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O-398-M 1 .~ i' t ;:.... ; , t t CITY OF CLERMONT ORDINANCE No. 398-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 PUBLICA TION. 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 Orqinances, is hereby amended by rezoning the following described property as shown: LEGAL DESCRIPTION Tract 8 in Section 20, Township 22 South, Range 26 East, as represented on Map of said Section made by the Lake Highlands Company of Florida, duly recorded in Plat Book 3 Page 30 of the Public Records of Lake County, Florida, excepting and reserving a strip of ground 15 feet wide comprising one-half of any roadway adjacent to said premises, as shown by said map. AND that fractional part ofthe Northeast comer of Tract I, Section 19, Township 22 South, Range 26 East, beginning at a point on the northeast side of the hard surface County highway, 15 feet South of the section line between Sections 19 and 18, and running East 308 feet to the Section line between Sections 19 and 20, . in Township 22 South, Range 26 East, thence South 464 feet to the East line of hard surface highway; thence in a Northwesterly course along the highway right- of-way on the curve of 11015', a distance of 574.6 feet to the point of beginning, containing .74 acres, more or less, said Tract 1 being represented on map of said Section 19 made by Lake Highlands Co., of Florida and recorded in Public Records of Lake County, Florida. FROM R-I-A SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICT TO R·3 RESIDENTIALIPROFESSIONAL DISTRICT , j ~.~~.. .... . ~ , - , . CITY OF CLERMONT ORDINANCE No. 398-M Page - 2 - SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.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. 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 DAY OF JULY, 2000. OLD S. TURVILLE, JR. Mayor ATTEST: JOSEPH E. VAN ZILE, City Clerk · · · . . MEMORANDUM DATE: TO: FROM: RE: June 30, 2000 Planning and Zoning Commission Barry Brown, Director of Planning July 5, 2000 P&Z Meeting 3. REZONING APPLICANT: Church of Nazarene OWNER: Church of Nazarene LOCA TION: 101 Grand Highway. On the southeast corner of Citrus Tower Blvd. and Grand Highway. REQUEST: To rezone property from R-I-A to R-3 in order to operate a weekday school for children grades K-12. EXISTING LAND USE: Church campus. FUTURE LAND USE DISTRICT: Undeveloped District - 5 (UD-5). Churches and schools are allowed uses in 00-5. FUTURE LAND USE CLASSIFICATION: Public FacilitieslInstitutional. Churches and schools are allowed uses in this classification. EXISTING ZONING: R-I-A, Single family low density residential district. Schools are not allowed in R-I-A zoning. STAFF RECOMMENDA TION: The applicant is proposing to operate a school for children grades K-12. -Schools are not allowed in the current zoning district R-I-A, therefore, the church is requesting a rezoning to R-3 which allows schools with a CUP. A school is an appropriate use at this location and the property has the proper land use designations. Staff recommends approval of the rezoning. r...... '; .~ c \: · · · . . CITY OF CLERMONT MINUTES PLANNING AND ZONING COMMISSION July 5, 2000 Planning Director Barry Brown announced that the next two items on the agenda, a conditional use permit and a rezoning, were related to the same property. 1. REQUEST FOR A CONDITIONAL USE PERMIT 2. REZONING APPLICANT: Church of the Nazarene OWNER: Church of the Nazarene LOCATION: 101 Grand Highway. On the southeast corner of Citrus Tower Blvd. and Grand Highway. REQUEST: To amend an existing Conditional Use Permit, Resolution #990, To allow for the operation of a weekday school for children grades K-12. EXISTING LAND USE: Church campus. FUTURE LAND USE DISTRICT: Undeveloped District- 5 (UD-5). This is an allowed use in UD-5. FUTURE LAND USE CLASSIFICATION: Institutional. This is an allowed use in the Institutional classification. EXISTING ZONING: R-1-A, Single family low density residential district. Schools are not allowed in R-1-A zoning. Planning Director Barry Brown introduced this amendment to a Conditional Use Permit and Rezoning by stating that the applicant is proposing to operate a school for children grades K-12: The school will use existing church facilities with no structural changes at this time. The church recently added a fellowship hall and in the process brought the property up to current city code. There is good access to the site for student drop-off and pick-up and there is adequate parking for the school use. The church has dedicated right-of-way for the realignment of Grand Highway as it intersects with Citrus Tower Blvd. Completion of realignment will enhance access to the site. The requested use is an appropriate use for the area and is in accordance with land use designations. Therefore, staff recommends approval of both the Conditional Use Permit and the Rezoning. ~ ir~, .~. . ~ .. .-,,, · · · . . Elaine Renick asked if there was anyone present who wished to speak for or against this CUP and Rezoning. There was no response so Ms. Renick turned the matter over to the Commission for discussion. Ms. Renick stated she was under the impression that this issue had been settled when the Church came before the Commission at an earlier date. She stated that she is of the opinion that this is a good location for a school. Richard Tegen expressed his agreement with Ms. Renick. Bill Rauch asked what would happen if the church decided to expand further. Barry Brown replied that the church does have 10 acres and if they decide to expand further they would have to come before the Commission again for a CUP. A motion was made by Frank Caputo to approve the RezoninQ. The motion was seconded by Richard TeQen and approved by a unanimous vote. A motion was made by Bill Rouch to approve the Conditional Use Permit. The motion was seconded by John Atwater and approved by a unanimous vote. ~. · · · . ,', .~ .-~' ~~~~~~ CITY OF CLERMONT REQUEST FOR REZONING DATE: Jiiiie 13, 2000 APPLICANT Church ofthe Nazarene PHONE# 394-4715 FAX 394-8817 ADDRESS 1 01 Grand HIghway Clermont, FL 34711 OWNER same PHONE# FAX ADDRESS same LEGAL DESCRIPTION see attached APPROXIMATE ACREAGE 9.3+/- ZONING PRESENT FILING INSTRUCTIONS R-3 R-1~A PROPOSED Any person requesting a Rezoning shall file a comclete 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; Comclete applications may then be scheduled for Public Hearings on the 111 and 4th Tuesday of the following month for the Planning and Zoning Commission and the City Council respectively. All applications must be comclete. to include applicable site plans and/or other partinent 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 necessary and additional time may be required prior to being scheduled for public hearings. The applicant shall furnish the followlnQ Infonnatlon to accompany this application: ...- . . . '. 06/13/2000 13: 41 35239488}""' . 6-13-;ææ 2,S'1ÞM me' .-' PAGE 03 P.3 (1) Legal descr!ptionafthepop..ty(alhowrlon... ~ survey, detd ortaK receipt). (2) General property location (whlc:t\ wouIcI8NIbIe enyone reuonIIÞIy acquainted with \he City to pinpoint It aICtIy). (3) ApIoI p.non. eheetGfPl : erIlt leate 11Z" ( 11"1n eO, chwnto ICIIIe end including the foI~ infonnItIOrt. (e) "111M, ~... end tell )f1oIlel1Ul'llber Of OW appIicØ. (b) North IIROW', dIIte III1d ... (c) Prapefty 1i1M, e.datá", ~, fNOi )CI11 cI eINCIUr'n tnS ccntIguous It,... (d) A 8I'IOIt deIGipUan of IRIpa~ etrudunII ueao-. (.) A topographIcet IIIIIIp with five (0) foot CIIr1IN lines (if clu.'*, necuIay for dafirlWllon PIQIOH j br Cltylltllll'). (4) Appn»dmat. IcnIIQØ (ealio,. ofnutlberOføetln PfGS*\Y" well.. ..um.t. of phyIIcal fAbns -113 IW8IIIP, 1fl Øf'CMII. eCo.) (5) Pment zoning. (8) Requøtecl 8Ction (mnIng dlltrid designation) (7) ~.IIgnaIIn, if clife,erlt fnIm owner fA NCIØf'd. (8) 0MMw'. ~ (OWIW' of record) unless. power of .a.amev or !Iller eUhorizInO the epplìCllnt tD act.. the c:Uy ....Iød eøent for the owner Is 1IDn1tt.. wIt11he lIppIícatIon. (9) ThIrty (30) copI.. of tile IIbcM infoftnaIon. (10) TldrIJ (30) copt.. of tills eppIic:.aJoq. PEEl: TIne hunclM tIftv dCdIIIl (t__ - 1</.. ' "..1. :¡.:.....:J ~;:rI. ./~~. ("d C¿~"I.. .f-N., ¿¿'II_I' AppIara V ~""'(pI'III_prirt) [;..1::,;...../, vo-J a¿;,... '..a...9. f..l-r:r.. Þ. J.. u,~.,/ /,1*1' A .js-u, SIgnatu'e - 0wnerI N8rne (pin.. print) UUllIU'NO-,ICI-V .,--,, IP THIS APPLICATION IS SUD... Q1INCOMPUTE OR INACCURATE IT WILL BE SUBJecT TO A DEU'Y IN PROCESSØ>'G AND WILL NOT BE SCHEDULED UNTIL SUCH CORRECTIONS ME MAD£. i' ~ fORM 104 WAlU..,.,. Ð"';b.(ßt'hll:~u:.{'UIn.1 '.,...... executive line 78 .d65 ê1Jhiø jlï~tlttUl.-t_ Thi. ;'lslrul1lent prepnred by ....... A;E E. IIOVIS ~S and BAIRD Attorneys st Law 1 Westgate Plaza Drive Clermont, Florida 32711 c"" .... ...'....... ... u"..u." .....1. ...... .. ......r... ,. Iach.. .a I...... ... ".,_1" .. "11..1 .. .... C_".I I..k...... . ~' t9{) St /tJ~ tff.) Sur flj 50_ Madet'd. 13th dauof Ind -- ,~:i 653 rACE211 g June 1978 'rtln"tt BARBARA BRITTON BRETSCH, formerly known as BARBARA J, BRITTON, of the Counlu of JEFFERSON ,Slalcllf NEW YORK I gran'or, and FLORIDA DISTRICT CHURCH OF THE NAZARENE, INC, n or- c. '~~ who.e po.'-offtÅ“ oddrenl. 10900 Eas t Sarid Lake Road, Or lando, Florida 32809 oflheCounlllOf ORANGE ,Slale"f FLORIDA ,grarllee, .tlt1rll.rt~: Till" ,aid granlor.[or and In conl/derallon ofrhe .um ofTEN AND NO/lOO ($lO,OO)-:I1ollat~, oW olher good and onluabte con"derallon, 10 ,old granlor In hand paId bU ,aId granlee, lhe recel,,1 wh~1liikú ~eJJ;;, ochowlecfged.1uu granled, barga'lUJd and ,old 10 Ille ,aId granlee, and granlee', helrl, ,ucceno" and i~"¡S¡ì'f~rev'iP.; Ihe fol/owlng de,crlbed tand. ,/luale, Iulng and beIng In WE Counl", fI~Îla.!¡'-UIUö. . ..~... '.. . Tract 8 in Section 20, Township 22 South, Range 26 East, as represented on ~é:':.': ~ of said Section made by the Lake Highlands Company of Florida, duly recorded~~~ .-, -u Plat Book 3 at page 30 of the Public Records of Lake County, Florida, except~k:~ ~ and reserving a strip of ground 15 feet wide compriaing one-half of any road~ay ij -J co adjacent to said premises, as shown by said map. ALSO That fractional part of Northeast corner of Tract I, Section 19, Township 22 South, Range 26 East, beginning at a point on the Northeast side of the hard surface County highway, 15 feet South of the Section line between Sections 19 ahd 18, and running East 308 feet to the Section line between Sections 19 and 20, in Township 22 South, Range 26 East, thence South 464 feet to the East line of hard surface highway; thence in a Northwesterly course along the highway right- of-way on the curve òf 11°15', a diatance of 574.6 feet to the point of beginning, containing .74 acres, more or less, said Tract 1 being represented on Map of said Section 19 made by Lake Highlands Co. of Florida and recorded in Public Recorif Lake County, Florida, '" gn ~~~ ~~f. ,. . "". DOCUMENTARV = SUR TAX = I~ 4 O. 50L .. !; ¡ '¡\ t ".' c;¡ "ï::Lln:.¡¡¡:!Þ: I ~ . IJ( C!:lltr.;.!.II-~!11.~ri;r,s'tH/lJ'_JAX II ... oErf.orREVEHUE{( !. :: ~ r~. § Jum'7I ~:;.-~i t.ll 3 5. 00 I i=-.Ir.:II. . : ,:,.;.":.._.__.. -..._._.1 , ¡..: ... , ... . \I ;~ "". ~ " ., ... -, ,.,.;' and ,aId granlor dre, hereb" fullU warranllhe IItle 10 ,ø'd land, and wllllÙfend Ihe ,ame agaIn" Ihe lø.vful claim, of all perlvn' whonuøever. " In .Unr... .~rrrøf, Granlor ha, I,ereunl" ,el gran lor', hand and reallhe daU and ,,~ar fir.. above wrÚlan. S~gne ,ealed and dellv. ered In our pre,ence: . 1'\ ¿J ,i ,'1-,,-, rt'..u.."u.A. & ,<¡.....LA-./.:r"-~.tt''-) ,(k,ZZ:;~(~eaIJ /1 ...-J... BARBARA BRITTON BRETSCII I ·7 EAST LAKE SL B-DIVlSIO~ " II I I - ~ I ~~ :]] Lj~ ~ '" ~- ~ c: '" N d. '" '" (") '" ... ... 0 r ~ OJ fTl 0 :;0 c: ~ :::: ~ .. 0 '" 0 Z co it --i .. J ë' . !< <XI ~ S -0 ... ~ N .... '" '" ;¡ ... .::J o .... '" c<: Cb~~ o/~ '01-. 0' L ~'ki< ~T