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O-469-M J; ;.-~. '. ,.' . , · · · . . CITY OF CLERMONT ORDINANCE No, 469-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1: The official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 of Ordinance No, 289-C, Code of Ordinances, is hereby amended by rezoning the following described property as shown: LEGAL DESCRIPTION Lot 10 Lake Highlands subdivision in Section 28, Township 22 South, Range 26 East, Lake County, Florida FROM UE URBAN ESTATE TO C-2 COMMERCIAL DISTRICT SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed, SECTION 3: Should any section or part of this s~ction be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to ör affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. . ~ . · · · . . CITY OF CLERMONT ORDINANCE No, 469-M Page-2- SECTION 4: This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage, First Reading this 13th day of May 2003. Second Reading this 27th day of May 2003 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA TIDS 27th DAY OF MAY 2003. 1IAROLD S, TURVILLE, JR, Mayor A ITEST: r , City Clerk <. . · . .. · · · " & OWNER: REPRESENTATIVE: REQUESTED ACTION: EXISTING ZONING: SIZE OF PARCEL: GENERAL LOCATION: EXISTING LAND USE: FUTURE LAND USE DISTRICT: . . CITY OF CLERMONT PLANNING & ZONING COMMISSION MAY 6,2003 CLERMONT CITY COUNCIL MAY 27, 2003 Mary B. Brasher Mary B, Brasher A request for rezoning from UE (Urban Estate) to C-2 General (Commercial) to allow for retail and commercial uses servicing the communities needs. Staff is recommending a Developer's Agreement be approved concurrently, Urban Estate (UE), Low Density Residential 7 +!- acres North of 5R 50, East of Citrus Tower Blvd and West of N. Hancock Road. Section 28 Twp. 225 Range. 26E Vacant Undeveloped District 5 (UD5) FUTURE LAND USE CLASSIFICATION: SURROUNDING LAND USE NORTH: Vacant/Hospital SOUTH: Automobile Dealership EAST: Vacant WEST: VacanUgrading site ROAD CLASSIFICATION: UTILITY AREA: SITE UTILITIES: SITE VISIT: SIGNS POSTED: Residential! Professional ZONING FUTURE LAND USE DISTRICT I CLASSIFICATION PUD Undeveloped District 5 (UD5)/ Public Facilities County Commercial County Urban C-2 Commercial Undeveloped District 2 (UD2)/Commercial C-2 Commercial Undeveloped District 2 (UD2)/Commercial 5R 50 - Arterial City of Clermont, Utility Service Area City of Clermont water and wastewater 04,18,03 By applicant. 1 of BRASHER REZONING €~ , . .' · · · . . ANALYSIS: The applicant requests a rezoning from Urban Estate (UE) to C2 (General Commercial) zoning to allow for future retail and commercial uses on a 7 +1- acre parcel. The parcel was granted C-2 Community Commercial zoning by the lake County Board of County Commissioners in 1986, The City annexed the parcel in 1990. In 1991 the property received a Residentiall Professional classification in the Undeveloped Future land Use District (UD-5). The requested change of zoning designation is neither premature nor inconsistent with the City of Clermont's Comprehensive Plan. The applicant has expressed to staff that she would not have annexed into the municipality had she known of the default zoning that occurred in 1991 with the adoption of the comprehensive plan. There is a mixture of commercial and institutional uses in the vicinity of the subject property, The subject property is surrounded on 3 sides by the municipal limits of the City of Clermont. A retail pharmacy is approved for development to the west. The Citrus Tower Boulevard intersection is located approximately one-eighth (1/8) mile to the west; the Hancock Road intersection is located three-quarter (3/4) of a mile to the east. COMPREHENSIVE PLAN POLICIES: Future land Use, Obiective 2: Policy 2-2 Concentrate high density and intensity growth in and around areas which are adequately served by transportation facilities, public utilities, and community services and facilities. Policy 2-14. promote development of commercial areas which are convenient to the public, and well integrated into the transportation system and surrounding land uses. Policy 2-15: Commercial activities shall be guided to designated commercial areas and nodes through Ihe use of proper zoning designations which are appropriate to the intensity and type of use to be permitted, "and pursuant to directives of the Future land Use Element. Policy 2-19: Concentrate high intensity (C-2 zoning uses) commercial activities in commercial nodes and buffer them from residential and open spaces, ObJective 3: Policy 3-6: On-site traffic flow shall be controlled for safety, with appropriate marking, and sign age, while minimizing egress on to arterial roads, and providing frontage or reverse roads as designated by directives of the transportation element. 2 of BRASHER REZONING . ¡ . " · · · . . Appendix C: The Undeveloped District (UD) is defined as: A contiguous area of major undeveloped lands that have the potential for a variety of land uses resulting from such factors as zoning, market desirability, land values, proximity to major thoroughfares and physical site conditions. Criteria established for this district provide for the following allowable land uses: professional office, commercial, multi-family and townhouse development not to exceed 8 units per acre. Undeveloped District 5 (UD-5), as found in Appendix C of the Comprehensive Plan, states that: Property designated UD-5 located north of Highway 50, lying between Citrus Tower Boulevard, the commercial node at Hancock Road, and the planned frontage/reverse frontage road should be allowed professional office, commercial, multi-family and townhouse development not to exceed 8 uniis per acre, Zoninq District Desiqnations: The C-2 district is intended for full-scale retail sales and service needs of the community. A site plan is required for uses in the C-2 district and must be approved by the city staff. No conditional uses as enumerated in the code are anticipated at this site. ENVIRONMENT: The site is vacant with some vegetation. An environmental assessment of the parcel will be required prior to additional development approvals. There are terrain issues that will be addressed during site plan review, FINDINGS: When considering a proposed rezoning the planning and zoning commission and the city council shall consider the following criteria: a. Whether justified by changed or changing conditions, Annexations and subsequent development have intensified the character of the area. With this intensification, the impact caused by overall development of the SR 50 corridor will have regional implications regarding traffic impacts, but will also create employment and service opportunities. b. Whether adequate sites a/ready exist for the proposed district uses. A market study has not been presented to city staff to document the need for commercial acreage, However, according to the Bureau of Economic and Business Research (BEBR) the 2002 population estimate for the City of Clermont was 13,718. This growing population creates a greater demand for retail sales and services for the community. 3 of BRASHER REZONING ; ¡ . 'õ, , ' · · · . . c. Whether specific requirements of the land development code are adequate to ensure compatibility with adjoining properties as required by the comprehensive plan. The proposed rezoning meets the intent, and is consistent with, applicable sections of the Land Development Regulations. The proposed rezoning is generally consistent with the Comprehensive Plan and compatible with the intent of applicable policies, The Developer's Agreement provides surety as to the allowed uses. " " , " \11, ".;¡ ;!b..,~~" i~ rIm "r' II ., ¡Ii!: ':~ :~'~,i"!:¡; ". ' J! ,; ;. ' , . ~ ~ I.... ~, r-' , \ .~:' " , ' .'" ; " f' '1',1 ;~. ¡ . . " \:,,;';:~~", " , , ',"'.t ,/:",:<'-- - ,'r T" . t \. /, "1..1' "I" .' r ~ ~ I . . I I I . I:"-,J? I " ,\.J"~ C-:' ~ ,,';;"! : ~~'J'I. '_'.)[-"...__1, It-, j' ¡ ,,--:<1 - I "~lrri~' = ,~-.. ~ ' ;"; , . ii, -¡'h,.,,, ,I ". I!-~. ,'-"'~' '" --'~ ~ 1_ - .. - <;;¡.:: itc'<...L :l._ .. oq-"'1fY", - lí--" I . !!If~; -:l.k} -, ' I: \ -:,.;,' :/'= ·I,·j! J! ':1 'I' c- -, :.L~ !'I'!' I' . '\"r .~~~ ~;,~ ~~:"._ _J~~~:~:;.. I !~i r~:~r _ ~ ~~!" ~;, ¡ J '~ .., ',j ~ .:~.~,..~,~. . _:;;:;; __.'¡ "oj r ' _ il... ." ~H<~"~/\':\" ..it:, ___;~ ~ .' T' - .~~ ~,¡: ":'IBr~~;,j~~§8~C ":-'!r:::;'~,'-; -- ,. ,.' ~ !IL ,.. .;;,:~~.'t;;'._ i.. " ", .Ii . r- L"..J.,..,-_-. ¡If ii' "':1.1'" "I~'"=~'~' '~~ ,; " I i ,:iÆ~ . -_..~~ i \', "~:';':"I'L:"'; 'j II 'I I JW"'11' : .,1 . " t!:.:.::L..JL......:è.2jL ' , i~f· ' " i '. "llr]" f' ... " :r;-l:-¡-::'---·-I-I···' 'C'-~ -..' ,-'! - "";' " ; I I ' . .'" III - I ~ I· .' ,I . ._-:, .' I 1 ~' .1,' .~.~___.. 1 1 ' , .. -....-x.~. .. . I , . . , ,.. . . ,; J. _. .~__'m.._~.__ ;.: ::' " 11:-.11 ;,.-~-' , ,. AK# 1648190 BRASHER MARY B TRUSTEE ,?)~.) r ," lli?~kf¡jri N,~~gcdÌÌuLl :t~~~0"C(h1fii , '~OÐÌ1oÐn ~J:;:J" ;1 ~r ~. J._. ¡; ì¡ Ij .~~ " I' ,I I I ! .:__J I. --,------,:.:I'~ . . -- II I;! ·r' /,' ,LJ J~ _ ,..I ~"'-- . :~ '''-';C, ""-~..:.;¡ .,.~~~ :.:. ;.'l,cl1ïUi;'~ ,,\\ ,. 'í 1.1' STR 28-22-26 RECOMMENDATION: Staff recommends APPROVAL of the request for rezoning from Urban Estate (UE) Low Density Residential to General Commercial District (C-2) with a Developer's Agreement. COMMENTS FILED: -0- SUPPORT: -0- OPPOSITION. -0- PLANNING COMMISSION RECOMMENDATION. FINAL ACTION CLERMONT CITY COUNCIL: 4 of BRASHER REZONING t'!.: ~r (--'- ;: . . · CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION May 6, 2003 REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT. REQUEST FOR REZONING. 1. 2. APPLICANT: Mary B, Brasher OWNER: Mary B, Brasher REQUEST: 1. To change the land use classification from Residential/Professional to Commercial. 2. To change zoning from UE (Urban Estate) to C-2 (Commercial), LOCATION: North of SR 50, East of Citrus Tower Blvd and West of N, Hancock Road, EXISTING LAND USE: Vacant. FUTURE LAND USE DISTRICT: Undeveloped District 5 (UD-5), FUTURE LAND USE CLASSIFICATION: ResidentiaV Professional · EXISTING ZONING: Urban Estate (UE), Low Density Residential. Planning Director Barry Brown introduced this request by saying that the applicant is requesting a Small Scale Amendment to the Future Land Use Map to change the existing land use classification from Residential/Professional to Commercial. The applicant is requesting this change in land use classification in conjunction with a rezoning, The requested rezoning is from UE (Urban Estate) zoning district to the C-2 (General Commercial) zoning district. The site abuts State Road 50 near the intersection of State Road 50 and Citrus Tower Blvd, The applicant is requesting the rezoning in order to allow commercial uses on the site to serve the surrounding residential and institutional needs, The parcel was zoned C-2 "Community Commercial" by the Lake County Board of Commissioners in 1986, The City annexed the parcel in 1990, In 1991, upon adoption of the Future Land Use Map, the parcel was assigned a UD-5 Land Use District and Residential/Professional classification, The Undeveloped District 5 (UD-5) allows for commercial development for those properties between State Road 50 and the planned reverse frontage road, The requested amendment is necessitated because the site is currently zoned for low- density residential development. The subject parcel is not suitable for low-density · . ~ ~ "\ . ~ - .- · · · . residential development. The requested change is not inconsistent with the City of Clermont's Comprehensive Plan, Staff supports the requested small scale amendment and the rezoning given that approval for commercial uses would be compatible with surrounding land use classifications and zoning, Barry Brown also stated that there would be a Developer's Agreement associated with this parcel that will indicate the fact that the owner is obligated to dedicate a 40 foot right of way for the frontage road that will run along the north side of this property, it will call for cross access to the property to the west. Mr, Brown indicated that it might not be necessary for Mrs, Brasher to dedicate the 40 foot right of way for the frontage road because South Lake Hospital may already have dedicated enough right of way for the road, The agreement will also address some uses that will not be allowed on the property such as automotive sales or repair, residential storage units, convenience store and gas station, Richard Tegen asked if the applicant would like to address the Commission, Mary B, Brasher, 13410 South CR 561, Clermont, FL was sworn in and said that her property was granted commercial status by the County and she didn't realize that status changed when she annexed into the City. She asked the Commission to vote in favor of allowing her property to once again be granted commercial status, Richard Tegen asked if there was anyone in the audience who wished to speak regarding this request. There was no one, He then asked if the Commission had any questions, . David Pape made a motion to approve the reauest for a Small Scale Comprehensive Plan Amendment. Sv Holzman seconded the motion. The vote was unanimous in favor of the motion, David Pape made a motion to approve the request for RezoninQ, Ronaldo CamarQo seconded the motion, The vote was unanimous in favor of the motion. , (;.-- . . . .. ., . . ~:!:,,~ CITY OF CLERMONT REQUEST FOR REZONING DATE: 1- f B / t? 3 w) f\ 'VEl/ELOpeR's ~l5\lEE.Þ\EtJT APPLlcANT/VIanl 3, 13ýtt;.5l1-t..v PHONE# 3'11-?3~+ FAX ADDRESS --pO, 73/)1 93 z.. CÙ'---~P..AI Pi.- ?f7JZ- OWNER /Jl/!~y 13 Øffi1.tff(/( ADDRESS ¡1 (/, 4(,1)( FAX PHONE#J91-6-.?&? '/ 93 é2. LEGAL DESCRIPTION 1írI1Cï It) /¡U .Sf,6TJ()¡U §f;"""i"õw;V..fH¡¡O ¿);J J~UítlJ ß,;VCt; ,;Jt t/?./T ZONING PRESENT FILING INSTRUCTIONS LJE" APPROXIMATE ACREAGE , PROPOSED C - Z 7.3 ¡;) / D· ¡:; , Any person requesting a Rezoning shall file a complete application and pay a fee as established by resolution of the City Council in the offica of the Director of Planning on or before the 111 day of the Month; Complete applications may then be acheduled for Public Hearings on the 1 II and 4th Tuesday of the following month for the Planning and Zoning Commission and the City Council respectively. All applications must be complete, to include applicable site plans and/or other pertinent descriptive materials in order to be processed, A pre-application meeting may be required prior to submission of an application, Dependent upon the scope and/or magnitude of a particular project, scheduling of one or more City Council Workshop(s) may also be necassary and additional time may be required prior to being scheduled for public hearings, .. The applicant shall furnish the followina Information to accompany this application: ..., - ~- I """'. I - ') - .. "'''-1 .; ~ ^ ~ . " . . . ' (1) Legal description of the property (as shown on an up-to-date survey, deed or tax receipt), · (2) General property location (which would enable anyone reasonably acquainted with the City to pinpoint it exactly), (3) A plot plan on a sheet of paper at least 81/2" x 11" in size, drawn to scale and including the following information: (a) Name, address and telephone number of the applicant. (b) North arrow, date and scale. (e) Property lines, existing structures, proposed structures and contiguous streets, (d) A short description of proposed structural usage. (e) A topographical map with five (5) foot contour lines (if deemed necessary for clarification purposes by City staff). (4) Approximate acreage (estimate of number of acres in property as well as estimate of physical features -1/3 swamp, 1/2 groves, ete,) (5) Present zoning, (6) Requested action (zoning district designation), · (7) Applicant's signature, if different from owner of record. (8) Owner's signature (owner of record) unless a power of attomey or letter authorizing the applicant to act as the duly authorized agent for the owner is submitted with the application. (9) Thirty (30) copies of the above Infonnatlon. (10) Thirty (30) copies of this application. FEES: Three hundred fifty dollars ($350.00). ./ /&:..;~-:;;? ,A" ¿~ø £./ .¿.....-- ---- ~~ts ~nature L-/ ¿----/~ Owners SignatCJre (J1;U'f ¡Ø, J!,f/1111£¡( Applicants Name (please print) ¡1tf¡(~/ IØ, ø¡fí¡S HE ~ Ownerš Name (please print) .......... NOTiCE·....·..·· Q IF THIS APPLICATION IS SUBMITTED INCOMPLETE OR INACCURATE IT WILL BE SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL · SUCH CORRECTIONS ARE MADE. 39 38 . 37 36 35 42 43 OAKLEY SEAVER OR VE [ ( STATE ROAD 50 ,. / / / / / 20 19 '''. !Ir:',., ·:~iI ~. / / . .sO ~ ¡/EÝ Po.€. /lIARY ft/¿pðP/Y#RO / oesc.eJPT/¿!/Ý.' ¿ð7" /¿J", ¿"4,,,r"<!!F #/6#.::::...4#05 ,s-V40/Ý/S'/O'/\/ //1/ Se-c... /")'ð/V ZS" TÞVP Z'?.5"." L?AJ/V&6f" ë:'6 e: '" ¿'A~aF, Cðc./A/7YJ .r-C-<::J.E'/£>-"9 / / /1 AI. 89- e 3 '06" ¿r. ~¿;.!f:~/ -- fì ........ /' ,-. I).. 'i ~ ~ / , ~ / K ~ ~ ~ ~ ~ \ ~ ~ 1~ . . 0- , , I ~ I I ~ ~ ~ Ç) ~ \;¡ ~ N 7.3/7 ~~. 11\ \¡ ~ ~ ~ '> ~ /' -c ~ S7"?PT4' "H ~K N. B9"S'7'S7"ð t!?¿J _v.....P. <::.04.' 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