O-468-M
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CITY OF CLERMONT
ORDINANCE
No, 468- M
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF
CLERMONT PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS
ACT OF 1985, CHAPTER 163, PART II, FLORIDA STATUTES; SETTING
FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE
AND INTENT OF THE SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL
STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the
City of Clermont on August 13, 1991, in accordance with the Local Government
Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida
Statutes; and
WHEREAS, the Comprehensive Plan of the City of Clermont may be amended
pursuant to Florida Statutes s, 163.3187; and
WHEREAS, the Planning and Zoning Commission and the City Council of the
City of Clermont have held public hearings on the proposed amendment to the plan in
light of written comments, proposals and objections from the general public;
NOW THEREFORE, be it resolved and enacted by the City of Clermont,
Florida that:
Section 1.
After public hearings held by the City of Clermont Local Planning Agency and the
Clermont City Council, the Future Land Use Map of the Comprehensive Plan of the City
of Clermont is hereby amended by changing the following described property as shown:
Lake Highlands Subdivision, Tract 10 N ofHWY 50 R/W
CHANGE IN FUTURE LAND USE CLASSIFICATION FROM RESIDENTIAL
PROFESSIONAL TO COMMERCIAL
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CITY OF CLERMONT
ORDINANCE
No, 468- M
Page 2
Section 2.
If any portion of this ordinance is declared invalid, the invalidated portion shall be
severed from the remainder of the ordinance, and the remainder of the ordinance shall
continue in full force and effect as if enacted without the invalidated portion, except in
cases where such continued validity of the remainder would clearly and without doubt
contradict or frustrate the intent of the ordinance as a whole,
Section 3.
All ordinances or parts of ordinances in conflict with any of the provisions of this
ordinance are hereby repealed,
Section 4.
This ordinance shall be published as provided by law and it shall become law and shall
take effect immediately upon it adoption hearing.
Adoption reading this 27th day of May 2003.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 27th DAY OF MAY 2003.
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Harold S, Turville, Jr" Mayor
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J~ph E, V
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CITY OF CLERMONT PLANNING & ZONING COMMISSION
MAY 6,2003
CLERMONT CITY COUNCIL
MAY 27, 2003
Small Scale Development Future Land Use Map Amendment
OWNER:
APPLICANT:
REQUESTED ACTION:
EXISTING ZONING:
SIZE OF PARCEL:
GENERAL LOCATION:
EXISTING LAND USE:
FUTURE LAND USE DISTRICT:
Mary B. Brasher
Mary B. Brasher
A request for a Small Scale Comprehensive Plan Map
Amendment to change the land use classification from
Residential! Professional to Commercial.
Urban Estate (UE), Low Density Residential
A concurrent request for General Commercial
7+!- acres
North of SR 50, East of Citrus Tower Blvd and West of N,
Hancock Road,S 28 Twp. 22S R. 26E
Vacant
Undeveloped District 5 (UD5)
FUTURE LAND USE CLASSIFICATION:
Residential! Professional
SURROUNDING LAND USE
NORTH: Vacant/Hospital
SOUTH: Automobile Dealership
EAST: Vacant
WEST: Vacant/grading site
ROAD CLASSIFICATION:
UTILITY AREA:
SITE UTILITIES:
SITE VISIT:
SIGNS POSTED:
ZONING
FUTURE LAND USE DISTRICT / CLASSIFICATION
PUD Undeveloped Oistrlct 5 (U05)/ Public Facilities
County Commerciat County Urban
e·2 Commercial Undeveloped District 2 (UD2)/Commercial
C-2 Commercial Undeveloped Districl2 (UD2)/Commercial
SR 50 - Arterial
City of Clermont, Utility Service Area
City of Clermont water and wastewater
April 18,2003
By applicant
1 of SSA2003-2
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ANALYSIS:
Requested is 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 50 and Citrus Tower Boulevard. The applicant is requesting the rezoning in order to allow commercial
uses on the site to serve surrounding residential and institutional needs.
The parcel was zoned C-2 'Community Commercial' by the lake County Board of County 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 (UD5) provides for commercial development for those properties along the planned reverse
frontage road. This parcel will provide a link in that access.
The applicant has expressed that she would not have annexed into the municipality had she known of the
default zoning as assigned in 1991.
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. Accordingly, the
applicant has submitted a Small Scale Comprehensive Plan Amendment to change the existing
Residential/Professional classification to the Commercial classification to be heard in conjunction with the
rezoning proposal. ,The requested change is not inconsistent with the City of Clermont's Comprehensive
Plan.
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 the 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 butter them from residential and open spaces.
2 of SSA2003-2
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Obieclive 3:
Policy 3-6: On-site traffic flow shall be controlled for safety, with appropriate marking,
and signage, while minimizing egress on to arterial roads, and providing frontage or reverse
roads as designated by directives of the transportation element.
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 units per acre.
FINDINGS:
Staff is able to support the requested small-scale amendment given that approval for commercial uses would
be compatible with surrounding land use classifications,
The proposed amendment will provide for orderly and logical development for the area,
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The development would need to comply with all Access Management provisions, and with the Florida
Department of Transportation's requirements. Cross-access easements and utilization of the reverse
frontage road with adjoining properties will be necessary to meet the objectives of the Access Management
Ordinance.
Terrain issues regarding the development of the site will be addressed at site plan review.
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3 of SSA2003-2
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AK# 1648190
BRASHER MARY B TRUSTEE
STR 28..22-26
RECOMMENDATION:
Staff recommends APPROVAL of the request for a Small Scale Development Map Amendment for
commercial uses as outlined in the attached Developer's Agreement.
WRITTEN COMMENTS FILED:
SUPPORT: -0-
OPPOSITION: -0-
PLANNING COMMISSION RECOMMENDATION:
FINAL ACTION CITY COUNCIL:
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
May 6, 2003
REQUEST FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT.
REQUEST FOR REZONING.
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: Residential/ 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
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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,
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David Pape made a motion to approve the request 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 Camargo
seconded the motion, The vote was unanimous in favor of the motion,
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Form 01
CITY OF CLERMONT
APPLICATION FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
Date: . t/ //g Iv 3
NameofPropertyowner:~d!.¿.7 Á _~~4~~/
Phone: .,3..J;;L ;:J 9~-- ~.....rÞ-Y
Address:¡:? /"x:Jo,~ 9,..:r;..-?/- C~/7~?/ ..3¿/:7/4.-
Name of Applicant: 7á WI- e....
Phone: FACSIMILE:
Address:
Address of subject property:
Please attach a Recorded Warranty Deed and Current Property Record Card,
Number of acres:
The proposed amendme.nt cannot involve parcels larger than ten (10) acres in size.
Does the proposed Amendment involve the same owner'~ ~operty within 200 feet of
property granted a change within the prior 12 months? IV 0
Number of any ~isting structures on the property and present use of the structures and
property IV 0 J1 -e.
Is the proposed amendment appliçable to the Green Swamp Area of Critical State
Concern? Yes No V
fJ 0 Directly related to a Development of Regional Impact (DRI) pursuant to
Chapter 380, Florida Statutes, including changes, which are determined to be
substantial deviations and Florida Quality Developments,
Y.e..S Directly related to proposed small-scale development activities pursuant to
Subsection 163,3187(1)(c), Florida Statutes.
Revised 04/2003
Page 1016
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Form 01
OWNER'S AFFIDAVIT
STATE OF FLORIDA)
COUNTY OF LAKE)
Before me, the undersigned authority personally appeared, who being by me first
duly sworn on oath, deposes and says:
1, That (he) ~is the fee-simple owner of the property legally described and
attached to this Application,
That (he) ~~esires a Future Land Use Map Amendment from /
7?e..;idoll'V-h.,,¡ p~t7f~~sJ{)i1A-1 to up-5 /!ÐÞ'>'IV"I-l!.ýdA.-,
for the prop legally described and attached to of this Application,
That the owner of said property has appointed to act
as agent in their behalf to accomplish the above,
2,
riÞ- 5
3,
The Owner is required to complete the APPLICANT'S AFFIDAVIT of this application if no
agent is appointed to act in his stead,
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Affiant (Owner's Signature)
State of Florida
County of Lake J[{~ /1
The foregoing instrument was acknowledged before me this. day of ¡1/::fJ¿
20-º.2.., by, whom I personally know or who had produced f'- j)þ. ;3 /;:;¡¿, bä ¿l'lN¿ C
, as identification and who did _ or did z:;t::not t:~? W~~y
. &ry Public (Si~t~:e)
(SEAL)
Print or Type Notary Name
Commission (seal) Number
.~ "M>;-Q..~~":
W:fi~ MYCOMMISsIQN'OOI50869
: : EXPIRES: September 18, 2006 '
. BorØd 11vu Nœry NIle lnIIfwrIIft I
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Revised 04/2003
Page 30f6
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Form 01
APPLICANT'S AFFIDAVIT
STATE OF FLORIDA)
COUNTY OF LAKE)
Before me, the undersigned authority personally appeared (fJA,f.1 ¡g. 1(Jf/1I/lt~ ,
who being by me first duly sworn on oath, deposes and says:
1,
That (he) (she) affirms and certifies that they understand and will comply with all
Ordinances, regulations and policies of Clermont, 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 Clermont, Florida, and are NOT
RETURNABLE,
That (he) ~2]Si. es a Future Land Use Map Amendment from I
72V5¿J-t~) 7i--cr!'"t!~>¡'VWl/J to LÁD~5 {lo"",-"",--ev¿!4...-
for the property gaily described and attached to this Application,
That the submittal requirements for the application. have been completed and
attached hereto as part of the ap~lic;!!On,' Þ"
, ./ß~~/ ~..kJ.. --~/.~./
Affiant (Applicant's Signature)
3,
State of Florida
County of Lake.. 'If
The foregoing instrument was acknowledged before me thïs'~ day of /Ü.f/L-
20 03, by ;J1A£c/ ß. ß;f AJfI£-R , who is personally known to me or who
had producedß, if¿ éJ ¿;;76 Sti',;Il¡,f'(i? 0 , as identification and who did <./'
or did not take an oath,
fit /)¡£~ø:;~~
o ry Public (Sigtat~re)
(SEAL)
Print or Type Notary Name
Commission (seal) Number
My Commission Expires:
I !\
, (D~ JANEC,MCN.USTER '
_ ¡ ~ ''t,). MY COMMISSION' 00 150869 '
:. , EXI'IRES: ~ 18, 2008
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Revised 04/2003
Page 4 of6
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Form 01
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Application Must Include The Followinq:
1, Include a summary of the proposed amendment and identify the proposed
uses(s):
2, Describe any changed conditions that would justify the proposed amendment:
3, Describe whether and how the proposed amendment is consistent with the
Comprehensive Plan
4, A survey showing the location of the site and surrounding land uses, the
boundary of the subject property and its location in relation to the surrounding
street and thoroughfare network. The size of the subject property in acres or
fractions thereof: Upland, Wetland,. conservation areas and water.
. 5, A map identifying the present land use designation(s) of the subject property
and abutting properties on the Future land Use Map.
6, Information regarding the compatibility of the proposed land use(s) with
existing land uses, including the natural environment.
7, Attach a description of the availability of and the demand on each of the
following public facilities; sanitary sewer, solid waste, drainage, potable water,
traffic circulation, and recreation, as appropriate.
8, Statement outlining how the proposed amendment will result in an orderly and
logical development pattern.
9, A Check or money order in the amount of $1500.00, legal advertisement fees
will be billed.
10, Thirty (30) copies of the submittal package.
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Revised 04/2003
Page 2of6
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Form 01
. CITY OF CLERMONT PLANNING DEPARTMENT
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
SUFFICIENCY CHECKLIST
1, The property owner's name, address, and telephone number;
2, The applicant's name, address, and telephone number;
3, Property record card; Recorded warranty deed;
4. Street address and legal description of property;
5. Owner's Affidavit;
6, Applicant's Affidavit;
7, Surrounding property owners list;
8, Application fee;
9, A statement describing any changed conditions that would justify and amendment;
10. A statement describing why there is a need for the proposed amendment;
11. A statement describing whether and how the proposed amendment is consistent with the
Comprehensive Plan;
12, A statement outlining the extent to which the .proposed amendment:
. a, Is compatible with existing land uses
b, Affects the capacities of public facilities and services
c. Affects the natural environment
d, Will result in an orderly and logical development pattem
13. The applicant shall include:
a, The current land use district classification and existing land use activities of the property
proposed to be reclassified
b, The area of the property proposed to be reclassified, stated in square feet or acres
14, Survey and map(s),
15, A determination that the request is exempt from statutory limitation of not more than two (2)
amendments per calendar year.
16, Such other information or documentation as the City may deem necessary or appropriate to
a full and proper consideration and disposition of the particular application:
17, The applicant shall post the property with signage as provided by the City
NOTE: A determination of sufficiency does not suggest support or denial of a proposal,
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Revised 04/2003
Page 5 of 6
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