LAKE COUNTY PLANNING AND COMMUNITY DESIGN ANALYSIS PETITION TO REZONE PROPERTY. Case Manager: - Site Location & Information

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1 LKE COUNTY PLNNING ND COMMUNITY DESIGN NLYSIS PETITION TO REZONE PROPERTY PLNNING ND ZONING BORD BORD OF COUNTY COMMISSIONERS October 9, 01 November 18, 01 PH #0-1- Case Manager: Payne Road Properties, LLC Rezoning Rick Hartenstein, I, M to CFD, C-, & Senior Planner Owner: Payne Road Properties, LLC Francis B. Force, Registered gent (the Owner ) pplicant: Timothy W. Green Green Consulting Group, Inc. (the pplicant ) Requested ction: Rezone approximately 17 acres total from Planned Commercial () to Community Facility District (CFD) 9 acres; Community Commercial (C-) acres; and griculture () acres; to establish three () separate zoning districts. pproximate site location shown with a red line. - Site Location & Information Size 17 +/- acres Location Sorrento/Mount Plymouth area, the southeast corner of SR & Hunter ve (0 SR ). lternate Key # and 87 Future Land Use (FLU) Zoning District & Density Mount Plymouth/Sorrento Main Street Existing Planned Commercial ( Ord.#0-88) genda Item # Proposed CFD N/ C- N/ 1 DU/ net ac. Floor rea Ratio (FR) Impervious Surface Ratio (ISR).0 ( Ord.#0-88) 0.70 ( Ord.#0-88) 0.0 max FLU 0.0 max FLU Site Visit: October 0, 01 Posting: October 0, 01 ( Signs) Joint Planning rea Utility rea: Site Utilities Road Classification Flood Zone/ FIRM Panel Commissioner District None None Well and Septic Tanks SR rterial Hunter v. - Local X/ 109C0109E Effective Date Dec 8, 01 - Campione PH #0-1- Payne Road Properties, LLC CFD/C-/ Rezoning Proj. # / R# 1

2 Land Use Table Direction Future Land Use Zoning Existing Use Comments Mix of professional office, vacant Mt. Plymouth/Sorrento Wekiva River North R- & commercial, and single-family Main Street Protection rea residential South East West Mt. Plymouth/Sorrento Main Street Mt. Plymouth/Sorrento Main Street Mt. Plymouth/Sorrento Main Street, R-, & R-1, R-, &, R-1, R-, C-1, & Mix of low density single-family residential, agriculture, & undeveloped mixed-use Mix of low density single-family residential, agriculture, & undeveloped mixed-use Mix of low density single-family residential, agriculture, & commercial (developed & vacant) Summary of Staff Determination Talon s Ridge Ord. #008- Sorrento Village Ord. #00-77 None STFF RECOMMENDTION: Staff recommends pproval of the application to rezone 17 +/- acres from Planned Commercial () to Community Facility District (CFD) approximately 9 acres, Community Commercial (C-) approximately acres, and griculture () approximately acres, with conditions as specified in the applicable proposed Ordinance. PLNNING ND ZONING BORD RECOMMENDTION: The Planning and Zoning Board (PZB) pproved the Rezoning request on the Consent genda, with conditions, as specified in the proposed ordinance. The application request proposes three () zoning districts for approximately 17 acres. The following analysis has been broken down by zoning district and applicable Land Development Regulations (LDR) PH #0-1- Payne Road Properties, LLC CFD/C-/ Rezoning Proj. # / R# Summary of nalysis The pplicant is requesting to rezone approximately 17 total acres from Planned Commercial () to Community Facility District (CFD) 9 +/- acres, Community Commercial (C-) +/- acres, and griculture () +/- acres. The staff report will address the three requested zoning districts, but will require individual ordinances for each district (CFD, C-, & ). The properties identified with this application are located within the Mount Plymouth/Sorrento Main Street Future Land Use Category (FLUC) (Staff Exhibit 1 Zoning/Future Land Use Map) which supports the requested zoning districts. In addition, the parcels are a portion of the Sorrento Commons Property as designated by Comprehensive Plan Policy I-1..8, Specific Limitations on the Sorrento Commons Property, which was recently amended and became effective October, 01. Specific details related to the land use and zoning are contained in the body of the analysis below. nalysis LDR Section (Standards for Review). Whether the proposed rezoning is in conflict with any applicable provisions of the Code;

3 below: Community Commercial (C-) and Community Facility District (CFD) The pplicant seeks to develop approximately nine (9) acres as a church facility and approximately acres as commercial shown on Staff Exhibit (Sketch of Description). The CFD Zoning District (a Planned Zoning District ) is permitted within most FLUCs as specified on LDR, Table.00.0, Land Use-Zoning District Matrix. LDR, Section.01.0, Schedule of Permitted and Conditional Uses, recognizes churches as a Community Facility use. griculture () The pplicant seeks to rezone approximately six () acres to griculture, as shown on Staff Exhibit (Sketch of Description). The griculture Zoning District is permitted within most FLUCs as specified in Land Development Regulations (LDR), Table.00.0, Land Use-Zoning District Matrix. B. Whether the proposed rezoning is consistent with all elements of the Lake County Comprehensive Plan; The application request proposes three () zoning districts for approximately 17 acres. The following analysis has been broken down by zoning district and applicable Comprehensive Plan Policies below: Community Commercial (C-) and Community Facility District (CFD) The parcels identified as Parcel and Parcel B on Staff Exhibit of this report proposes C- and CFD zoning districts. These parcels are located within the Mount Plymouth/Sorrento Main Street FLUC. Comprehensive Plan Policy I-.. ( Mount Plymouth-Sorrento Main Street Future Land Use Category ) allows religious organizations (churches) and commerce uses such as services, retail trade, finance, insurance, and real estate as a permitted non-residential development/use within this FLUC subject to specific open space (0% of net buildable area), impervious surface ratio (0.0), and intensity/floor area ratio (0.0) criteria. These parcels are a portion of the area known as the Sorrento Commons Property identified in Comprehensive Plan Policy I-1..8, Specific Limitations on the Sorrento Commons Property, which limits the development to three () primary structures which shall not exceed 1,000 square feet of floor area and further limits structures other than the primary not to exceed 8,000 square feet of floor area for new development. Comprehensive Plan Policy I-.1., Design Standards for the Mount Plymouth-Sorrento Main Street FLUC, requires all parking be located in the rear of building structures facing Main Street (SR ) with the exception of on-street angle or parallel parking, establishes the maximum building height at forty (0) feet, and requires full-cutoff lighting with traditional-style fixtures, among other design requirements. Comprehensive Plan Policy I-.1.1 Parking in the Mount Plymouth Sorrento Community encourages the use of parking in the form of individual small lots containing or less spaces. This policy requires all parking lots extensively use trees, landscaping, and full-cutoff lighting with traditional-style fixtures. Conditions have been incorporated into the attached CFD Ordinance addressing these requirements since the CFD Zoning District is a planned district requiring a specific Ordinance with conceptual plan and may contain conditions more stringent than the LDRs. In contrast, the C- Zoning District (straight zoning) has established uses by right in accordance with the Comprehensive Plan and LDRs. Proposed developments within a straight (non-planned) zoning district are approved administratively in accordance with the Comprehensive Plan and LDRs. PH #0-1- Payne Road Properties, LLC CFD/C-/ Rezoning Proj. # / R#

4 griculture () The application request Comprehensive Plan Policy I-1..8 recognizes agricultural and equestrian uses as suitable use of property within all Future Land Use Categories. Comprehensive Plan Policy I-7.7. states the County shall support agriculture as part of its economic base. C. Whether, and the extent to which, the proposed rezoning is inconsistent with existing and proposed land uses; The surrounding area land uses consist of single-family residential, agriculture, and a mix of commercial along the SR (Main Street) corridor. The requested zoning districts are consistent with the existing and proposed land uses for the area. D. Whether there have been changed conditions that justify a rezoning; The pplicant is seeking to develop a church facility on a portion of the property requiring the CFD request. The commercial and agriculture zoning request is to market a portion of the property. 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 - Public Works has recommended approval for this amendment. ccess to the site shall be from Hunter venue or Payne Road only, and will require improvements to County development standards. In addition, the existing traffic signal at Hunter and SR will require modification to accommodate the new -way intersection if Hunter venue is chosen for access. Conditions have been placed in the attached Ordinance addressing transportation. Water and Sewage The proposed facility including accessory uses will be served by on-site well and septic tank. The Florida Department of Health as indicated that any existing or proposed water system with greater than on-site users will require review and approval by the Florida Department of Environmental Protection. dditionally, any existing septic tank and/or wells will have to be assessed at the time of site plan for proper permits to accommodate the existing as well as the proposed uses. Conditions have been included in the attached Ordinance to ensure compliance. Fire & Emergency Services Lake County Fire and Rescue Station #9 located in Sorrento, is the facility that will provide services to the property. Station #9 is less than five () miles from the subject property and has a response time of five () minutes or less. Solid Waste The proposed rezoning amendment will not cause any adverse impact to the current solid waste capacity or level of service. F. Whether, and the extent to which, the proposed rezoning would result in significant adverse impacts on the natural environment; dverse impacts are not anticipated; however, any future development proposal will cause the need for an Environmental ssessment pursuant to LDR. This will be a part of the site plan submittal data. G. Whether, and the extent to which, the proposed rezoning would affect the property values in the area; The application did not contain any information regarding the effect the proposed rezoning would have on property values in the area. PH #0-1- Payne Road Properties, LLC CFD/C-/ Rezoning Proj. # / R#

5 H. Whether, and the extent to which, the proposed rezoning would result in an orderly and logical development pattern; The proposed rezoning amendment will result in a continuation of 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; and The proposed rezoning application is in harmony with the general intent of the Comprehensive Plan and Land Development Regulations as stated in Sections through H above. J. ny 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. N/ FINDINGS OF FCT: 1. The proposed rezoning is consistent with Comprehensive Plan Policy I-.. which allows religious organizations (churches) and commerce uses such as services, retail trade, finance, insurance, and real estate as a permitted non-residential development/use within the Mount Plymouth-Sorrento Main Street FLUC.. The proposed rezoning is consistent with Comprehensive Plan Policy I-1..8 which recognizes agricultural and equestrian uses as suitable use of property within all Future Land Use Categories.. The proposed rezoning is consistent with LDR, Section.01.0, Schedule of Permitted and Conditional Uses, which recognizes churches as a Community Facility use. Based on these findings of fact, staff recommends approval of the rezoning application, with conditions, as specified in the attached Ordinance. WRITTEN COMMENTS FILED: Supportive: -0- Concern: -0- Opposition: -0- PH #0-1- Payne Road Properties, LLC CFD/C-/ Rezoning Proj. # / R#

6 SUBJECT HRBECK LNE R-1 CR CR 7 7 Mt. Plymouth-Sorrento Neighborhood 0 PL N NE D C O MM ER C I L (C P) PYNE ROD PROPERTIES, LLC REZONING Mt. Plymouth-Sorrento Main Street HRBECK LNE CURRENT ZONING SR SUBJECT PR C E L R-1 R- PR C E L R- R- LDRI LONG LDRICH G CR CH VENU CRES VENUE ES DRIV E LON DRIVE E E COLF VENUE X VENU COLFX R- R- ROD MRGIE OWENS ROD MRGIE OWENS R-1 SR PYNE PYNE ROD ROD C- ³ Mt. Plymouth-Sorrento Receiving rea PUL STREET HUNTE HUNTER R VENU VENUE E C- HUNTE HUNTER R VENU VENUE E MP MP 7T 7TH H ST STRE REET ET PYNE PYNE ROD ROD HM CFD LDRI LONG LDRICH G CR CH VENU CRES VENUE ES DRIV E LON DRIVE E E COLF VENUE X VENU COLFX R-1 PUL STREET ROD MRGIE OWENS ROD MRGIE OWENS 7T 7TH H ST STRE REET ET CR CR 7 7 ³ R-7 CSE NO. PH# CURRENT 00 FUTURE LND USE 1,000 C SE L O C T I O N : 0-19S-8E 0 00 MO U NT PLY MO U TH /S O RR EN TO M IN ST REE T Feet ZON ING LN D U S E SUBJ ECT PRCEL REQUESTING: Re zon e 18 +/- ac re s from to C- ( + /- ac), CFD (9.1 +/- ac ), & (. + /- a c) DT SOURCES: Lake County GIS Department; Planimetrics, 008 erial Image, Data Compilation and Map production compliments of the Growth Management Department, Planning and Community Design. MP COMPOSITION: SEPTEMBER 01 This map product was prepared from a Geographic Information System established by the Lake County Board of County Commissioners. Its employees, agents and personnel, make no warranty as to its accuracy, and in particular its accuracy as to labeling, dimensions, contours, property boundaries, or placement or location of any map features thereon. The Lake County Board of County Commissioners, its employees, agents and personnel MKE NO WRRNTY OF MERCHNTBILITY OR WRRNTY FOR FITNESS OF USE FOR PRTICULR PURPOSE EXPRESS OR IMPLIED WITH RESPECT TO THIS MP PRODUCT. Independent verification of all data contained on this map product should be obtained by any user of this map. FOCUS RE Feet. 1,000

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8 ORDINNCE #01- PH #0-1- Payne Road Properties, LLC/Green Consulting Group, Inc. N ORDINNCE OF THE LKE COUNTY BORD OF COUNTY COMMISSIONERS MENDING THE LKE COUNTY ZONING MPS; ND PROVIDING FOR N EFFECTIVE DTE. WHERES, Green Consulting Group, Inc. (the pplicant ) submitted an application on behalf of Payne Road Properties, LLC (the Owners ) to Rezone approximately 17 acres total from Planned Commercial () to Community Facility District (CFD) approximately 9 acres, Community Commercial (C-) approximately acres, and griculture () approximately acres; and WHERES, the subject property for this Ordinance consists of approximately 9 +/- acres located approximately 0 feet east of the southeast corner of SR and Hunter ve. in the Sorrento/Mount Plymouth area, in Sections 0 Township 19 South, Range 8 East, consisting of a portion of lternate Key Numbers and 87, and more particularly described as: LEGL DESCRIPTION (Exhibit ) WHERES, the property subject to the request is located within the Mount Plymouth-Sorrento Main Street Future Land Use Category as shown on the Lake County Comprehensive Plan Future Land Use Map (FLUM); and WHERES, on the 1 th day of pril, 1988, the Board of County Commissioners approved Planned Commercial Zoning (Ordinance #0-88) on approximately 17 acres for a commercial car fleet leasing company; and WHERES, Lake County Planning and Zoning Board did review petition PH #0-1- on the 9 th day of October, 01, after giving Notice of Hearing for a change in the use of land, including a notice that said petition will be presented to the Board of County Commissioners of Lake County, Florida, on the 18 th day of November, 01; and WHERES, the Board of County Commissioners reviewed said petition, the recommendations of the Lake County Planning and Zoning Board, the staff report and any comments, favorable or unfavorable, from the public and surrounding property owners at a public hearing duly advertised, and WHERES, upon review, certain terms pertaining to the development of the above described property have been duly approved; and NOW THEREFORE, BE IT ORDINED by the Board of County Commissioners of Lake County, Florida, that the Land Development Regulations of Lake County, Florida, be altered and amended as they pertain to the above tract of land, subject to the following terms: Section 1. Terms: The County Manager or designee shall amend the Lake County Zoning Map to show the Community Facility District (CFD) in accordance with Exhibit of this Ordinance. This Ordinance shall revoke/rescind and replace Ordinance #0-88. ll uses shall be generally 1

9 ORDINNCE #01-XX PH #0-1- (Payne Road Properties, LLC - CFD Rezoning) consistent with the Concept Plan as shown in Exhibit B, of this Ordinance. To the extent where there are conflicts between the Conceptual Plan and this Ordinance, this Ordinance shall take precedence.. Land Use: Use of the land area described in Exhibit of this Ordinance shall be limited to a house of worship/church facility and accessory uses. B. Open Space, Setbacks, and Parking: Open Space, Setbacks, and Parking shall be in accordance with the Comprehensive Plan and LDR, as amended. C. Floor rea Ratio/Intensity, Impervious Surface (ISR), and Height of Structures: Floor rea Ratio/Intensity, Impervious Surface Ratio, and Structure Height shall be in accordance with the Comprehensive Plan and LDR, as amended. D. Landscaping, Buffering, and Screening: Landscaping, Buffering, and Screening shall be in accordance with the Comprehensive Plan and Land Development Regulations, as amended. E. Transportation Improvements/ccess Management: 1. ccess Management: ll access management shall be in accordance with the Comprehensive Plan and Land Development Regulations, as amended.. Traffic nalysis: Traffic Impact nalysis will be required with any future site plan submittal. ny transportation improvements recommended as a result of the traffic impact analysis will be addressed as part of the site plan approval. F. Signage: ll signage shall be accordance with the Comprehensive Plan and Land Development Regulations, as amended. G. Lighting: Exterior lighting shall be cut-off type and in accordance with the Land Development Regulations, as amended, and consistent with Dark-Sky principles. photometric plan for all exterior lighting shall be provided with the site plan application. H. Fire Protection: Fire Protection shall be in accordance with the all applicable federal, state, and local codes and/or regulations, as amended. I. Utilities: 1. The provision of potable water, as applicable, shall be permitted in accordance with Florida Department of Health, Florida Department of Environmental Protection, the Comprehensive Plan, and Land Development Regulations, as amended.. Septic and sewage service, as applicable, shall be permitted in accordance with the Florida Department of Health, Florida Department of Environmental Protection, the Comprehensive Plan, and Land Development Regulations, as amended.. ny portion of an on-site septic system shall be setback 100 feet from the wetland jurisdiction line in accordance with the Comprehensive Plan, as amended. J. Concurrency Management Requirements: ny development shall comply with the Lake County Concurrency Management System, as amended. K. Development Review and pproval: Prior to the issuance of permits, the pplicant shall be required to submit a site plan application generally consistent with Exhibit B - Conceptual Plan, attached, for review and approval in accordance with the Comprehensive Plan and LDR, as amended.

10 ORDINNCE #01-XX PH #0-1- (Payne Road Properties, LLC - CFD Rezoning) L. Future mendments to Statutes, Code, Plans, and/or Regulations: The specific references in this Ordinance to the Florida Statutes, Florida dministrative Code, Lake County Comprehensive Plan, and Lake County Land Development Regulations shall include any future amendments to the Statutes, Code, Plans, and/or Regulations. Section. Conditions: Conditions as altered and amended which pertain to the above tract of land shall mean:. fter establishment of the facilities as provided herein, the aforementioned property shall only be used for the purposes named in this Ordinance. ny other proposed use must be specifically authorized by the Board of County Commissioners. B. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, add other uses, or alter the land in any manner within the boundaries of the above described land without first obtaining the necessary approvals in accordance with the Lake County Code, as amended, and obtaining the permits required from the other appropriate governmental agencies. C. This Ordinance shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present Owner and any successor, and shall be subject to each and every condition herein set out. D. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental permitting agencies. E. The transfer of ownership or lease of any or all of the property described in this Ordinance shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions established by this Ordinance and agrees to be bound by these conditions. The purchaser or lessee may request a change from the existing plans and conditions by following procedures contained in the Land Development Regulations, as amended. F. ction by the Lake County Code Enforcement Special Master. The Lake County Code Enforcement Special Master shall have authority to enforce the terms and conditions set forth in this ordinance and to recommend that the ordinance be revoked. Section. Severability: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section. Filing with the Department of State: The clerk shall be and is hereby directed forthwith to send a copy of this Ordinance to the Secretary of State for the State of Florida in accordance with Section 1., Florida Statutes. (Rest of Page Intentionally Blank)

11 ORDINNCE #01-XX PH #0-1- (Payne Road Properties, LLC - CFD Rezoning) Section. Effective Date. This Ordinance shall become effective as provided by law. ENCTED this day of, 01 FILED with the Secretary of State, 01. EFFECTIVE, 01. BORD OF COUNTY COMMISSIONERS LKE COUNTY, FLORID JIMMY CONNER, CHIRMN TTEST: NEIL KELLY, CLERK OF THE BORD OF COUNTY COMMISSIONERS LKE COUNTY, FLORID PPROVED S TO FORM ND LEGLITY SNFORD. MINKOFF, COUNTY TTORNEY

12 ORDINNCE #01-XX PH #0-1- (Payne Road Properties, LLC - CFD Rezoning) 1 Exhibit Boundary Legal Description

13 ORDINNCE #01-XX PH #0-1- (Payne Road Properties, LLC - CFD Rezoning) 1 Exhibit B Concept Plan 7

14 ORDINNCE #01-XX Payne Road Properties, LLC Community Commercial C- Rezoning PH #0-1- N ORDINNCE OF THE LKE COUNTY BORD OF COUNTY COMMISSIONERS MENDING THE LKE COUNTY ZONING MPS; ND PROVIDING FOR N EFFECTIVE DTE. WHERES, Timothy W. Green Green Consulting Group, Inc. (the pplicant ) submitted an application on behalf of the Payne Road Properties, LLC Francis B. Force, Registered gent (the Owners ) to rezone the property from Planned Commercial () zoning to Community Commercial (C-); and WHERES, the subject property consists of +/- acres and is located southeast of SR and Hunter ve., in the Sorrento/Mount Plymouth area, in Section 9, Township 19 South, Range 8 East, a portion of lternate Key Number and 87, more particularly described below: LEGL DESCRIPTION: WHERES, the property subject to the request is located within the Mount Plymouth-Sorrento Main Street Future Land Use Category as shown on the Lake County Comprehensive Plan Future Land Use Map (FLUM); and WHERES, Lake County Planning and Zoning Board did review petition PH#0-1- on the 9 th day of October, 01, after giving Notice of Hearing for a change in the use of land, including a notice that said petition will be presented to the Board of County Commissioners of Lake County, Florida, on the 18 th day of November, 01; and WHERES, the Board of County Commissioners reviewed said petition, the recommendations of the Lake County Planning and Zoning Board, staff report and any comments, favorable or unfavorable, from the public and surrounding property owners at a public hearing duly advertised, and WHERES, upon review, certain terms pertaining to the development of the above described property have been duly approved; and NOW THEREFORE, BE IT ORDINED by the Board of County Commissioners of Lake County, Florida, that the Land Development Regulations of Lake County, Florida, be altered and amended as they pertain to the above tract of land, subject to the following terms: Page 1 of

15 ORDINNCE #01-XX, PH #0-1- Payne Road Properties LLC C- Rezoning Section 1. Terms: The County Manager or designee shall amend the Official Zoning Map to rezone the subject property from Community Facility District (CFD) to Community Commercial (C-) in accordance with this Ordinance. Section. Development Review and pproval: Prior to the issuance of any permits, the Owner shall be required to submit applications for and receive necessary final development order approvals as provided in the Lake County Comprehensive Plan and Land Development Regulations. The applications for final development orders shall meet all submittal requirements and comply with all County codes and ordinances, as amended. Section. Severability: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section. Filing with the Department of State. The clerk shall be and is hereby directed forthwith to send a copy of this Ordinance to the Secretary of State for the State of Florida in accordance with Section 1., Florida Statutes. Section. Effective Date. This Ordinance shall become effective as provided by law ENCTED this day of, 01. FILED with the Secretary of State, 01. EFFECTIVE, 01. BORD OF COUNTY COMMISSIONERS LKE COUNTY, FLORID 7 TTEST: JIMMY CONNER, Chairman NEIL KELLY, Clerk of the Board of County Commissioners Lake County, Florida PPROVED S TO FORM ND LEGLITY SNFORD. MINKOFF, County ttorney Page of

16 ORDINNCE #01-XX Payne Road Properties, LLC griculture Rezoning PH #0-1- N ORDINNCE OF THE LKE COUNTY BORD OF COUNTY COMMISSIONERS MENDING THE LKE COUNTY ZONING MPS; ND PROVIDING FOR N EFFECTIVE DTE. WHERES, Timothy W. Green Green Consulting Group, Inc. (the pplicant ) submitted an application on behalf of the Payne Road Properties, LLC Francis B. Force, Registered gent (the Owners ) to rezone the property from Planned Commercial () zoning to griculture (); and WHERES, the subject property consists of approximately. +/- acres located southeast of SR and Hunter ve., in the Sorrento/Mount Plymouth area, in Section 9, Township 19 South, Range 8 East, a portion of lternate Key Number and 87, more particularly described below: LEGL DESCRIPTION: WHERES, the property subject to the request is located within the Mount Plymouth-Sorrento Main Street Future Land Use Category as shown on the Lake County Comprehensive Plan Future Land Use Map (FLUM); and WHERES, Lake County Planning and Zoning Board did review petition PH#0-1- on the 9 th day of October, 01, after giving Notice of Hearing for a change in the use of land, including a notice that said petition will be presented to the Board of County Commissioners of Lake County, Florida, on the 18 th day of November, 01; and WHERES, the Board of County Commissioners reviewed said petition, the recommendations of the Lake County Planning and Zoning Board, staff report and any comments, favorable or unfavorable, from the public and surrounding property owners at a public hearing duly advertised, and WHERES, upon review, certain terms pertaining to the development of the above described property have been duly approved; and NOW THEREFORE, BE IT ORDINED by the Board of County Commissioners of Lake County, Florida, that the Land Development Regulations of Lake County, Florida, be altered and amended as they pertain to the above tract of land, subject to the following terms: Page 1 of

17 ORDINNCE #01-XX PH#0-1- (Payne Road Properties, LLC - Rezoning) Section 1. Terms: The County Manager or designee shall amend the Official Zoning Map to rezone the subject property from Community Facility District (CFD) to griculture () in accordance with this Ordinance. Section. Development Review and pproval: Prior to the issuance of any permits, the Owner shall be required to submit applications for and receive necessary final development order approvals as provided in the Lake County Comprehensive Plan and Land Development Regulations. The applications for final development orders shall meet all submittal requirements and comply with all County codes and ordinances, as amended. Section. Severability: If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section. Filing with the Department of State. The clerk shall be and is hereby directed forthwith to send a copy of this Ordinance to the Secretary of State for the State of Florida in accordance with Section 1., Florida Statutes. Section. Effective Date. This Ordinance shall become effective as provided by law ENCTED this day of, 01. FILED with the Secretary of State, 01. EFFECTIVE, 01. BORD OF COUNTY COMMISSIONERS LKE COUNTY, FLORID JIMMY CONNER, Chairman TTEST: NEIL KELLY, Clerk of the Board of County Commissioners Lake County, Florida PPROVED S TO FORM ND LEGLITY SNFORD. MINKOFF, County ttorney Page of

18 LKE COUNTY PLNNING ND ZONING BORD October 9, 01 PUBLIC COMMENT Winton Williams, the Fair Housing dvocate with Community Legal Services of Mid- Florida, briefly discussed the history of the Fair Housing ct and it s prohibitions against housing discrimination. He discussed the importance of locating shelters for the homeless and the victims of domestic violence. lso, he requested the Planning and Zoning Board to consider affordable housing needs for the lower income residents of Lake County when considering rezoning and land use issues. GEND UPDTES Mr. Steve Greene, Chief Planner, Division of Planning & Community Design, said under other business staff would be asking to have a Planning and Zoning Board member appointed to the ffordable Housing committee. CONSENT GEND TB NO: CSE NO: OWNER/PPLICNT/GENT/PROJECT Tab 1 PH# -1- G & P Custer Property Rezoning Tab PH# Hilochee Partners, LTD. Tab PH# 0-1- Payne Road/E, Hunter ve. MOTION by Tim Morris, SECONDED by Rick Gonzalez to PPROVE the Consent genda which includes Tabs 1, and. FOR: GINST: Morris, Gonzalez, Bryan, McKeeby, Kesserling None MOTION CRRIED: -0 TB PH# Johns Lake Landing mendment Rick Hartenstein, I, Senior Planner, said staff had received two letters requesting postponement, one from a Magnolia Point resident and another from nita Geraci-Carver, representing the Magnolia Point homeowners association. Mr. Hartenstein said staff was ready to move forward. llison Turnbull, Holland and Knight, representing the applicant, said the application had been filed with the County in May and the traffic study in June. She said they had met with