Planned Unit Development these considerations or variances are considered to be part
of the "zoning parameters" for the PUD rather than an actual variance request.
Specific considerations/variances within the PUD are as follows:
1) Requesting a 10 foot building setback along the north property line for the single story garage building.
Rather than a typical 12' building side setback.
2) Requesting 9'x 20' parking stalls rather than the typical 10' x 20' parking stall.
3) Requesting a 7' fence along the right-of-way of Hammock Ridge Rd. Rather than a maximum 4' fence
allowed by code.
Exhibits Attached (copies of original agreements)
7-
Exhibit 1 — Site information & Aerial map of site
Exhibit 2 — CUP Conditions.
�W
P j lA W
DEVELOPMENT NAME:
OWNER/APPLICANT:
REQUESTED ACTION:
SIZE OF PARCEL:
GENERAL LOCATION:
EXISTING ZONING:
EXISTING LAND USE:
FUTURE LAND USE:
SURROUNDING CONDITIONS:
Exhibit 1
The Vineyards at Hammock Ridge
US 27-Clermont
A PUD request for a multi family development with up to 12 units per acre.
25 +/- acres
Hammock Ridge Rd.
Commercial
Vacant
Commercial
ZONING
NORTH:
Lake County Institutional
SOUTH:
R-1 /PUD
EAST:
R-1 /PUD
WEST:
Lake County/Residential
EXISTING LAND USE
Church
Residential
Vacant
Residential
FUTURE LAND USE DISTRICT
Lake County Institutional
Master Planned Development
Commercial
Lake County /Residential
Road Classification: Hammock Ridge — Collector
Utility Area: Lake Utilities Water / City of Clermont Sewer
Site Visit: 4-10-13
Location Map:
Exhibit 2
CUP CONDITIONS:
Section 1 - General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs,
assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with the conceptual site plan dated April
23, 2013 prepared by Charlan Brock & Associates. Formal construction plans, incorporating all
conditions stated in this permit shall be submitted for review and approval by the Site Review
Committee prior to the issuance of a zoning clearance of other development permits. The
conceptual site plans submitted with the CUP application are not the approved construction plans.
2. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve,
move, convert, or demolish any building or structure, or alter the land in any manner within the
boundary of the project without first submitting necessary plans, obtaining necessary approvals,
and obtaining necessary permits in accordance with the City of Clermont Land Development
Regulations and those of other appropriate jurisdictional entities.
3. The Conditional Use Permit must be executed and processed throughoj'cce of the City Clerk
within 90 days of its date ofgrant by the City Council or the permit shall become null and void.
4. The Applicant shall record in the Public Records of Lake County within 90 days of its date of
approval by the City Council, a short -form version of this Conditional Use Permit as provided by
the City or a form acceptable to the City, to provide notice to all interested parties, the assigns,
successors and heirs of the developer/applicant and all future owners of the above -referenced
property that the real property described above is subject to the terms and conditions of the
Conditional Use Permit.
5. This permit shall become null and void if substantial construction work has not begun within two
(2) years of the date that this Conditional Use Permit is executed and signed by the permittee.
"Substantial construction work" means the commencement and continuous prosecution of
construction of required improvements ultimately finalized at completion.
6. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements
must be met prior to any Certificate of Occupancy being issued.
7. The structure shall be inspected by the City Building Inspector and all building code violations
must be corrected prior to a Certificate of Occupancy being issued.
8. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been
met.
9. If any of the stated conditions are violated, the applicant understands and agrees that the City
Council may revoke this Conditional Use Permit by resolution.
Section 2- Land Use
This PUD is for a multi -family residential development with up to 300 apartments on 25 acres, for
a density of 12 dwelling units/acre. The City's Site Review Committee must approve the site plan
prior to the construction plan approval.
2. The applicant/owner must coordinate with the Lake County School District for capacity review
and requirements pertaining to schools, and in conformance with City Code, prior to issuance of
any building permits.
Section 3 — Site Development
1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to
and approved by the Site Review Committee prior to construction plan approval and the initiation
of development activity. The dust abatement plan shall detail measures to be taken to eliminate the
migration of dust particles from the site.
2. All excavated material shall be stored in a location approved by the City Engineer.
Geo-technical information regarding the soil characteristics of the site shall be submitted to the
City as part of the final site review process.
4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer
application on all disturbed areas where construction is not immediately intended. Said plan shall
be provided in accordance with an approved ground cover plan acceptable to the City in
accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service.
5. All platting must be completed in accordance with City Codes.
Section 4 — Transportation Improvements
1. Sidewalks shall be required along Hammock Ridge Rd. and within the development, in accordance
with FDOT regulations and City Codes.
2. The City may require that transportation improvements, necessitated by the portion of the project
for which a building permit is sought, be made at the time of construction. Project specific on and
off -site transportation designs are the sole responsibility of the developer.
3. A traffic study in accordance with City Codes shall be required to address level of service (LOS)
for the area. The applicant/owner must coordinate with Lake County and the Lake —Sumter
Metropolitan Planning Organization (MPO) for compliance with the Transportation Management
System (TMS).
Section 5 — Utilities and Stormwater
1. The permittee shall be responsible for purchasing, installing, and maintaining fire Hydrants within
the project. They shall be installed according to City Code.
2. The project shall be plumbed for reuse water with purple piping, Until such time as reuse water is
available, irrigation water shall be provided for by well.
Section 6 — Landscaping
1. The Landscape design for all parking areas, buffers, rights -of -way, pedestrian ways and focal
points shall be unified and complementary to the ambiance of the center.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
Section 7 - Architectural Design Standards
All structures shall be designed and constructed in accordance with the Architectural Standards of
the City of Clermont.
2. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review
Committee.
Section 8 — Specific PUD Conditions
1. Building setbacks along the north property line shall be a minimum of 10 feet.
2. Parking stalls used within the apartment complex shall be a minimum of 9' x 20'.
3. A 7' tall ornamental metal fence may run along the landscape buffer adjacent to Hammock
Ridge Rd.
\\Cityhall\shares\Planning and Zoning\Developments\OUP's\Vineyards at Hammock Ridge CUP • AGENDA ITEM P&Z5-4. CC5-25-13.doc
0" C
DATE: April 29, 2013
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
FEE: $1,500.00
PROJECT NAME (if applicable): The Vineyards at Hammock Ridge (aka Tuscany Village)
APPLICANT: Planning Design Group
CONTACT PERSON: Kendell Keith
Address: 930 Woodcock Road, Suite 224
City: Orlando State: FL
Phone: (407) 896-0455 Fax: (407) 896-0425
E-Mail: kkeith@pdgfla.com
Zip: 32803
OWNER: US 27 - Clermont
Address: 800 Highland Avenue, Suite 200
City: Orlando State: FL Zip. 32803
Phone: (407) 297-1600 Fax: (407) 297-0480
Address of Subject Property: Hammock Ridge Road (address not yet assigned)
General Location: West of intersection between Hammock Ridge Road and US 27.
Legal Description (include copy of survey): See attached boundary sketch with legal description.
Land Use (City verification required): Commercial
Zoning (City verification required): PUD (R-1) (RES. 1532
CITY OF CLERMONT
CONDITIONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location? Attach additional page is necessary.
See attached project description.
Kendell Keith
Applicant Name (print)
Michelle Carlton
Owner Name (print)
X 44� ZAo---�s
Applic Name (signatur
X -
Owner me (signature )
******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
Project Description
The Vineyards at Hammock Ridge
Conditional Use Permit
Background
The subject property is located on the west side of the intersection of US 27 and Hammock
Ridge Road on the south side of the City of Clermont. The property is a portion of a 100-acre
PUD (Resolution 1532) that received Conditional Use Permit approval in 2005 for commercial/
retail development totaling up to 459,000 square feet (Resolution 1442). Hammock Ridge Road
crosses the property from the northeast corner to the southwest corner. The development,
known as Tuscany Village, also received Conditional Use and site plan approval for the specific
use of a 137,000 square foot retail building (Sam's Club) on the west side of Hammock Ridge
Road. This application is for a Conditional Use Permit for a 300 unit apartment home
development on 25 acres that was previously approved for the Sam's Club development and
other planned retail outparcels. The proposed apartment development is located on both sides
of Hammock Ridge Road at the southwest corner of the original PUD.
As shown on the accompanying site plan and elevations, the proposed apartment home
development includes three building types that are both two and three stories. The buildings
are arranged along the Hammock Ridge Road frontage to provide a landscaped street effect
with no parking located between the buildings and the street. The primary entrance is aligned
with the proposed road that will connect to US 27 through the adjacent planned retail
development. The project includes ample greenspace and recreation amenities, including a
community garden and dog park on the southeast side of Hammock Ridge Road.
The property is bordered by the Shepherd of the Hills Lutheran Church and a cell tower to the
north, the Spring Valley subdivision to the west, Nottingham at Legends subdivision to the
south and the undeveloped portion of the Tuscany Village retail development to the east.
Justification Statement
The proposed apartment home development transforms the original 100-acre PUD from a
single -use retail development to a mixed -use development. The proposed multi -family will
provide a good transitional use between the proposed retail development along US 27 and the
existing single family residential development to the west. In addition, the residents at the
proposed apartment homes will be within easy walking distance to the retail development that
will serve both existing and future residents. This type of mixed -use community is supported by
the City of Clermont Comprehensive Plan Policy 1.1.3 which states that the City shall encourage
infill through the use of higher density and intensity land use designations and mixed -use
designations in appropriate locations.
1 4/26/2013
The proposed apartment homes will have significantly reduced impacts on the surrounding
area compared to the previously approved big box retail. The reduced impacts are in the
following areas:
• 15-foot landscape buffer for Sam's Club versus 35-40-foot landscape buffer for
apartments;
• 40-foot building setback for Sam's Club versus 110-foot building setbacks for
apartments (excluding single story garages that are setback 35 feet along western
property line);
• Reduction in impervious surface and increase in green space/landscape areas;
• Reduced lighting;
• Reduced traffic impacts:
PM Peak
Daily Trips Hour Trips
Approved Retail 8,279 861
Proposed Apartment 2,535 231
Difference -5,744 -630
(See attached trip generation estimates)
Waivers
The proposed development is seeking approval of the following waivers in association with this
Conditional Use Permit:
1. Ten (10) foot building setback along the northern property line for the single story
garages in lieu of the required 25 foot building setback. The proposed garages along the
northern and western boundary serve as a buffer between the proposed and
surrounding uses.
2. Nine (9) foot by eighteen (18) foot parking spaces in lieu of the required ten (10) foot by
twenty (20) foot parking spaces. The requested parking dimensions are consistent with
market standards and previously approved developments.
3. Seven (7) foot fence along the Hammock Ridge road right-of-way for security purposes
in lieu of the maximum four (4) foot fence.
Summary
The proposed apartment home development provides a more compatible use with the existing
surrounding development and will provide to the City a higher value use than the proposed
Sam's club retail development. As a mixed -use development, the overall PUD development will
contribute to a more walkable, vibrant community.
2 4/26/2013
A�/L7
6iP0!/P "
PM PEAK HOUR TRIP GENERATION ESTIMATES
The Vineyards at Hammock Ridge
3117001
4/26/2013
Page 1 of 1
ITE
ITE
ITE Land -Use
Land -Use
Independent
Rate or
Size
Gross/Total
Cate o
(Code)
Variable
Equation (1)
Trips
Existing
857
SQUARE
Discount Club
4.24
137,000
581
ITE /R
FEET
Service Sta. w/ Conv
946
FUELING
Mkt Car Wash
�
ITE /R
POSITIONS
13.94
12
167
50% Bypass Reduction for Discount Club and Service Station
-84
565
SQUARE
Daycare
1246
11,000
137
ITE /R
FEET
820
SQUARE
Shopping Center
3.37
17,760
60
ITE /R
FEET
Proposed
220
DWELLING
Vineyards
0.62
300
186
ITE/R
UNITS
Outparcel Quality
931
SQUARE
Restaurant
ITE /R
FEET
7 49
6,000
45
=Chag,roposed - Existing)
-631
(1) The Trip Generation Rates were obtained from ITE Trip Generation Manual, 8th Edition.
DAILY TRIP GENERATION ESTIMATES
ITE
ITE
ITE Land -Use
Land -Use
Independent
Rate or
Size
GrosslTotal
Category
(Code)
Variable
Equation (1)
Tri s
Existing
Discount Club
857
SQUARE
41.8
137,000
5,727
ITE /R
FEET
Service Sta. w/ Conv
946
FUELING
Mkt @ Car Wash
ITE /R
POSITIONS
152.84
12
1,834
50% Bypass Reduction for Discount Club and Service Station
-917
Daycare
565
SQUARE
79,26
11,000
872
ITE /R
FEET
820
SQUARE
Shopping Center
42.94
17,760
763
ITE /R
FEET
Proposed
220
DWELLING
Vineyards
6.65
300
1,995
ITE /R
UNITS
Outparcel Quality
931
SQUARE
Restaurant
ITE /R
FEET
89.95
6,000
540
Net Change (Proposed - Existing)
-5,744
(1) I he I rip Generation Rates were obtained from ITE Trip Generation Manual, 8th Edition.
Trip Generation
PROJECT TOTALS
TOTALS
'
a
BUILDING 1- TYPE 1
0
16
11014
20
BUILDING 2- TYPE 3
0
21
0
0
2
BUILDING 3- TYPE 1
0
8
10
4
20
BUILDING 4 -TYPE 2
0
10
81
0
28
BUILDING 5 -TYPE 2
0
10
16
0
28
BUILDING 6- TYPE 1
0
6
10
4
20
BUILDING 7- TYPE 1
0
8
10
4
20
BUILDING 8 -TYPE 1
0
8
10
4
20
BUILDING 9 - TYPE 1 _
0
6
10
4
20
_
BUILDING t0--TYPEE 1
0
8
11014
20
BUILDING 11-TYPE2
0
1 10
118
0
28
BUILDING 12 - TYPE 1
BUILDING 13-TYPE 1
-0
0
8
8
10
10
4
4
20
20
BUILDING 14 -TYPE 2
0 1
10 1
18
0
28
BUILDING 15-TYPE3
0
2
0
0
2
BUILDING 16 -TYPE 3
0
2
0
0
2
BUILDING 17 -TYPE 3
0
2
0
0
2
TOTAL UNITS
011021162136
300
existing residentia(
r G 1
LJ�G
existing
church
y ®e COMMUNITY GARDEN -_-
DOG PARK
f.
0ou
Future Commercial -
c. RETAINING WAIL. —"
UNIT MIX
UNIT
TOTAL
TYPE Al - 1 BEDROOM
16
TYPE A2- 1 BEDROOM----
78
TYPE A3-1BEDROOM
—T a —
- - —
TYPE B1 - 2 BEDROOM
TYPE 62 - 2 BEDROOM
84
TYPE C1 - 3 BEDROOM
36
TOTAL UNITS
300
PARKINC3
COUNT
STANDARD 9_X1V SPACE
584 SPACES
HANDICAP
14 SPACES
TANDEM
28 SPACES
BOAT
5 SPACES
TOTAL SURFACE
1 531 SPACES
GARAGE - INTERNAL
24 SPACES
GARAGE - STAND ALONE
66 SPACES
GARAGE -CARRIAGE
18 SPACES
TOTAL GARAGE
106 SPACES
REQUIRED PARKING
567 SPACES
PROJECT TOTAL
637 SPACES
US 2-7 - Clermont, L L C
A Lee Chira & Associates Development
800 Highland Avenue
Orlando, Florida 32803
residential
— Future Commercial
�The Vineyards af Nammock Ridge - Concepfual sIfe plan
Germom, Florida
m
60' 0 w 120'
e+ s^ a
Arl 23, 2013
c b a
charlan Brock & associates
architects & Planners
PROJECT TOTALS
TOTALS
e1 a
BUILDING 1 -TYPE 1
0_1 6
70 1 4
20
BUILDING 2 -TYPE 3
0 1 2
T 0 0
2
BUILDING 3-TYPE 1
0 i 6
0 70
70 1 4
78 A 0
20
28 --
BUILDING 4- 2 -- - --
BUILDING 8-TYPE2
0 10
is: 0
T 2B
BUILDING 6-TYPE 1
0 1 6
1 70 ; 4
1 20
BUILDING 7 -TYPE 1
0 1 6
101 4
20
BUILDING 8-TYPE 1
0
8
10 ` 4
20
BUILDING 9lTYPE 1 _- _
BUILDING 10-TYPE 7 -
0
_ 0...8
6
10 1 4
10 1 4
20
20
BUILDING 11 - TYPE 2
0
10
118 ' 0
28
BUILDING 12-TYPE 1
0
B
101 4
20
BUILDING 13 -TYPE I
BUILDING 14-ffti -
o 16
10 4
10 0
20
28
-jj
/o
BUILDING 15 -TYPE 3
0
2
0 0
2
BUILDING 16-TYPE3
--- - - -- --_.._
BUILDING 17-TYPES
0
_
0
2
2
0 0
_ ...__
0 0
2
_
2
OTALLRNTS
0
102
162I36
3p0
existing residential
'�-- RETAINING WALL
UNIT MIX
UNIT
TOTAL
TYPE Al -1 BEDROOM
16
TYPE A2 -1 BEDROOM
TYPE A3 -1 BEDROOM
78 - -
8
TYPE 81- 2 BEDROOM
78
TYPE 62 - 2 BEDROOM ---
84
TYPE C1- 3 BEDROOM
36
TOTAL UNITS
30p
PARKING
COUNT
STANDARD 9' X 18' SPACE
HANDICAP
TANDEM
_ 584 SPACES
_ _ 14 SPACES
28 SPACES
BOAT
5 SPACES
TOTAL SURFACE
531 SPACES
GARAGE - INTERNAL
24 SPACES
GARAGE - STAND ALONE
66 SPACES
GARAGE -CARRIAGE
18SPACFS
TOTAL GARAGE
106 SPACES
REQUIRED PARKING
567 SPACES
PROJECT TOTAL
637 SPACES
US 27 - Clermont, L L C
A Lee Chira & Associates Development
800 Highland Avenue
Orlando, Florida 32803
, ;m;. ;.t, 4;.l
1 YIVI C'-. 'IIII 1kAol
RETAMW WALL
Vhel�ard,q af Pammock Ridge - Conceptual Site plan
Clermont, Florida
Fuhn Commercial
charlan Brock & associates
architects & Planners
C
e
s
Righf & Leff Side Elevafions similar
The Vinegar& at PammoekRidge
US 27 - Clermont, L L C A Lee Chira & Associates nevdopment
Fronf & Rear Elevafions similar
Aparfinenf Pomes Community 20 Plex Elevafions
architects & planners Charlan Brock & Associates
I/8" scale April 26, 20(3
C
p
Rear Elevations Right & Leff Side Elevations similar
Eronf Elevation 1/8' suie *il 25, gas
The Vine ards at Parnmock Rid9e parfinenf Pomeg Community 2 Plex Elevafions
US 27 - Clermont, L L C A Lee Chira & Associates Development architects & planners Charlan Brock & Associates
' vb Cli
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The Vtmoo Ridge
US 27 - Uerrnont, L L C A Lee Lira & Associates Development
Aparfinenf Pores Community 2.0 pfex fronf Elevation Charm Brock & csscc;c'es
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2 27 - Clermont, L L C A Lee Chira & Associates Development
O
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LOT 2 F
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RESIDENTIAL PARCEL
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906,36686 SOFT.
-..
20.8073 ACRES
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OVERALL PARCELS
1.089,046 SOFT.
25.0011 ACRES
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rc
RIGHT-OF-WA� GK5
N o n
UNE
C6
SW CORNER OF NE 1/4
SEC 5-23S-26E \
1
LOT 37 SEC 5-23S-26E
0= THE PLAT OF
"MONTE VISTA PARK FARMS'
RE9WEN7)AL PARCEL
PO PA
AS RECORDED IN PIS 2. PG 27
CURVE TABLE
CURVE
RADIUS
CENTRAL ANGLE
ARC LENGTH
CHORD BEARING
CHORD
C1
59 . '
q '
,11'
'4 'W
348.92'
C2
63 .00'
11'4 ' '
1 4 '
S10'09'45'
130. 0'
C3
1 .40,
7755'27"
20. '
S41'50'49'E
19.37'
C4
644.
3'58"
442.85'
SIB'48'53"W
434.17'
C5
632.
3'2 ' "
257.82'
2' '37"W
256.04'
C6
15.
7756'01'
20.94'
S26"41'44'W
19.37'
C7
644.00'
5-06' '
282.15'
S78'1 '4 "W
279.90'
C8
744.DC'
44'18' 9
7 .46'
N38 5'S '
1. '
C9
756.00'
17'1'40'
230.3r
57.
14'39'
14.58'
7'46'4B'W
1454'
00'
4'01' '
47.31'
28'47'43"W
'
�Ci
98.97"
1S9'31"
55.26'
SOB'42'43"E
54.55'
1 1'
177. 1'
S61-42-10"E I
i .92'
le
TRACT "A"
(DRAINAGE/RETEN7ON)
DRAINAGE EASEMENT
ORB 3571, PG 2163
ORB 3645, PG 2314
TUSCANY VILLAGE
PHASE 1
PLAT BOOK 64, PAGE 13
N
2" 6 '� Ns•
PARK PARCEL 19
182.680 SQ.FT.
4.1938 ACRES
EASTERLY
RIGHT-OF-WAY
LINE
LOT 1
UN -IDENTIFIED PORTION Or N89"21'32"W
THE PLAT OF 'MONTE VISTA PARK FARMS'
AS RECORDED 1'4 PS 2, PG 27
BLOCK 1
SOUTH LINE OF,
THE NE 1/4
SEC 5-23S-26E
THIS IS NOWT A g lo��v
NOTES: THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
BASIS OF BEARINGS THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 5,
TOWNSHIP 23 SOUTH, RANGE 26 EAST BEING S 00Z1'53-W AND IS SHOWN ON SKETCH
0 50 100 200
Emmimmi
SCALE: 1' = 100'
GRAPHIC SCALE IN FEET
6
LEGAL DESCRIPTION: PARK PARCEL
A PARCEL OF LAND BEING A PORTION OF LOT I ,BLOCK I OF THE PLAT ENTITLED '
I EGEND TUSCANY VILLAGE -PHASE I' AS RECORDED IN PLAT BOOK 64 PAGE 13 DF THE PUBLIC
RECORDS Of LAKE COUNTY, FLORIDA, ALSO BEING A PORTION OF SECTION 5, TOWNSHIP
AC = Acres
(C) = Calculated Data 23 SOUTH. RANGE 26 EAST, LAKE COUNTY, FLORIDA. BEING MORE PARTICULARLY : ......
COR = Comer DESCRIBED AS FOLLOWS:
E = East w
(F) Field Data BEGIN AT THE SOUTH WEST CORNER OF LOT I ,BLOCK I OF THE PLAT ENTITLED x 8
FT = Feet ' TUSCANY VILLAGE -PHASE I• AS RECORDED IN PLAT BOOK 64 PAGE 13 OF THE PUBLIC $ Z c N (L) Legal Description RECORDS OF LAKE COUNTY, FLORIDA AND EASTERN RIGHT OF WAY OF SOUTH CLERMONT Sad
LB = Licensed Business Number CONNECTOR ALSO BEING RAMOCK RIDGE ROAD AND A NON -TANGENT CURVE TO THE LEFT;
THENCE ALONG THE SAID EASTERN RIGHT OF WAY THE FOLLOWING THREE (3) COURSES:
LF = Linear Feet (1) NORTHERLY ALONG THE ARC OF SAID NON TANGENT CURVE, HAVING A RADIUS OF
N North 3
LS = Licensed Surveyor 74q, 00 FEET. A CENTRAL AN OF 44. 18.59'. AN ARC LENGTH OF 575.46 FEET AND A ,o
=
0/A Overall CHORD BEARING AND DISTANCE OF NORTH 38.25'59' EAST 561.22 FEET TO A NON- g
ORB = Official Record Book TANGENT LINE; (2) NORTH 27.36'43" EAST FOR 52.21 FEET TO THE POINT OF
(P) Plot INTERSECTION WITH A NON -TANGENT CURVE TO THE LEFT : (3) NORTHERLY ALONG THE
PB Plot Book ARC OF SAID CURVE. HAVING A RADIUS OF 756.00 FEET, A CENTRAL ANGLE OF o $ 4:3_$
PG(5) pages 17.31'40'. AN ARC LENGTH OF 231.27 FEET AND A CHORD BEARING AND DISTANCE OF
PLS = Professional Land Surveyor NORTH 03'37'40' EAST 230.37 FEET TO A NON -TANGENT LINE; THENCE NORTH W y RR £
POB Point of Beginning to. 5'45" EAST FOR 211.76 FEET; THENCE SOUTH 24.53'25• EAST FOR 26.47 FEET;
POC Point of Commencement THENCE SOUTH 65.06'35' WEST FOR If4.33 FEET TO THE POINT OF CURVATURE OF A
L2y
RNG = Ron CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A3B4E
RADIUS OF 57.00 FEET, A CENTRAL ANGLE OF 14•39'34'. AN ARC LENGTH OF 14.58
R/W =Right of Way FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 57.46'48' WEST 14.54 FEET TO
S = South A NON -TANGENT LINE ; THENCE NORTH 41.03'28' WEST FOR 6.00 FEET TO THE POINT
SEC = Seciton OF INTERSECTION WITH A NON -TANGENT CURVE TO THE LEFT ; THENCE SOUTHWESTERLY
SO Square ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 63.00 FEET, A CENTRAL ANGLE
TWP = Township OF 43-01'22'. AN ARC LENGTH OF 47.31 FEET AND A CHORD BEARING AND DISTANCE
W = West OF SOUTH 28•47'43" WEST 46, 20 FEET ; THENCE SOUTH OT•17'02- WEST FOR 36.16
xx.Degrees FEET; THENCE NORTH 82'42'58" WEST FOR 6.00 FEET: THENCE SOUTH 0?'17'02- WEST
Minutes (Bearings) FOR 243.82 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT ; THENCE
S
Seconds (Bearing) COUTHERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 98.97 FEET, A _
ENTRAL ANGLE OF 31.59'31", AN ARC LENGTH OF 55.26 FEET AND A CHORD BEARING
KK
= Feet (Distances)
AND DISTANCE OF SOUTH OB•42'43' FAST 54 55 FEET THENCE SOUTH 24. 42'29' w m u
\ EAST FOR 201 17 FEET; THENCE SOUTH 65. 17'31' WEST FOR 6 66 FEET; THENCE SOUTH _ c
OB'30'S4' EAST FOR 30.65 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE
\\ LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF F n o c
•� 95. 50 FEET. A CENTRAL ANGLE OF 106.22'31', AN ARC LENGTH OF 177.31 FEET AND A W w = < W W '<
CHORD BEARING AND DISTANCE OF SOUTH 61•42'10- EAST 152.92 FEET ; THENCE i z z ra r4
NORTH 65•06'35' EAST FOR 39,31 FEET: THENCE NORTH 53'57'37' EAST FOR 160.32 Q cW'i Ls
FEET; THENCE NORTH 24.53'25" WEST FOR 10.01 FEET; THENCE NORTH 65•06'35' EAST Z a u
FOR 35.62 FEET: THENCE SOUTH 66.45'59' EAST FOR 73. 10 FEET TO THE NORTHWEST O = c \ CORNER OF LOT 2 OF AFORESAID BLOCK 1; THENCE SOUTH 24.49'35' EAST ALONG THE
WEST LINE OF SAID LOT 2 FOR 185.26 FEET TO INTERSECT THE SOUTH LINE OF i
\ AFORESAID BLOCK 1; THENCE NORTH 89.2('32' WEST ALONG THE SAID SOUTH LINE FOR \ 978.74 FEET TO THE POINT OF BEGINNING Q LL o
\ 1 CONTAINING 182,680 SQUARE FEET OR 4A938 ACRES, MORE OR LESS. Q i
\•.\ \\ LEGAL DESCRIPTION: RESIDENTIAL PARCEL W
\ A PARCEL OF LAND BEING ALL G LOT 3 AND A PORTION OF LOT 2. BLOCK 2 OF THE (JJ
\ \ PLAT ENTITLED "TUSCANY VILLAGE CHASE VAS RECORDED IN PLAT BOOK 64 PAGE 13 OF J
THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. ALSO BEING A PORTION OF SECTION 5,
\ TOWNSHIP 23 SOUTH, RANGE 26 EAST. LAKE COUNTY. FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 3 ,BLOCK 2 OF THE PLAT ENTITLED 'TUSCANY
n `�j VILLAGE -PHASE I'AS RECORDED IN PLAT BOOK 64 PAGE 13 OF THE PUBLIC RECORDS OF
.t1 Liq
AKE COUNTY, FLORIDA SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE
NORTHEST 1/4 OF SECTION 5. . TOWNSHIP 23 SOUTH, RANGE 26 EAST AND THE
'Y �3 SOUTHEAST CORNER OF LOT 320 OF THE PLAT ENTITLED 'SPRING VALLEY PHASE 6, AS
RECORDED IN PLAT BOOK 50,PAGE 26 OF SAID PUBLIC RECORDS: THENCE NORTH
\ \\ aN T O�� 00•21'S3' EAST ALONG THE WEST LINE OF SAID BLOCK 2 AND THE EAST LINE OF SAID W
00 SPRING VALLEY PHASE 6 AND SPRING VALLEY PHASE 5 AS RECORDED IN PLAT BOOK 49,
%'O tP PAGE 45 OF SAID PUBLIC RECORDS FOR 1.693.22 FEET; THENCE NORTH 62•I6'10"
T� 9 EAST ALONG A PORTION OF THE NORTH LINE OF SAID BLOCK 2 FOR 385.72 FEET TO THE Q Z
q NORTHEAST CORNER OF SAID LOT 2. BLOCK 2 AND THE NORTHWEST CORNER OF LOT I OF 0
a•Z y TO SAID BLOCK 2: THENCE SOUTH 52'44'05' EAST ALONG A PORTION OF THE EAST LINE 4Q
OF SAID LOT 2 AND WEST LINE OF SAID LO7 1 FOR 48.22 FEET; THENCE SOUTH
W ' IPA
O 37.40'17' WEST FOR 234. 60 FEET; THENCE SOUTH 62.37'53' EAST FOR 329 77 FEET d
\ ��N %7- TO INTERSECT THE WESTERN RIGHT OF WAY OF SOUTH CLERAIDNT CONNECTOR ALSO BEING Y N
HAMADCK RIDGE ROAD AND A NON -TANGENT CURVE TO THE LEFT; THENCE ALONG THE SAID
\ \ OZ �� 4 PLO WESTERN R I GHT OF WAY THE FOLLOW NO TWELVE ( 12 ) COURSES: ( I ) SOUTHERLY ALONG O O
\ \ G !�O .L THE ARC OF SAID NON TANGENT CURVE, HAVING A RADIUS II)S OF 596.00 FEET, A CENTRAL
ANGLE OF 34.02'30", AN ARC LENGTH OF 354 11 FEET AND A CHORD BEARING AND C LLB
LJL
9� R'90 Qa� D I STANCE OF SOUTH 00. 56' 45' WEST 348 92 FEET ( 2 ) SOUTH 16.04' 28' EAST FOR 6
\\ \ tIp152.37 FEET; (3) SOUTH 02•34'43" EAST FOR 51.42 FEET; (41 SOUTH 16•04,28. J
O y EAST FOR 146.35 FEET TO THE POINT OF INTERSECTION WITH A NON -TANGENT CURVE TO
THE RIGHT . (5) SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF Q
\ nOT
;\ aUL�s �y 632. 00 FEET. A CENTRAL ANGLE OF 11•49'28', AN ARC LENGTH OF 130.43 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 10'09'45' EAST 130. 20FEET TO THE POINT W.OFINTERSECTION WITH A NON -TANGENT CURVE TO THE RIGHT ; (6) SOUTHEASTERLY\ALONGTHE ARC OF SAID CURVE. HAVING A RADIUS OF I5.40 FEET, A CENTRAL ANGLEO\OF 77.55'27". AN ARC LENGTH OF 20.95 FEET AND A CHORD BEARING AND DISTANCE '`Q
\yOF SOUTH 41.50'49" EAST 19.37 FEET TO A POINT OF COMPOUND CURVATURE OF A ��//�� V�ACURVE TO THE RIGHT; (7) SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A U)U1.4 RADIUSOF644.00 FEET, A CENTRAL ANGLE OF 39.23'58", AN ARC LENGTH OF 442.85 Wf^FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 16•48'53' WEST 434.17FEET TO A NON TANGENT LINE (8) SOUTH 32•26'49" WEST FOR 50.53 FEET TO THE POINT OF INTERSECTION WITH A NON -TANGENT CURVE TO THE RIGHT ; (9) SOUTHWESTERLY ALONG\ THE ARC OF SAID CURVE. HAVING A RADIUS OF 632.00 FEET, A CENTRAL ANGLEOFW23.22'25'. AN ARC LENGTH OF 257.82 FEET AND A CHORD BEARING AND DISTANCE OFSOUTH 52.36'37' WEST 256.04 FEET TO THE POINT OF INTERSECTION WITH A WNON-TANGENT CURVE TO THE RIGHT ;(10) SOUTHWESTERLY ALONG THE ARCOF SAID
CURVE, HAVINGA RADIUS OF 15.40 FEET, A CENTRAL ANGLE OF77•56.01%ANARC
LENGTH OF2094 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26. 41'44'
WEST 19.37 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT;) WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 644.00 FEET• A S
\ CENTRAL ANGLE OF 25•06'00'. AN ARC LENGTH OF
282.15 FEET AND A CHORD BEARING
"MONTE VISTA PARK FARMS' •\ `` AND DISTANCE OF SOUTH 78.12'49" WEST 279.90 FEET ; THENCE NORTH 89•21'50' E
AS RECORDED IN PB 2, PG 2' '•\ \ WEST FOR 3 44 FEET TO THE POINT OF BEG INNING E 1 Of •)
CONTAINING 906,366 SQUARE FEET OR 20.8073 ACRES, MORE OR LESS. v
Rear Elevafions Righf & Leff Side Elevations similar
Fronf Elevaf ion vsp scale April 25, 203
The Vhe�ardq at Pammoek Rid9e A�arfinenf Pomes Communifg 2 Plex Elevafions
US 27 - Clermont, L L C A Lee Chira & Associates nevelopment architects & planners Charlan Brock & Associates
Right & Left Side Elevations similar
1®92 lag
BIM INI
0
If
Front & ?ear Elevationg similar
1/8" Scale April 26 2013
The Vinegar& at Pammoek Ridge A artmenf Pomes Community 28 lex Elevations
p p
US 27 - Clermont, L L C A Lee Chira & Associates Development architects & planners Charlan Brock & Associates
CITY OF CLERMONT
AGENDA ITEM
Page 1 of 5
Planning & Zoning Commission
June 4, 2013
I
City Council
June 25, 2013
FROM: Planning & Zoning Department
Requested Action
MOTION TO DENY: Resolution No. 2013-15
Poolside Grill — Conditional Use Permit
Staff believes this development is consistent with the uses in the area, however, staff also feels size of the parcel
is too small for the proposed restaurant and office use. Therefore staff recommends denial of the Conditional Use
Permit request for a restaurant use on this C-1 zoned parcel.
Summary Explanation/Background
The applicant is proposing to open a new restaurant at 101 East Highway 50 within the Advanced Water Shapes
office building. Restaurants are required to obtain a Conditional Use Permit within the C-1 zoning district.
The proposed restaurant will occupy one half of the overall building plus the area outside around the display pool.
The grill will be located outside in an existing area already set up for demonstration purposes, and a small kitchen
will be set up inside the office building.
Based on the proposed layout, the restaurant alone will require 12 parking spaces, and the remaining office space
requires 4 parking spaces. There are a total of 10 parking spaces approved on the entire site. A variance will be
required for 6 parking spaces that cannot be provided for.
Exhibits Attached (copies of original agreements)
Exhibit 1 — Site information & Aerial map of site
Exhibit 2 - CUP Conditions
DEVELOPMENT NAME:
OWNER/APPLICANT:
REQUESTED ACTION:
SIZE OF PARCEL:
GENERAL LOCATION:
EXISTING ZONING:
EXISTING LAND USE:
FUTURE LAND USE:
SURROUNDING CONDITIONS:
Exhibit 1
Poolside Grill
John Wetzel
A CUP Request to allow a restaurant in the C-1 Light Commercial Zoning
District
.3 +/- acre
101 East Highway 50
C-1, Light Commercial
Office/ Retail
Commercial
ZONING
EXISTING LAND USE
NORTH:
R-3-A Residential/Professional
Office
SOUTH:
R-3 Residential/Professional
Office
EAST:
R-2 Medium Density Residential
Residential
WEST:
C-1 Commercial
Vacant
Road Classification: Highway 50 — Arterial
Utility Area: City of Clermont Water / Sewer
Site Utilities: City of Clermont Water / Sewer
Site Visit: 4-10-13
Signs Posted: By applicant
FUTURE LAND USE DISTRICT
Office
Office
Medium Density Residential
Commercial
Location Map:
Exhibit 2
CUP CONDITIONS:
Section 1 - General Conditions
The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns
and successors in title or interest.
2. No further expansion of the use or additions to the facility shall be permitted except as approved by the Site
Review Committee. An amendment to the Conditional Use Permit may be required.
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move,
convert, or demolish any building or structure, or alter the land in any manner within the boundary of the
project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary
permits in accordance with the City of Clermont Land Development Code and those of other appropriate
jurisdictional entities.
4. No business can occupy any portion of the building unless the proposed business has applied for and
obtained a Local Business Tax Receipt from the Planning and Zoning Department.
5. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90
days o its date ofapproval by the City Council or the permit shall become null and void.
6. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by
the City Council, a short -form version of this Conditional Use Permit in the form set forth in Exhibit `A " to
provide notice to all interested parties, the assigns, successors and heirs of the developer/applicant and all
future owners of the above -referenced property that the real property described above is subject to the terms
and conditions of the Conditional Use Permit.
7. The Restaurant use shall be required to install and maintain any required grease trap for food services in
accordance with the Clermont Code of Ordinances and other local or state regulations. Installation and size
are to be determined by the Utility Director.
8. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. If
any of the stated conditions are violated, the applicant understands and agrees that the City Council may
open the Conditional Use Permit for further conditions or revoke this Conditional Use Permit by resolution.
9. Should the restaurant use cease operations for a period greater than one year, a new Conditional Use Permit
shall be required.
10. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the
right to open the CUP for further review and additional conditions. Recurring documented complainants
related to noise or other disturbances emanating from the operation shall be considered prima facie evidence
of a violation of this provision. The owner shall be given written notice of such violations and shall have
seven (7) days after receipt of such notice within which to demonstrate that adequate measures have been
taken to alleviate the source of the disturbance which gave rise to the recurring complaints. If in the opinion
of the Planning and Zoning Director, the disturbances have not been corrected, the owner will be scheduled
for the next available City Council meeting to deter -nine the appropriate action necessary to alleviate the
disturbance, including any additional restrictions on the operation of the business deemed necessary to
alleviate the complaints.
11. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be
met prior to any Certificate of Occupancy being issued.
12. The structure shall be inspected by the City Building Inspector and all building code violations must be
corrected prior to a Certificate of Occupancy being issued.
13. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may
revoke this Conditional Use Permit by resolution.
Section 2 — Land Use
1. Permitted uses shall include a Restaurant and permitted C-1 uses at 101 East Highway 50.
2. The existing display pool shall not be used for patron use in association with the restaurant.
3. No outdoor storage or display shall be permitted without obtaining City approvals in accordance with the
Land Development Code.
Section 3 - Architectural Design and signau:
All structures shall be designed and constructed in accordance with the Architectural Standards of the City of
Clermont. In addition, the following shall be required:
All fencing within public view shall be ornamental metal or brick, as approved by the City's Site Review
Committee. Chain link fencing shall be prohibited.
2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon tubing shall not be
utilized for building trim or accent areas.
3. All other signage shall comply with applicable codes.
\\Cityhall\shares\Planning and Zoninf;\Developments\OUP's\Poolside Grill CUP - AGENDA ITEM P&Z5-4, CC5-25-13.doc
CITY OF CLERFAC14 6
CONDMONAL USE PER191T (CUP)
APPLICATION
DATE: f
PROJECT NAME (if applicable)
APPLICANT:
CONTACT PERSON:
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Address L
City: ' State: Zip:
Phone: 00"A Fax:Z
E-Mail: • - �L' �� 2zq7j
Phone: Fax:
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Address of Subject Property:
General Location: a7L�,IxL
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Legal Description (include copy of survey): `� 2- /6-
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Land Use (City verification required):
Zoning (City verification required):_
CITY OF CLERMORT
COMVI ZONAL USE PERMIT (CUP)
APPLICATION
Page 2
Detailed Description of request (What are you proposing to do and why is it appropriate
for this location? Attach additional page is necessary.,, ;
Owner Name (print)
IF THIS APPLICATION IS SUBMITTED INC M LETE OR INACCURATE, IT WILL
BE SUBJECT TO A DELAY ON PROCESSING AND WILL NOT DE SCHEDULED
UR"TIL CORRECTIONS ARE MADE.
City of Clermont
Planning & Zoning Department
685 W. Montrose St.
P.O. Box 120219
Clermont, FL. 34712-021 9
(352) 394-4083 Fax: (352) 394-3542
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PROJECT CHARACTERISTICS
EXISTINGZONING.................................................................................... R-3
TOTAL PROJECT AREA..................................................................0.30 ACRES
PROPOSED SERVICES•
DRINKING WATER, .......................................................City of Clermont
SEWAGE DISPOSAL .....................................................City of Clermont
ELECTRIC .....................................................Florida Power Corporation
TELEPHONE................................................................................ Sprint
GARBAGE DISPOSAL.. .................................................. City of Clermont
FIRE PROTECTION .......................................................City of Clermont
POLICE PROTECTION ...................................................City of Clermont
MINIMUM BUILDING SETBACK REQUIREMENTS•
FROM STATE ROAD SO RIGHT-OF-WAY...................................50'
FROM FRONT PROPERTY LINES AND RIGHTS-OF-WAY..............23'
FROM REAR PROPERTY LINES.................................................25'
FROM SIDE PROPERTY LINES .................................................. 12'
PARKING SPACES REOUIRED:
(1,200 af) OFFICE AREA;
(1) PARKING SPACE PER 200ef OF COMMERCIAL = (6) PARKING SPACES
HANDICAPPED PARKING;
(1) PARKING SPACE PER 25 REGULAR SPACES = (1) PARKING SPACES
PARKING SPACES PROVIDED: (9) 10'X 20' REGULAR SPACES
KIL12'K 20' HANDICAPPED SPACES
(10) PARKING SPACES PROVIDED
WALL NOT CONSTRUCTED
AT THIS LOCATIO
AS -BUILT POOL AND SPA AREA
PROPOSED LAND USE SUMMARY
DESCRIPTION:
SO. FT.
x OF TOTAL
OFFICE/STORAGE AREA
1.293 ef.
9.95x
SIDEWALK/ PORCH AREA
263 ef.
2.02%
PARKING AREA
5,303 ef.
40.82x
TOTAL IMPERVIOUS AREA
6,859 ,1.
52.79%
GREEN SPACE
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LOT AREA
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LEGAL DESCRIPTION:
THAT PART OF LOTS 12 AND ':3, BLOCK 9, SUNNYSIDE UNIT,
LYING SOUTH CIF STATE ROAD 50, ACCORDING TO THE PUT
THEREOF, AS RECORDED IN PLAT BOOK 8, PAGES 66 & 67,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. '---
PROJECT
LEGEND
— — I — —
PROPERTY BOUNDARY LINE
- — - — - —
ROADWAY CENTERLINE
"—'--------
RIGHT-OF-WAY LINE
I i1111111111111 T1111111:IIIT11111111
BUILDING SETBACK LINE
- - - - - - - - - - - -
DRAINAGE/UTILITY EASEMENTS
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EROSION CONTROL SILT BARRIER
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EXISTING CONTOUR LINE
DRAINAGE INLET
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EXISTING FIRE HYDRANT ASSEMBLY
RECORD DRAWING
THIS PROJECT HAS BEEN CONSTRUCTED
IN SUBSTANTIAL ACCORDANCE WITH THE
APPROVED CONSTRUCTION PLANS, THE
"AS -BUILT" INFORMATION SHOWN HEREON
IS BASED UPON DATA PROVIDED BY
THE CONTRACTOR
NOTE:
PRKNOX BOX' LOCK BOXES WILL BE REOUIRED ON ALL COMMERCIAL BUILDINGS (SOUTHERN STANDARD FIRE
EVENTION CODE, CHAPTER 603.18.1). TNESC SHALL CONTAIN KEYS TO THE BUILDING AND ANY SYSTEMS
IN THE BUILDING (SUCH AS FIRE ALARMS, SPR':NY,LER SYSTEMS. ELEVATORS, ETC.). THESE SHALL BF
INSTALLED ON THE WALL OF THE BUILDING IN THE AREA OF THE MAIN ENTRANCE. APPLICATIONS F0
PURCHASE OF THIS EOUIPMENT ARE AVAILABLE FROM THE FIRE DEPARIMENT. ��/��1 IIYY''
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DATE
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DES. BY: RM.
OWN. BY: Rkc
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CITY OF CLERMONT
CMM ZA100f
AGENDA ITEM
Pace 1 of 3
Planning &'Zoning Commission
June 4, 2013
City Council
June 25, 2013
FROM: Planning & Zoning Department
Requested Action
MOTION TO APPROVE: Large Scale Comp. Plan Amendment Ordinance No. 2013-09
Staff recommends approval of the Future Land Use Map change from Lake County Rural Transition to City of
Clermont Public Facility/ Institutional.
Summary Explanation/Background
The applicant is requesting a future land use amendment to change from Lake County Rural Transition to City of
Clermont Public Facility/ Institutional. The 18 plus acre parcel is along Old Highway 50 just south of Verde
Ridge. This land use change will eventually allow the owner to develop the site for a church facility.
This request is being processed concurrently with an annexation request. Upon annexation, the zoning will
change from Lake County agriculture zoning to the City of Clermont urban estate zoning district which is the
default zoning district for annexation.
A Conditional Use Permit and Site Plan approval will be required once the church facility is ready to move
forward with development.
Exhibits Attached (copies of original agreements)
7-
Exhibit 1 —Aerial map of site
Exhibit 2 — Surrounding Conditions
Exhibit 1
Location map:
Exhibit 2
EXISTING LAND USE: Vacant
EXISTING FUTURE LAND USE: Lake County Rural Transition
EXISTING ZONING: Lake County Agriculture
PARCEL SIZE: 18.4 acres
SURROUNDING CONDITIONS:
ZONING
NORTH: UE Urban Estate
SOUTH: Lake County Agriculture
EAST: Urban Estate (PUD)
WEST: Lake County Agriculture
EXISTING LAND USE
Residential
Vacant
Residential
Vacant
ROAD CLASSIFICATION: Old Highway 50 - Collector
UTILITY AREA: City of Clermont
SITE UTILITIES: City of Clermont water & sewer
FUTURE LAND USE
DISTRICT
Master Planned Development
Lake County Rural Transition
Low Density Residential
Lake County Rural Transition
\\Cityhall\shares\Planning and 7oning\Developments\Comp Plan Amendments\Crossing Church Comp Plan - AUNDA ITCM P&76-4, CC6-25-13.doc
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CITY OF CLERMONT
tot COMPREHENSIVE PLAN AMENDMENT
.�,-- Application
DATE: Apr 24, 2013 FEE:
Project Name (if applicable):_
Applicant: The Crossing Church
Contact Person: Michael Latham - GatorSktch Corporation
Address:1295 West Highway 50, Suite B
City: Clermont State: FL Zip:34711
Phone: 407-608-5677 Fax: 888-599-4814
E-Mail: mblatham@gatorsktch.com
OWNER: The Crossing Church
Address: P.O. Box 121688
City: Clermont _J State: FL ^
Phone: Fax:
F_-Mail: Kendal Anderson [kendalwired@yahoo.com]
General Location: Alternate Key #'s 1453275 & 3880865
Zip: 34712-1688
Legal Description (include copy of survey): See attached property card and Survey
Property size (in acres or square feet) 18-40
Flood hazard area (yes) ____ and approx. acreage
Existing (Actual) Land Use: Special Fruits, Cattle
Existing Zoning: Agricultural
Existing Future Land Use: _ Rural Transition
Proposed Future Land Use: Public Facility / Institutional
Type of development proposed: Church Campus
(no)
Proposed density (dwelling units/acre) or intensity: Less than one building per acre
Proposed Zoning District: UE - Urban Estate Low Density
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).
Utilities for proposed Church Campus
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
Michael Latham with GatorSktch Corporation
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
Rural Transition to Public Facility / Institutional
the property legally described on the attachment of this application.
for
3. That the submittal requirements for the application have been completed and
attached hereto as part of the application.
x
Affiant - Applicant Name (situ-e)
SWORN to and SUBSCRIBED before me by
or ersonally known;by�pithis �; _ day of
�Pti��sBtflN o��'FJ, . • * �'
4 ,;9p •.,�Faw+.kaf. �k .
141
,200.
Notary Public, State of Florida at Large
My Commission Expires: _ 3`jo"/ ("',
Page 3
Comprehensive Plan Amendment, Application
OWNER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE SS:
Before me, the undersigned authority personally appeared
Kendall Anderson, Senior Pastor, The Crossing Church
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
Rural Transition to Public Facility / Institutional for
the property legally described on the attachment of this application.
3. That the owner of said property has appointed Michael Latham, GatorSktch C.�_-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
Affiant — Owner's Name (su+►atu#-e�
SWORN to and SUBSCRIBED before
me by sond,2 (� to l•1 c�
t / 50h
or personally known by me this day of Jt '� t t — 20 ti .
,:.'N SiALNq��,,�4
3C
Notary Public, State of Florida at Large
_
My Commission Expires:
01 iC
Page 4
Comprehensive Plan Amendment, Application
CITY OF CLERMONT
PLANNING AND ZONING COMMISSION
WORKSHOP AGENDA
6:30 P.M., Tuesday, April 2, 2013
City Hall — 685 W. Montrose Street, Clermont, FL
NOTE: Planning & Zoning Workshop meetings are for information gathering and
discussion purposes. The Planning & Zoning Board members will not vote on any issues
at a Workshop meeting. The Planning & Zoning Board members reserve the right to
discuss additional items or delete items from the tentative agenda.
1. Planning & Zoning Commission in General.
a. Conditional Use Permits
b. Conditions and Safeguards
c. Notice Requirements
2. Amendments to Land Development Code, Comprehensive Plan, and to Rezone land.
a. Review Criteria
b. Commission Action
c. Notice Requirements
3. General Standard of Review for Commission Matters.
a. Quasi-judicial Body
b. Applicant's Burden of Proof
c. Presentation of Cases before Commission
d. Only Relevant Information Should be Considered
4. General Procedural Matters.
a. Government in the Sunshine: Section 286.011
b. Public Records Law
c. Ex Parte Communications
d. Voting Requirements
e. Decorum
f. Parliamentary Procedure
Discussion of Non -Agenda Items
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.
DE BEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL, LLP
Attorneys And Counselors At Law
A Partnership Including Professional Associations
Post Office Box 87
332 North Magnolia Avenue
Orlando, Florida 32802-0087
(407) 422-2454
Writer's Telefax (407) 992-3541
Writer's E-Mail: dfm14@dbksmn.com
MEMORANDUM
To: Chairman Jones and Members of the City of Clermont
Planning and Zoning Commission
From: Daniel F. Mantzaris, City Attorney
DATE: February 28, 2013
Re: Procedural/General Matters Work Session
The following is provided to assist you with your service on the Planning and Zoning
Commission, and addresses some of the more important issues, which may arise during your
term. This memorandum is only intended to act as a guide, and is not an exhaustive analysis of
any or all of the issues the Commission may need to address. As City Attorney, I am available to
address any of these issues in greater detail should you deem it necessary.
A. PLANNING AND ZONING COMMISSION IN GENERAL: Clermont City
Code Sec. 2-76, et seq. created the Commission as authorized by the City Charter. As you
aware, in most instances the Commission acts as an advisory body to review petitions, receive
staff and applicant information, hear public comment and make recommendations to the City
Council on zoning related matters.
1. Conditional Use Permits (CUP). Chapter 86, Article II, Division 3,
establishes the process for review and approval of an application for a conditional use permit. A
conditional use is a use that because of its uniqueness or character is not specifically identified as
a permitted use in a particular zoning district, but if regulated as to number, area and location or
relation to the area, will not adversely affect the public health, safety, appearance or general
welfare.
(a) General Criteria for Granting CUP. Upon review and formal
action on an application, the Commission may recommend approval to the Council, and the
Council may approve a CUP, if it is found from the evidence presented that:
(1) The granting of the CUP will not adversely affect the
City's Comprehensive Plan;
(2) The use will not be detrimental to the health, safety or
general welfare of persons residing or working in the area;
(3) The use will comply with the regulations and conditions
specified in the City Code for such use; and
(4) The use is considered desirable at the particular location.
(b) Conditions and Safeguards. In granting a conditional use, the
Commission may recommend that the City Council prescribe appropriate conditions and
safeguards to protect the public health, safety and welfare and ensure compliance with the codes.
(c) Notice requirements. For all CUP applications the date, time and
place of the Commission's public hearing, and a concise description of the proposed use must be
included in a notice distributed as follows:
(1) To all owners of real property within 150' feet of the
location of the proposed use;
(2) By publication in a newspaper of general circulation at
least five days before the Commission hearing; and
(3) By a sign posted by the applicant on the subject property.
2. Amendments to Land Development Code or Comprehensive Plan and to
Rezone Land. (Chapter 86, Article II of the City Code.)
(a) Review Criteria. In considering an application for an amendment
to the comprehensive plan or the land development code or a rezoning, the Commission shall
consider the following:
(1) Consistency with the existing comprehensive plan, or for a
comprehensive plan amendment, consistency with the
goals, objectives and policies of the comprehensive plan.
(2) Consistency with applicable sections of the land
development code.
(3) In addition, for rezoning requests:
(a) Whether the rezoning request is justified by
changed or changing conditions.
(b) Whether adequate sites already exist for the
proposed district uses.
(c) Whether requirements of the land development code
are adequate to ensure compatibility with adjoining
property owners.
2
(b) Commission Action. The Commission shall consider and make a
recommendation to the City Council on every request for rezoning or proposed amendment to
the comprehensive plan or the land development code.
(c) Notice requirements. The date, time and place of the
Commission's public hearing, and a concise description of the proposed action, must be noticed
as follows:
(1) To all owners of real property within 150' feet of the
location of the subject property;
(2) By publication in a newspaper of general circulation at
least five days before the Commission hearing; and
(3) By a sign posted by the applicant on the subject property.
(4) Note: there are additional statutory requirements related to
rezoning applications initiated by the City.
B. GENERAL STANDARD OF REVIEW FOR COMMISSION MATTERS.
1. Quasi-judicial Body. Although the Commission's actions are advisory
recommendations to be heard by the City Council, the Commission makes its determinations
based on information and evidence submitted, and as such the commission essentially acts as a
quasi-judicial body. Therefore, in making a determination, the Commission should base its
recommendation on substantial competent evidence or information.
(a) Substantial Competent Evidence. The general view of the
applicable case law, is that substantial competent evidence necessary to support a decision by the
Commission should be information that is relevant to the matter and that a reasonable mind
would accept as adequate to support the conclusion reached. In addition, the information should
be "competent", i.e.: something more then opinion not backed up by facts. See DeGroot v.
Sheffield. 95 So. 2d 912 (Fla 1957).
(b) Fact -Based Decision. Essentially, the Commission should base its
decision on facts present to it and not solely upon the wishes of those who appear for or against
an application. See Pollard v. Palm Beach, 560 So. 2d 1358 (Fla. 4 DCA 1990
2. Applicant's Burden of Proof. As indicated above the key to all of the
matters that the Commission considers is first and foremost making a determination based on
substantial competent evidence that the action requested is consistent with the City's
comprehensive plan, or in the case of comprehensive plan amendments, consistent with the
goals, policies and objectives of the plan. In all such matters, the applicant has the burden of
proving that the application is consistent with the City's comprehensive plan. If the applicant
sustains this burden and meets the other requirements related to the specific application, then the
application should be approved unless the Commission determines that denying the request
accomplishes a legitimate public purpose. The public purpose must be legitimate however, i.e.:
adverse impact of the established area or injures the public health, safety and welfare. The
3
denial cannot be arbitrary, discriminatory or unreasonable. See Board of County
Commissioners of Brevard CounU v. Snyder 627 So. 2d 469 (Fla 1993).
3. Presentation of Cases Before Commission. The standard procedure for the
Commission is for the City staff to provide an overview of the subject matter and the applicant's
request and staff s recommendation. The recommendation is usually submitted as part of a staff
report and becomes part of the case "record". After staff presents its report, the applicant is
given an opportunity to present its case. Since the applicant is entitled to a fair hearing on the
request, the Commission should afford the applicant as much time as possible to present its
reasons for the approval of the relief it is requesting. After the applicant is finished, then the
Commission should receive public comment. It is important to remember that public comment
and the applicant's response, if any, should be directed to the Commission and not become a
direct debate between the groups appearing before the Commission. Pursuant to the discretion
of the Commission through its Chairman, all individuals who appear before the Commission
should be given a fair opportunity to be heard on relevant issues. This, however, does not
necessarily mean that individuals should be allowed to make repetitive comments or be given
several separate opportunities to address the Commission on the same application.
4. Only Relevant Information Should be Considered. It is important that the
Commission only receive information that is relevant to the specific question before it. As a
result, presentations from applicants and other interested parties should be limited to the
specifics of the application submitted. Similarly, Commission members and others should not
ask questions or make comments that are not relevant to the specific issues before the
Commission,
C. GENERAL PROCEDURAL MATTERS
Government in the Sunshine.
(a) In General: Section 286.011, Florida Statutes, provides
that any meeting, gathering or other event where two or more members of a local government
board or commission discuss any matters related to, or upon which, foreseeable action may be
taken, must be open to the public. Open to the public means properly noticed and in a location at
which the general public can attend.
(b) Practical Application: Obviously that as Commission
members, you must be careful to avoid any discussion regarding pending matters with other
members prior to or after your meetings. What may not be as obvious is that it is equally
important that during your meeting all of your discussions related to a particular matter be in the
sunshine.
For example: Sidebars. During a meeting members should not be
leaning to the member sitting next to them and softly discussing any case. All discussions, no
matter how trivial, need to be made so that the entire Board and audience can hear.
Recesses. Anytime the Board is in recess all
discussion related to pending cases should cease.
(c) Importance: There are two very important reasons why
the Sunshine law must be complied with. First, any action taken in a meeting outside of the
"sunshine", may be invalidated. Second, an intentional violation of this Law is punishable as a
second-degree misdemeanor.
2. Public Records Law
(a) In General: Chapter 119, Florida Statutes, Florida's
Public Records Law provides that all public records, unless exempt by the statute, must be
retained and produced upon request of a member of the general public. It further provides that
any individual who obtains possession of a public record may be deemed a custodian of that
record and subject to retaining it in accordance with Florida Law. Essentially a document is a
public record and must be retained if it is meant to perpetuate, communicate or formalize
knowledge related to a public matter. This only applies to the original document and not to
unaltered copies utilized for working purposes. It is important to recognize that a -mails and text
message to the extent that they are related to City business may be considered public records.
(b) Practical Application: As members of the Commission you
receive numerous copies of documents, the originals of which are public records. If you utilize
the copies simply to refer to during the meeting and do not alter them by adding information that
is intended to perpetuate, communicate or formalize any knowledge or information, then the
document is likely not to be deemed a public record and does not need to be retained.
For example: Copies of your agenda packages need not be
retained unless you add personal notes with regard to the proceedings. Personal notes that you
take during a meeting are arguably made with the intention to perpetuate knowledge and
therefore, may be deemed a public record. If you do take personal notes, it is suggested that you
retain them so that if the need ever arises, you can produce them.
E-mail and text messages: We strongly suggest that if you
are going to use e-mail to communicate any information related, in any manner, to City business
that you copy the Rae Chidlow, the Clerk to the Commission. If you do this, then your e-mail
will automatically be contained on the City's e-mail server and be available for disclosure in
accordance with the Public Records Law. Obviously, if your e-mail is directed to Ms. Chidlow
or to another City employee, then it will be on the City server and no additional copy is needed.
Similarly, since our office has set up a system to retain e-mails, you may always e-mail me and
not be concerned about retention of the e-mail. With regard to text messages, as you are
probably aware, the retention and ability to retrieve text messages can be difficult. Therefore, to
avoid any issues with the Public Records Law, it is our view that members of the Commission
should not send text messages with regard to City business.
(c) Importance: A violation of this act could subject you to a
noncriminal infraction, including a fine not to exceed $500. If you are deemed to be a custodian
of that record and you do not produce it when requested, you may also be responsible for
attorney fees, if you are sued for failure to provide public records.
Ex Parte Communications
(a) In General: The Commission is essentially a "quasi-
judicial" body because it makes decisions, applicable to individuals and entities, after hearing
testimony and/or receiving evidence. As such, members of the Commission should avoid
participating in ex parte communications. Ex parte means that information has been received or
communicated to a member of the quasi-judicial body by one party without notice to the other
parry and without the other party being present.
(b) Practical Application: As Commission members we believe
you should refrain, whenever possible, from discussing any matter that may be before the
Commission or could be brought before the Commission. In your cases, individuals that may try
to discuss matters with you are usually the applicant or an interested citizen. The general
guideline is that as members, you should avoid receiving information directly related to any case
unless the information has been provided to you at the public hearing.
Receiving information not part of presentation. Essentially
any information received by a Commission member that is not part of the presentation at the
public hearing or is not presented to the Commission as a group and the parties involved, can be
determined to be an ex parte communication. As discussed above, conversations with parties
can be deemed ex parte communications. Additionally, reviewing documents, pictures or other
information that is not presented to the entire Commission can be determined ex parte
communication. This later category, could include independent research by a Commission
member, whether done prior to the meeting or at the meeting, for example, by using a smart
phone. Therefore, it is our suggestion that Commission members avoid doing research on their
own as to the issues that may come before them and avoid using a smart phone during the
meeting to obtain information related to the matter.
(c) Importance: If you are contacted by a party or interested
citizen and participate in an ex parte communication, you have not violated any law. Any action
taken, however, could be deemed invalid if it is determined that there was improper ex parte
information received or obtained by a Commission member. If such a situation occurs, you
should at the public meeting, disclose to the entire Commission and all of the parties what was
discussed. To the extent that the ex parte communication involved information such as
documents or internet research, in our view, it will be necessary that you have that information
available to disclose to the Commission at the meeting.
4. Voting Requirements.
(a) In General: As a Commission member you must vote on
every matter brought before you at the meeting unless you have a conflict of interest. Pursuant
to Section 112.3143, Florida Statutes, a conflict of interest involves a matter which could inure
to your "special private gain or loss" or any person or entity you are related to, or associated
with.
(b) Practical Application: Unless you have a conflict you must
vote. You cannot abstain from a vote simply because you know one of the parties involved or
because you disagree with the issue before you. General rule: abstain if you have in the past, or
could in the future, benefit financially from your relationship with the matter or the parties
involved. If not, then you have to vote. If you abstain from any matter, you must do the
following:
1. disclose your interest to the Commission as soon as
you discover the conflict;
2. refrain from voting on the matter and
3. file the appropriate disclosure form as provided by
Chapter 112, Florida Statutes. The form should be available from the Clerk to the Commission.
(c) Importance: A violation of this act could subject you to a
noncriminal infraction, including a fine not to exceed $500.
5. Decorum.
(a) Avoid the Appearance of Impropriety: In all
Commission matters, it is essential that members utilize common sense and that you avoid
acting, reacting, making statements or commenting in any manner that may give the impression
that you are acting unfairly. Remember that it is important that fundamental fairness be afforded
to all parties that come before the Commission. One way to ensure fundamental fairness is to
limit comments, questions and discussion to the specific issues related to the matter before the
Commission.
(b) Practical Application: Very often, the Commission is
meeting as an impartial body to make a recommendation on a matter that involves a disputed
issue. As such, you should work to avoid all appearances of favoritism or support of either party
before you. Therefore, we suggest that when practical you should avoid speaking to the parties
and others during the hearings except to address issues before the Commission. Additionally,
you may want to consider avoiding the use of first names of the representatives when speaking to
them during the hearing. Finally, Commission members should avoid addressing issues that are
not directly related to the application before the Commission.
6. Parliamentary Procedure
(a) In General: The City Code provides that Roberts Rules
of Order should be utilized as much as possible to ensure that the meeting is handled
appropriately.
(b) Practical Application: Over the course of our involvement
with local government boards, we have noticed that the following areas could be better
addressed from a parliamentary procedural standpoint.
(1) Chairman Recognition to Speak. It is important that
all Commission members be recognized by the Chairman prior to speaking. As you know, the
meetings are electronically recorded and, sometimes there is a court reporter present. As a
result, the tape or record of the proceedings could be extremely difficult to understand if
members are talking over one another.
(2) Making of Motions. Sometimes, as a member is
making a motion, another Commission, the applicant, the City staff or an interested citizen will
interrupt the member to address a point in the motion. In all cases, the Chairman should request
that the member making the motion not be interrupted and that the matter not be discussed until
the motion has been seconded.
(3) Discussion of Motions. When a motion has
been made and seconded, it is subject to discussion among the Commission members and the
Commission's Legal Counsel, only. This means that the parties to the matter should not be
permitted, or, in most cases, requested, to participate.
Thank you for taking the time to review this memorandum, we hope that it has provided
you with information that will assist you as you serve the City of Clermont. As always, if you
have any questions, or wish to discuss any of these matters further, please do not hesitate to
contact me.
cc: Mayor and City Council Members
Darren Gray, City Manager
Scott Blankenship, Assistant City Manager
Barbara Hollerland, Planning & Zoning Director