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O-399-M
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CITY OF CLERMONT
ORDINANCE
No. 399-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 Clennont, Lake County, Florida hereby ordains that:
SECTION 1:
The official Zoning Map of the City of Clennont, 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
Tract 5 in Section 32, Township 22 South, Range 26 East, as represented on Map
of said Section made by the Lake Highlands Company of Florida.
FROM UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT
TO C·! LIGHT 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All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.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 section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire section or part of the section may be inseparable in meaning
and effect from the section to which such holding shall apply.
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CITY OF CLERMONT
ORDINANCE
No. 399-M
Page - 2 -
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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 11th day of July, 2000.
Second Reading this 25th day of July, 2000.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 25th DA Y OF JULY, 2000.
ill S. TURVILLE, JR. Mayor
ATTEST:
JOSEPH E. VAN ZILE, City Clerk
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MEMORANDUM
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DATE:
TO:
FROM:
RE:
June 30, 2000
Planning and Zoning Commission
Barry Brown, Director of Planning
July 5, 2000 P&Z Meeting
1. REZONING
APPLICANT: KMH General Partnership, Kathy Hillary
OWNER: KMH General Partnership
LOCATION: Tract #5 of Section 32, Township 22, Range 26. Generally located
east of U.S. 27 and south of Steves Road.
SIZE OF PARCEL: 10+/- acres.
REQUEST: To rezone the property from UE Residential to C-1 Commercial.
EXISTING LAND USE: Vacant.
FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). This is an
allowed zoning in UD-2.
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FUTURE LAND USE CLASSIFICATION: Commercial.
EXISTING ZONING: UE Residential.
STAFF RECOMMENDATION: The land use classification for Tract #5 was
changed from residential to commercial through a small scale comprehensive
plan amendment. The amendment was adopted as Ordinance No. 371-M on
October 27, 1998. An application for rezoning was submitted to the City, but for
reasons unknown, the concomitant rezoning from UE residential to C-1
commercial was never processed. The applicant has requested that we
complete the change in use by rezoning the property to match the overlying
commercial land use designation. The property has the proper land use
designations and it is clear the intent of the Council at the time of the comp plan
amendment was for this property to be commercially zoned, therefore, staff
recommends approval of the requested rezoning.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION
July 5, 2000
The meeting of the Planning & Zoning Commission was called to order Wednesday,
July 5,2000 at 7:00 P.M., by Chairman Elaine Renick. Members present were Charles
Forth, Bill Rauch, John Atwater, Frank Caputo, and Richard Tegen. Misty O"Bar,
Wanda Andrews, and Garrett Paquette were absent. Also in attendance were Barry
Brown, Director of Planning, Mimi Ogden, Planner I, Robert Guthrie, City Attorney, and
Jane McAllister, Planning Technician 2.
MINUTES of the Planning and Zoning Commission meeting held June 6, 2000 were
approved as presented.
1. REZONING
APPLICANT: KMH General Partnership, Kathy Hillary
OWNER: KMH General Partnership
REQUEST: To rezone the property from UE Urban Estate Low Density to C-1
Commercial.
LOCATION: Tract #5 of Section 32, Township 22, Range 26. Generally located east of
U.S. 27 and south of Steve's Road.
EXISTING LAND USE: Vacant.
FUTURE LAND USE DISTRICT: Undeveloped District - 2 (UD-2). This is an allowed
zoning in UD-2.
FUTURE LAND USE CLASSIFICATION: Commercial
EXISTING ZONING: R-1 Residential
SIZE OF PARCEL: 10+/- acres.
Planning Director Barry Brown gave a summary of the Rezoning stating that the land
use classification for Tract #5 was changed from residential to commercial through a
small scale comprehensive plan amendment. The amendment was adopted as
Ordinance No. 371-M on October 27,1998. An application for rezoning was submitted
to the City, but for reasons unknown, the concomitant rezoning from UE Urban Estate
Low Density to C-1 commercial was never processed. The applicant has requested that
we complete the change in use by rezoning the property to match the overlying
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commercial land use designation. The property has the proper land use designations
and it is clear the intent of the Council at the time of the comp plan amendment was for
this property to be commercially zoned. Staff recommends approval of the requested
rezoning.
Elaine Renick asked if there was anyone present who wished to speak for or against
this Rezoning. There was no response so Ms. Renick turned the matter over to the
Commission for discussion.
Richard Tegen inquired about a small house located just east of The Pit Stop and
wanted to know if it was on the property in question and how it might be affected by the
rezoning.
Barry Brown stated that the house in question was on the adjacent tract.
Elaine Renick stated that anything the Commission might find objectionable would have
to have a CUP and could be dealt with at that time.
A motion was made bv Richard TeQan to approve the rezoning. Frank Caputo seconded
the motion and the vote was unanimous in favor of approval.
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CITY OF CLERMONT
REQUEST FO~ REZONING
DATE: June 13. 7000
..-APPLICANT KMH GENERAL PARTNERSHIP
PHONE# (352) 243-2110
~AX (407) 905-0566 ADDRESS 659 W. Juniata Avenue, Clermont,
Florida 34711
~VVNER KMH GENERAL PARTNERSHIP
PHONE# (352) 243-2110
..,ÆAX .(407) 905-0566 ADDRESS fi'iQ W .Tnnbtõ> IIV').IHIQ, Clormont,
Florida- 34711
LEGAL DESCRIPTION
Tract 5 of Lake Hiqhlands Co., Sec. 32, Two
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22, Rng 26
APPROXIMATE ACREAGE 10+ 1-
ZONING PRESENT UE
PROPOSED C-1
FILING INSTRUCTIONS
My person requesting a Rezoning shall file a comDlet! application and pay a fee as
established by resolution of the City Counçil in the office of the Director of Planning on
or before the 1 II day of the Month; Comorete applications may then be scheduled for
Public HearJngs on the 111 and 4" Tuesday of the following month for the Planning and
Zoning Commission and the City Council respectively. All applications must be
comolete. 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 Of more City Council Workshop(s) may also be necessary an~
additional time may be required prior to being scheduled for public hearings.
The aøøllcant shall furnish the followlna Information to accomøanv this
aøøllcation:
ò 6-1 3-212100 1 2 : 54PM FROM
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(1) Legal description of the property (as shown on an ·up..l.o-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 infonnation:
(a) Name, address and telephone .number of the appllcanl
(b) North arrow, date and scale.
(c) Property lines, existing structl:ll'8S, 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 88 wall 8S
estimate of physical features -1/3 swamp, 1/2 groves, etc.)
(5) Present zoning.
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(6) Requested action (zoning district designation).
. (7) Applicanfs signature, if different from owner of record.
(8) Owner's signature (owner of record) unless a power of attcmey 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 Infonnation,
(10) Thirty (30) copies of this application,
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AppIICanJ' S9flißUf8 U
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owners Slgnat~e ~ OWners Name (please print)
........·-NOTlCE··.......·
KMH GENERAL PARTNERSHIP
Applicants Name (please print)
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IF THIS APPUCATlON IS SUBMITTED INCOMPLETE OR INACCURATE IT WILL BE
SUBJECT TO A DELAY IN PROCESSING AND WILL NOT BE SCHEDULED UNTIL
SUCH CORRECTIONS ARE MADE.
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