LAKE COUNTY PLANNING AND COMMUNITY DESIGN ANALYSIS

1 Proj. # 2014050005/ AR#2557 G&P Custer Property rezoning 11/414

LAKE COUNTY PLANNING AND COMMUNITY DESIGN ANALYSIS

PETITION TO REZONE PROPERTY

LAKE COUNTY ZONING BOARD BOARD OF COUNTY COMMISSIONERS October 29, 2014 November 18, 2014

Applicant: Gary and Peggy Custer (the “Applicant”) Owner: Gary and Peggy Custer (the “Owner”) Requested Action: The Applicant is proposing a rezoning amendment to existing Planned Commercial (CP) Ordinance #2011-33 to increase the maximum impervious surface ratio (ISR) to 0.70, by establishing a new CP Ordinance.

- Site Location and Information – The property outlined in red denotes the approximate location

Site Visit(s): October 17, 2014 Sign(s) Posted: October 17, 2014 (2)

Size Approx. 17.26 acres

Location CR 44 and Emeralda Ave

Alternate Key # 2582952

Future Land Use Industrial

Zoning District Existing Proposed

CP, with limited C-1 and C-2 uses

CP w/ limited C-1 & C-2 uses

Density N/A N/A

Intensity (FAR/ISR)

FAR un specified ISR –0.30

FAR - 1.0 ISR – 0.70

JPA N/A

Utility Area Leesburg

Road Classification

CR 44 (Urban – collector)

Flood Zone / FIRM Panel

Zones A and X/panels 311, 332 July 3, 2002

Commission District

5- Cadwell

Agenda Item # 1 PH #32-14-5 G & P Custer Property

Case Manager: Steve K. Greene, AICP


Land Use Table

Direction Future Land Use Zoning Existing Use Comments

North Rural Transition R-6 and R-7 vacant Wetlands

South Urban Low C-2, RMRP, C-1 Gas station/mobile homes park

Tara Village Mobile Home Park

East Industrial HM Manufacturing Wolverine Materials

West Rural Transition CP, RMRP Mobile home park Midway Manor

- Summary of Staff Determination –

-Summary of Analysis- The Applicant desires to amend existing Planned Commercial (CP) Zoning Ordinance #2011-33 (Attachment 1) by establishing a new ordinance to increase the Impervious Surface Ratio (ISR) of the property to be consistent with the ISR allowed by the Industrial Future Land Use Category that applies to the property, rather than the current ISR of 0.30, which is equivalent to that allowed in Rural Transition. The property is situated on the north side of CR 44 and east of Emeralda Avenue and is currently used for vehicle storage. Since the adoption of Ordinance 2011-33 in July 2011, the property underwent a future land use map amendment in July 30, 2013, which changed the future land use of the property from Rural Transition to Industrial. The current ordinance allows vehicle storage, warehouse, retail (general and convenience), consumer service and professional office uses consistent with the Industrial future land use. The Applicant currently desires to increase the ISR to be consistent with the future land use category, which would accommodate a larger range of commercial development opportunities.

- Analysis - (Standards for Review - LDR 14.03.03)

A. Whether the proposed rezoning is in conflict with any applicable provisions of these

Regulations; The proposed rezoning amendment to increase the Impervious Surface Ratio (ISR) from 0.30 to 0.70 is consistent with the Land Development Regulations (LDR). LDR Section 3.02.06, provides for density, impervious surface, floor area and building height within the County’s zoning districts. This LDR provision allows a maximum ISR of 0.70 for development within CP zoning districts.

STAFF RECOMMENDATION: Staff recommends Approval of the rezoning application to amend Ordinance #2011-33, by establishing a new ordinance, with conditions. PLANNING AND ZONING BOARD RECOMMENDATION: Approved on Consent Agenda with a 5-0

vote.


B. Whether the proposed rezoning is consistent with all elements of the Lake County

Comprehensive Plan; The proposed ISR of 0.70 for development of this property is consistent with the ISR provisions of Industrial future land use category (FLUC). Comprehensive Plan (Comp Plan) Policy I-1.3.8 allows a maximum ISR of 0.80 in the Industrial FLUC. The applicant seeks commercial development of the property to support the needs of the Industrial uses and activities.

C. Whether, and the extent to which, the proposed rezoning is inconsistent with existing and

proposed land uses; The proposed rezoning amendment to increase the ISR to 0.70 is consistent with the existing CP

Zoning District and the adjacent industrial uses to the east.

D. Whether there have been changed conditions that require a rezoning; There has been no change.

E. Whether, and the extent to which, the proposed rezoning would result in demands on public

facilities, and whether, or to the extent to which, the proposed rezoning would exceed the capacity of such public facilities, including, but not limited to police, roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and fire and emergency medical facilities;

TRANSPORTATION: The Level of Service (LOS) for the impacted roadway of CR 44 is "D" with a capacity of 792. This segment of roadway is currently operating at one hundred and eleven percent (111%) of its capacity. This project will be generating 31 directional pm peak hour trips which will increase the volume to capacity ratio to one hundred and fifteen (115) percent. The Applicant will be required to complete a traffic study in accordance with the prescribed methodology prior to site plan approval. This is specified as a condition in the proposed ordinance. SEWER & WATER An on-site well is proposed to provide the water needs and on-site septic is proposed to provide the sewage needs for the proposed uses.

F. Whether, and the extent to which, the proposed rezoning would result in significant adverse impacts on the natural environment; A preliminary review of the site revealed no threatened or endangered species. Although the property contains wetlands, the concept plan provided does not depict the future development as impacting the wetland or the associated buffers. An environmental assessment of the site will be required with a development application to ensure appropriate wetland protection.


G. Whether, and the extent to which, the proposed rezoning would adversely affect the property values in the area;

No information has been submitted to indicate that the proposed rezoning would adversely affect the property values in the area.

H. Whether, and the extent to which, the proposed rezoning would result in an orderly and logical

development pattern, specifically identifying any negative effects on such patterns;

The proposed rezoning does not alter the existing development pattern in the area.

I. Whether the proposed rezoning would be in conflict with the public interest, and in harmony with the purpose and intent of these Regulations;

The proposed rezoning would be in harmony with the general intent of the Comp Plan and LDR.

J. Any other matters that may be deemed appropriate by the Lake County Zoning Board or the Board of County Commissioners, in review and consideration of the proposed rezoning.

The City of Leesburg did not respond to the Utility Availability request. This will be addressed at site

plan, if approved. FINDINGS OF FACT: Staff has reviewed the application for this rezoning request and found:

1. The rezoning application is consistent with LDR Section 3.02.06 regarding the maximum ISR of 0.70 which is allowed within the CP zoning district.

2. The rezoning application is consistent with Comp Plan Policy I-1.3.8 which allows an ISR of 0.80, maximum, in the Industrial Future Land Use Category.

Based on these findings of fact, staff recommends Approval of the rezoning application to amend Ordinance #2011-33, by establishing a new ordinance, with conditions. WRITTEN COMMENTS FILED: Support: -0- Concern: -0- Oppose: -0-

PH #32-14-5/G&P Custer Property rezoning Ordinance #2014-xx

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G&P Custer Property rezoning Proj. 2014050005/ AR#2557 10/10/14

ORDINANCE #2014 - xx 1 Gary and Peggy Custer Property Rezoning 2

PH #32-14-5 3 4 AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE LAKE 5 COUNTY ZONING MAPS; AND PROVIDING FOR AN EFFECTIVE DATE. 6 7

WHEREAS, Matthew Cason of Concept Development LLC (the “Applicant”) submitted a rezoning application on 8 behalf of Greg and Peggy Custer (the “Owner”) to amend existing Planned Commercial (CP) Ordinance #2011-33 to 9 increase the impervious surface ratio (ISR) and to maintain the existing previously authorized conditions and provision in 10 the ordinance; and 11

WHEREAS, the subject property consists of approximately 17.26 acres located in the Lisbon area, along the north side 12 of County Road (CR) 44, east of Emeralda Road in Section 35, Township 18 South, Range 25 East lying within Alternate 13 Key Number 2582952, and more particularly described as: 14

E 1114.3 ft of S ½ of SW ¼ of SE ¼ --Less RR R/W—S 30ft of N 240 ft of W 210 ft of S ½ of SW ¼ 15 of SE ¼, N 315 ft of S 420 ft of W 210 ft of SW ¼ of SE ¼ ORB 598 PGS 2078, 2079 ORB 1187 16 PG 1171 ORB 1234 PG 1914 17

18 WHEREAS, on May 25, 2010, the Lake County Board of County Commissioners adopted the 2030 19

Comprehensive Plan and Future Land Use Map; pursuant to Chapter 163.3184, Florida Statutes, the Future Land Use 20 Category for this property was designated as Rural Transition which created uses non-conforming use on the property; 21

WHEREAS, on July 30, 2011, the Lake County Board of County Commissioners approved a request a Planned 22 Commercial (CP) rezoning amendment to CP Ordinance #1998-51, for limited C-1 and C-2 uses, with vehicular sales, 23 including the establishment of and impervious surface ratio of 0.30 on the property consistent with the Rural Transition 24 future land use; and 25

WHEREAS, on July 30, 2013, the Lake County Board of County Commissioners approved a future land use 26 amendment to change the future land use from Rural Transition to Industrial pursuant to LPA #13/2/1-5 and enacted 27 Future Land Use Ordinance #2013-35; and 28

WHEREAS, this current rezoning petition shall supersede and replace Ordinance #2011-33; and 29

WHEREAS, the Lake County Zoning Board did on the 29th day of October, 2014 review Petition PH #32-14-5; 30 after giving Notice of Hearing on petition for a change in the use of land, including notice that said Ordinance would be 31 presented to the Board of County Commissioners of Lake County, Florida, on the 18th day of November, 2014; and 32

WHEREAS, the Board of County Commissioners reviewed said petition, the recommendations of the Lake 33 County Zoning Board, and any comments, favorable or unfavorable, from the public and surrounding property owners at 34 a Public Hearing duly advertised; and 35

WHEREAS, upon review, certain terms pertaining to the development of the above described property have 36 been duly approved; and 37

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NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Lake County, Florida, that 1 the Land Development Regulations of Lake County, Florida, be altered and amended as they pertain to the above tract 2 of land, as described above, subject to the following terms: 3

Section 1. Terms: This Ordinance replaces and supersedes Ordinance #2011-33 in its entirety. 4 5 The County Manager or designee shall amend the Lake County Zoning Map to Planned Commercial 6

(CP) with Neighborhood Commercial (C-1) and Community Commercial (C-2) uses. The uses of the 7 property shall be limited to those uses specified in this Ordinance and generally consistent with the 8 Conceptual Plan attached hereto as Exhibit “A”. To the extent there are conflicts between Exhibit “A” 9 and this Ordinance, this Ordinance shall take precedence. 10

11 A. Land Use: 12

1. Vehicle storage 13 2. Warehouses 14 3. Retail (general & convenience) 15 4. Consumer Services 16 5. Professional Office 17

18 Any other use of the site shall require approval of an amendment to this Ordinance and the 19 CONCEPT PLAN, EXHIBIT “A” by the Board of County Commissioners. 20

21 B. Landscaping, Buffering, Screening; Building Height 22

1. There shall be no parking or display of vehicles within the landscape buffer areas or within the 23 right-of-way. 24

2. Landscaping shall be in accordance with the Land Development Regulations, as amended. 25 3. Building height shall be in accordance with the Comprehensive Plan, as amended. 26

27 C. Impervious Area: The impervious surface ratio shall not exceed 0.70. 28

29 D. Transportation: 30

1. A Tier 1 Traffic Study and Traffic Analysis shall be required for review with the site plan 31 application for the purpose of determining impact mitigation. 32

2. Left and Right turn deceleration lanes shall be required for direct access to CR 44. 33 3. The need for turn lanes for access on Emeralda Ave. will be evaluated at site plan review 34

and approval. If the primary access is onto Emeralda Ave., a traffic signal warrant study for 35 the intersection of CR 44/Emeralda Ave. will be required at site plan submittal. 36

4. The Applicant shall fund all required improvements. 37 38

E. Environmental, Open Space: 39 1. All wetlands and associated buffers onsite shall be placed in a recorded conservation 40

easement prior to site plan approval. 41 2. Buildings and paved areas shall be no closer than 50 feet from the wetland jurisdictional line. 42 3. Open space shall be provided in accordance with the Comprehensive Plan and Land 43

Development Regulations, as amended. 44 45

F. Signage: All signs shall be consistent with the Land Development Regulations, as amended. 46 47


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G. Utilities: Potable well and septic tank system or central water and central sewer, if available, shall 1 be provided in accordance with the Comprehensive Plan and Land Development Regulations, as 2 amended. 3

4 H. Development Review and Approval: A site plan shall be submitted for review and approval prior 5

to construction. The site plan shall comply with all County codes, ordinances, and design 6 standards, as amended. 7

8 I. Concurrency Management Review: Concurrency shall be met prior to the issuance of any 9

development order, consistent with the Land Development Regulations (LDR), as amended. 10 11

J. Future Development Orders: Any requested development order must comply with the 12 Comprehensive Plan and LDR, as amended. 13

14 K. Future Amendments to Statutes, Code, Plans, and/or Regulations: The specific references in 15

this Ordinance to the Florida Statutes, Florida Administrative Code, Lake County Comprehensive 16 Plan, and Lake County Land Development Regulations shall include any future amendments to 17 the Statutes, Code, Plans, and/or Regulations. 18

19 Section 2. Conditions as altered and amended which pertain to the above tract of land shall mean: 20 21

a. After establishment of the uses as provided herein, the aforementioned property shall only be 22 used for the purposes named in this Ordinance. Any other proposed use must be specifically 23 authorized by the Board of County Commissioners. 24

25 b. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, remove, improve, 26

move, convert, or demolish any building or structure, or alter the land in any manner within the 27 boundaries of the above described land without first submitting the necessary plans in accordance 28 with the Lake County Land Development Regulations, and obtaining approval from the County 29 Manager or designee upon obtaining the permits required from any other appropriate 30 governmental agencies having jurisdiction over the project. 31

32 c. This amendment shall inure to the benefit of, and shall constitute a covenant running with the land 33

and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and 34 any successor, and shall be subject to each and every condition herein set out. 35

36 d. Construction and operation of the proposed use shall at all times comply with the regulations of 37

this and any other governmental agencies having jurisdiction over the project. 38 39

e. The transfer of ownership or lease of any or all of the property described in this Ordinance shall 40 include in the transfer or lease agreement, a provision that the purchaser or lessee is made good 41 and aware of the conditions pertaining to this Ordinance, and agrees to be bound by these 42 conditions. The purchaser or lessee may request a change from the existing plans and conditions 43 by following procedures contained in the Lake County Land Development Regulations, as 44 amended. 45

46 f. Action by the Lake County Code Enforcement Special Master: The Lake County Code 47

Enforcement Special Master shall have the authority to enforce the terms and conditions set forth 48 in this Ordinance and to recommend that the Ordinance be revoked. 49


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1 Section 3. Severability: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or 2

unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the 3 validity of the remaining portions of this Ordinance. 4

5 Section 4. Filing with the Department of State. The clerk shall be and is hereby directed forthwith to send a 6

copy of this Ordinance to the Secretary of State for the State of Florida in accordance with Section 7 125.66, Florida Statutes 8

9 Section 5. Effective Date. This Ordinance shall become effective as provided by law. 10 11

ENACTED this day of , 2014. 12 13

FILED with the Secretary of State , 2014. 14 15 EFFECTIVE _________________________________________________,2014. 16

17 BOARD OF COUNTY COMMISSIONERS 18 LAKE COUNTY, FLORIDA 19 20 21 JIMMY CONNER, Chairman 22

ATTEST: 23 24 25 NEIL KELLY, Clerk of the 26 Board of County Commissioners 27 Lake County, Florida 28 29 APPROVED AS TO FORM AND LEGALITY 30 31 SANFORD A. MINKOFF, County Attorney 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47


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EXHIBIT “A” 1 2

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Documents

LAKE COUNTY PLANNING AND COMMUNITY DESIGN ANALYSIS