O-380-M•
CITY OF CLERMONT
ORDINANCE
No. 380-M
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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 N0.289-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
That part of Section 22, Township 22 South, Range 26 East, Lake County,
Florida, lying within the following described property:
Commence at the southwest corner of said Section 22; thence N00°02' 14"W,
along the west line of said Section 22, a distance of 543.50 feet; thence depart said
section line, run S89°45'04"E 50.00 feet to the point of beginning; thence
S60°34'49"E 1217.39 feet; thence S20°10'01"E 1191.73 feet to a point on the
northerly right of way line of State Road No. 50; thence N89°45'04"W along said
right of way line 1445.71 feet to a point that is 85.00 feet east of the west line of
said Section 27; thence N00°29'01"E 85.00 feet from and parallel with said west
line 503.44 feet; thence N02°51'46"W, 599.35 feet; thence N00°25'58"E, 62.65
feet; thence N00°02'14"W, 543.65 feet to the point of beginning.
FROM RURAL RESIDENTIAL DISTRICT
TO C-2 GENERAL COMMERCIAL BUSINESS DISTRICT
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CITY OF CLERMONT
ORDINANCE
No. 380-M
Page-2-
SECTION 2:
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
First Reading this 11th day of May 1999.
Second Reading this 25th day of May, 1999.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 25th DAY OF MAY 1999.
HAROLD S. TURVII.LE, JR. Mayor
ATTEST:
EPH E. VA ,City Clerk
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CITY OF CLERMONT
REQUEST FOR REZONING
Page -1-
APPLICANT Attn: Doug Kelly, Miller-sellen PHONE # (407) 422-3330
ADDRESS 214 East Lucerne Circle, Orlando, FL 32801
OWNERChester Fosgate Co., Attn: D. CartePHONE # (407) 422-3144
ADDRESS P•o. Box 568821 Orlando, FL 32856-8821
LEGAL DESCRIPTION See Attachment for the Legal Description
APPROXIMATE ACREAGE 6.09 Acres
ZONING PRESENT Rural-Residential PROPOSED Commercial C-2
FILING INSTRUCTIONS
The application shall be filed in the office of the Planning & Zoning Department no
later than 5:00 p.m. on the 10th day of the month prior to the scheduled meeting of
the Plarnir~g & Zoning Commission (first -Tuesday of every month). The Planning &
Zoning Commission shall forward their recommendations to the City Council for its
considerations at a scheduled public hearing (fourth Tuesday of every month).
The applican'c shall furnish the following information to accompany this
appl9cation•
(1) Legal description of the property (as shown on an up-to-date s~roey: deed or
tax receipt).
(2; General property location (which would enable anyone reaso~~ably acquainT~~d
wit" the City to pinpoint it exactly).
(3) A plot plan on a sheet of paper at !east ~ 1/2" x 11" in size, drawn to scale and
including the following information:
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• •
REQUEST FOR REZONING
Page -2-
(a) Name, address and telephone number of the applicant.
(b) North arrow, date and scale.
9u~z.3 ~
(c) 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, etc.)
(5) Present zoning.
(6) Requested action (zoning district designation).
(~ Applicant's signature, if different from owner of record.
(8) Owner's signature (owner of record) unless a power of attorney or letter
authorizing the applicant to act as the duly authorized agent for the owner is
submitted with the application..
~3G
(9) Twenty-five (25) copies of the above information and twen~e-(~~
copies of this application.
FEES: ThrEe hundred fifty dollars ($350.00).
Applicant i~natur
Owners
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• •
JUSTIFICATION STATEMENT FOR
REZONING SKYTOP PARCEL 4A
The subject request consists of rezoning approximately 6.09 acres located on
North Hancock Road, approximately 1,100 feet north of State Road 50 from Rural
Residential (R-R) to Commercial (C-2). The subject pazcel does not have
frontage along State Road 50. However, as indicated on the attached survey, the
abutting .property, which is under the same ownership has approximately 1,445
feet of frontage along State Road 50 at the North Hancock intersection.
During the past several years, the character of the surrounding area, particularly
along the SR 50 corridor has changed significantly to warrant a new commercial
land use designation (which was approved in March) and a new zoning
classification consistent with the comprehensive plan designation for the site.
This is supported by recent development trends in the general vicinity such as the
relocation of South Lake Hospital, recent approval of the new Athletic Training
Facility and construction of Lake-Sumter Community College within the Skytop
development. In addition, new residential developments in close proximity could
add at least another 1,600 single-family residences during the next several years.
The density and intensity planned for the subject property would be compatible
with existing and proposed commercial developments in the vicinity of the
subject site and along the SR 50 corridor.
As of April 1, 1999, a development program for the subject property as well as
the property immediately to the south has not been established. An estimated
demand for public facilities based on the maximum buildout of the site (at a .18
FAR, per Policy 1-5 of the City of Clermont Comprehensive Plan) can be
prepared for the City's review. However, this information would not be accurate
since a specific user for the site has not been determined. A cursory review of the
impact of future development on the parcel indicates that sufficient water, sewer,
solid waste and drainage capacity exists to serve future development. There are
no impacts to recreation facilities since the proposed development is entirely
commercial in nature. The property owner is fully aware of his responsibility for
construction of all road, water, and sewer service improvements necessary to
accommodate the proposed development on .the property. We cleazly understand
that no final development order will be issued by the city until the proposed
development meets the city's concurrency requirements. Furthermore, we
understand that in the absence of a final development order or development
permit, no development of land would be authorized by the city until this
requirement is met.
The rezoning application is consistent on whole with the Comprehensive Plan
Future Land Use Element and the corresponding policies that guide development
in Clermont. Rezoning the subject property to Commercial would fiuther the
intent of the City's Comprehensive Plan by directing land use intensities toward
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MILLER SELLEN CONNER & WALSH
• •
the most appropriate areas along the SR 50 corridor. Specifically, rezoning this
property would further the intent of the Future Land Use Element Policy 2-2
regarding concentration of growth and Policy 2-9 regarding provision of central
services and Policy 2-17, 2-18 and 2-19 concerning location requirements. The
rezoning would be consistent and compatible with the property's cun:ent
commercial land use designation and the adjacent future land use designations.
Approval of this request will eventually provide convenient neighborhood and
community retail services for residents of the azea while encouraging commercial
uses along collector and arterial roads.
Rezoning this property to C-2 would be compatible with the chazacter of the
adjacent land uses particulazly as noted above by the significant changes that have
occurred in the azea. Furthermore, this request would be compatible with the
existing land use pattern along State Road 50 in the vicinity of the subject site and
with future development trends associated with the overall plan for the SkyTop
property. The commercial zoning classification for the subject properties will
provide a logical transition of land uses between U.S. Highway 27 and the subject
site. In addition, the recent approved commercial land use change on the property
furthers the intent of the Clermont Comprehensive Plan by directing commercial
land use intensities towazd the most appropriate areas particulazly the commercial
nodes located at the intersections of SR 50 and North Hancock Road and SR 50
and East Jack's Lake Road.
The proposed uses are compatible with adjacent uses and the existing natural
environment due to our commitment to strict compliance with the City's Land
Development Code. Furthermore, the commercial tracts will not encroach into
established or future residential azeas.
There are no floodprone areas or wetlands within the subject site. The pazcel
when developed will accommodate commercial uses in compliance with the city,
county and state code provisions.
Based on the information provided we feel that the subject property meets the ,
criteria for changing the zoning to Commercial (C-2). In addition, the property is
in an area that is rapidly changing in chazacter from rural residential to more
intense urban. Therefore, based on the above findings of fact, Miller-Sellen
Associates respectfully request approval of this request for rezoning.
~, .
MILLER SELLEN CONNER & WALSH
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