Staff Report TO: Local Planning Agency FROM: Ronald Neibert, City Manager DATE: June 20, 2019 RE: LARGE SCALE FUTURE LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE PLAN: 2019-CPLU-05 AND 2019-CPLU-06 Introduction: The proposed large scale amendment to the Future Land Use Map would change the future land use designation of four parcels (upon annexation) totaling 63.05 acres from Urban Low and Rural Transitional in Lake County to Suburban Residential (SR) (55.78 acres) and Mixed Commercial Residential (MCR) (7.27 acres) in the City of Eustis. Background: See attached Staff Report Recommended Action: Staff recommends the LPA transmit this large-scale future land use map amendment (2019- CPLU-05 and 2019-CPLU-06) to the City Commission for action. Alternatives: 1. Transmit the amendment to City Commission for consideration 2. Do not transmit the amendment Attachments: LPA Report Ord. No, 19-18 M&A CJohnson. ADA ADA Ord. 19-18 M&A C Johnson D048685 ORD 19-18 Notice of Public Hearing 500 ft - Annex-FLUM MA CJohnson Reviewed by: Ronald Neibert, City Manager Approved - 14 Jun 2019 Mary Montez, City Clerk Approved - 14 Jun 2019
Large Scale Future Land Use Map Amendments to the Comprehensive
Plan: 2019-CPLU-05 and 2019-CPLU-06FROM: Ronald Neibert, City
Manager
DATE: June 20, 2019
RE: LARGE SCALE FUTURE LAND USE MAP AMENDMENTS TO THE COMPREHENSIVE
PLAN: 2019-CPLU-05 AND 2019-CPLU-06
Introduction: The proposed large scale amendment to the Future Land
Use Map would change the future land use designation of four
parcels (upon annexation) totaling 63.05 acres from Urban Low and
Rural Transitional in Lake County to Suburban Residential (SR)
(55.78 acres) and Mixed Commercial Residential (MCR) (7.27 acres)
in the City of Eustis. Background: See attached Staff Report
Recommended Action: Staff recommends the LPA transmit this
large-scale future land use map amendment (2019- CPLU-05 and
2019-CPLU-06) to the City Commission for action. Alternatives: 1.
Transmit the amendment to City Commission for consideration 2. Do
not transmit the amendment Attachments: LPA Report Ord. No, 19-18
M&A CJohnson. ADA ADA Ord. 19-18 M&A C Johnson D048685 ORD
19-18 Notice of Public Hearing 500 ft - Annex-FLUM MA CJohnson
Reviewed by: Ronald Neibert, City Manager Approved - 14 Jun 2019
Mary Montez, City Clerk Approved - 14 Jun 2019
City of Eustis
P.O. Drawer 68 • Eustis, Florida 32727--0068 • {352) 483-5430
TO: LOCAL PLANNING AGENCY FROM: RONALD R. NEIBERT, CITY MANAGER
DATE: JUNE 20, 2019
RE: LARGE SCALE FUTURE LAND USE MAP AMENDMENT TO THE COMPREHENSIVE
PLAN
(2019-CPLU-05 AND 2019-CPLU-06): PROPERTY LOCATED ON E. ORANGE
AVENUE AT SR 44 AND LAKE LINCOLN LANE EAST OF ESTES ROAD.
Introduction The proposed large scale amendment to the Future Land
Use Map would change the future land use designation of four
parcels (upon annexation) totaling 63.05 acres from Urban Low and
Rural Transitional in Lake County to Suburban Residential (SR) and
Mixed Commercial Residential (MCR) in the City of Eustis.
Recommended Action Staff recommends the LPA transmit this
large-scale future land use map amendment (2019-CPLU-05 and
2019-CPLU-06) to the City Commission for action.
Background/Pertinent Site Information 1. The property proposed for
annexation includes approximately 63.05 acres located
on E. Orange Avenue at SR 44 and Lake Lincoln Lane east of Estes
Road, and is located within the Eustis Joint Planning Area. The
land is vacant and the Lake County Property Appraiser has
classified the property as vacant commercial, vacant
non-agricultural, and pasture improved. There are no structures on
the site.
2. The property is currently under two separate ownerships; 35
acres under Charlie Johnson Builders, Inc. and 28.05 acres (without
wetlands of 1.95 acres) under M&A, LLC.
3. The site is contiguous to the City on its southern and
southwestern boundaries.
4. The site has Lake County land use designations of Urban Low and
Urban Transitional but approval of Ordinance No. 19-18 would change
the land use designation to Mixed Commercial Residential (MCR) and
Suburban Residential (SR) in the City of Eustis. Surrounding
properties have the following land use designations:
Location Existing (Current) Use
Site Vacant Land Urban Low/Urban Transitional (Co.)
North Vacant/Single Family Urban Low (Co.)
South Convenience/Storage MCR (City)/Urban Low (Co.) Suburban
Corridor
East SFR/Auto Repair Urban Low/Urban Transitional (Co.)
West SFR/Vacant Urban Low/Urban Trans (Co.)/MCR (City)
Suburban Corridor
Applicant’s Request The applicants, M & A LLC and Charlie
Johnson Builders wish to annex the properties for future
development with connection to City water and sewer facilities. As
the properties are contiguous to the City limits, the City requires
annexation to connect to City water. The applicant has submitted an
application for annexation, and requested Eustis future land use
and design district designations.
The current Lake County zoning designations are Planned Commercial
District (CP), Medium Suburban Residential District (R-4) and
Agricultural District (A), and the future land use designations are
Urban Low and Rural Transitional. The Lake County zoning and land
use designations allow for medium density residential, wide range
of commercial uses and agricultural pursuits. The property owners
have requested the Mixed Commercial/Residential (MCR) (7.27 acres)
and Suburban Residential (SR) (55.78 acres) land use designations
within the City of Eustis. The MCR and SR land uses provide for
single and multi-family residential uses and also commercial retail
and services.
Analysis of Comprehensive Plan/Future Land Use Request (Ord. No.
19-18)
In Accordance with Florida Statutes Chapter 163.3177.9.: Discourage
Urban Sprawl:
Primary Indicators of Sprawl: The future land use element and any
amendment to the future land use element shall discourage the
proliferation of urban sprawl. The primary indicators that a plan
or plan amendment does not discourage the proliferation of urban
sprawl are listed below. The evaluation of the presence of these
indicators shall consist of an analysis of the plan or plan
amendment within the context of features
and characteristics unique to each locality in order to determine
whether the plan or plan amendment:
Review of Indicators 1. Low Intensity Development:
Promotes, allows, or designates for development substantial areas
of the jurisdiction to develop as low- intensity, low-density, or
single-use development or uses.
This indicator does not apply. The requested SR and MCR future land
use designations will provide for a mixed-use project at medium
intensity and density.
2. Urban Development in Rural Areas:
Promotes, allows, or designates significant amounts of urban
development to occur in rural areas at substantial distances from
existing urban areas while not using undeveloped lands that are
available and suitable for development.
This indicator does not apply. The requested designation in this
geographic area will provide for development of a suburban nature
within 3-miles of the City’s urban core. Available and suitable
undeveloped lands of comparable acreage and access do not exist
within the City’s urban core. The sites are contiguous to existing
urban density residential and commercial areas.
3. Strip or Isolated Development:
Promotes, allows, or designates urban development in radial, strip,
isolated, or ribbon patterns generally emanating from existing
urban developments.
This indicator does not apply. The requested future land use does
not designate urban development in a radial, strip, isolated or
ribbon pattern emanating from existing urban development. The site
is located approximately three miles from the City’s downtown core.
The property fronts on a major arterial roadway (SR 44) in an area
where surrounding properties have Mixed Commercial Residential,
Urban Residential, and Suburban Residential (city) future land use
designations, and Urban Low and Rural Transitional (county) future
land use designations. The properties are contiguous to a platted
subdivision. The proposed designations are consistent with the
existing designations in the surrounding area.
4. Natural Resources Protection:
Fails to adequately protect and conserve natural resources, such as
wetlands, floodplains, native vegetation, environmentally sensitive
areas, natural groundwater aquifer recharge areas, lakes, rivers,
shorelines, beaches, bays, estuarine systems, and other significant
natural systems.
This indicator does not apply. The site does not appear to contain
natural resources in need of protection. There is a small wetland
area near the southeast corner of the site. The City requires
protection of wetland areas within the City’s LDR’s. A gopher
tortoise relocation permit will be necessary. Other indications of
natural resources and ecosystems on the site in the general area
are not apparent. However, the Comprehensive Plan and the Land
Development Regulations include standards for protection of
environmentally sensitive lands that would apply should conditions
at the time of development warrant such protection.
5. Agricultural Area Protection:
Fails to adequately protect adjacent agricultural areas and
activities, including silviculture, active agricultural and
silvicultural activities, passive agricultural activities, and
dormant, unique, and prime farmlands and soils.
This indicator does not apply. The site is not prime farmland and
has no unique soils. Soils on the site have been altered and
compacted due to prior site management activities. Although part of
the site is currently hay acreage, it is also adjacent to
residential subdivisions and homesteads with limited agricultural
uses. The remaining land has been altered for urban development
through the installation of roads, sewer and water
infrastructure.
6. Public Facilities: Fails to maximize use of existing public
facilities and services. This indicator does not apply. City water
and wastewater services are available to the site along SR 44 and
Estes Road. Adequate capacity is available to serve future
development consistent with the requested MCR and SR future land
use designations. SR 44 has sufficient capacity to serve a
mixed-use development on this site. Upon annexation, the City will
also provide other services such as fire and police protection,
library services, parks and recreation. The City provides these
services to other properties in the area, so efficiency will
improve.
7. Cost Effectiveness and Efficiency of Public Facilities: Allows
for land use patterns or timing which disproportionately increase
the cost in time, money, and energy of providing and maintaining
facilities and services, including roads, potable water, sanitary
sewer, stormwater management, law enforcement, education, health
care, fire and emergency response, and general government.
This indicator does not apply. Adequate capacity is available to
serve future development consistent with the requested MCR and SR
future land use designations. Expansion of existing water/sewer
mains are not necessary for this site. The developer will provide
water/sewer connectors to either site. The City provides these
services to other properties in the area, so efficiency will
improve.
8. Separation of Urban and Rural:
Fails to provide a clear separation between rural and urban
uses.
This indicator does not apply. The mixed-use character of the MCR
and SR land use designations and the Suburban Corridor and Suburban
Neighborhood Design Districts form an appropriate transition from
the Urban Core to the rural unincorporated areas on the eastern
edges of the Eustis Planning Area. These properties are adjacent to
platted subdivisions, and development activities have already
occurred to demarcate the properties in this area as
suburban.
9. Infill and Redevelopment:
Discourages or inhibits infill development or the redevelopment of
existing neighborhoods and communities.
This indicator does not apply. Previous county approvals were given
to a portion of the property (28.05 acres owned by M&A, LLC).
Development had begun but did not finish. An abandoned development
that will be finished is the definition of infill and
redevelopment. The remaining property is contiguous to platted lots
and is a natural extension of the municipal boundary. As there are
existing water and sewer lines that serve developments further
north and east of the property, this property can be classified as
infill development.
10.Functional Mix of Uses: Fails to encourage a functional mix of
uses.
This indicator does not apply. By virtue of the requested MCR and
SR future land use designation, mixed uses will be permitted and
encouraged. The new residential properties will be served by the
new contiguous commercial uses.
11.Accessibility among Uses: Results in poor accessibility among
linked or related land uses.
---
12.Open Space:
Results in the loss of significant amounts of functional open
space.
This indicator does not apply. The vacant property, as it exists,
does not provide functional open space, such as trails, parks or
public access, so any future development will not result in a loss.
Future development under the MCR and SR land uses will include
dedicated open space including parks, consistent with the LDR and
Comprehensive Plan requirements.
13.Urban Sprawl:
The future land use element or plan amendment shall be determined
to discourage the proliferation of urban sprawl if it incorporates
a development pattern or urban form that achieves four or more of
the following: a. Direction of Growth:
Directs or locates economic growth and associated land development
to geographic areas of the community in a manner that does not have
an adverse impact on and protects natural resources and
ecosystems.
The site is located approximately three miles from the City’s
downtown core; fronts a major arterial roadway (SR 44) and is
located in a geographic area where surrounding properties already
have been approved for residential and commercial development.
Indications of natural resources and ecosystems on the site in the
general area are not apparent. However, the Comprehensive Plan and
the Land Development Regulations include standards for protection
of environmentally sensitive lands that would apply should
conditions at the time of development warrant such
protection.
b. Efficient and Cost-Effective Services: Promotes the efficient
and cost-effective provision or extension of public infrastructure
and services.
City water and wastewater services are available to the site along
SR 44 and Estes Road. Adequate capacity is available to serve
future development consistent with the requested MCR and SR future
land use designations. The transportation network has sufficient
capacity to serve a mixed-use development, up to and including the
maximum
development potential, on this site. Upon annexation, the City will
also provide other services such as fire and police protection,
library services, parks, and recreation. The City provides these
services to other properties in the area, so efficiency will
improve.
c. Walkable and Connected Communities: Promotes walkable and
connected communities and provides for compact development and a
mix of uses at densities and intensities that will support a range
of housing choices and a multimodal transportation system,
including pedestrian, bicycle, and transit, if available.
The MCR future land use designation, coupled with a Suburban
Corridor design district, provides for housing choices including
residential dwellings in mixed use building types up to a maximum
density of 12 dwelling units per acre (subject to compatibility
requirements based on adjacent densities). A mix of uses including
residential, civic and commercial (maximum intensity of 0.35 floor
area ratio) would be permitted. The adjoining SR future land use
and Suburban Neighborhood Design district will be subject to Land
Development Regulations including pedestrian network standards and
block structure to ensure compact development.
d. Water and Energy Conservation: Promotes conservation of water
and energy. Future design of the project may include water and
energy conservation measures; however, those details are not
available at this time.
e. Agricultural Preservation: Preserves agricultural areas and
activities, including silviculture, and dormant, unique, and prime
farmlands and soils. Not applicable; the southern half of this site
does not support active agricultural or silvicultural activities.
The northern half has an agricultural exemption. The site is still
used to graze cattle, however there are no prime soils and the land
has been impacted by the cattle operation.
f. Open Space: Preserves open space and natural lands and provides
for public open space and recreation needs.
The Land Development Regulations (LDRs) require that all new
residential developments incorporate land for parks for the
residents of the development and that all development include
dedicated open space consistent with the LDR and Comprehensive Plan
requirements.
g. Balance of Land Uses: Creates a balance of land uses based upon
demands of the residential population for the nonresidential needs
of an area. A mixed-use development in this area of the City could
provide convenient commercial and professional services to serve
the current and future residents of Eustis
h. Urban Form Densities and Intensities: Provides uses, densities,
and intensities of use and urban form that would remediate an
existing or planned development pattern in the vicinity that
constitutes sprawl or if it provides for an innovative development
pattern such as transit-oriented developments or new towns as
defined in s. 163.3164. Not applicable. The site is contiguous to
the City limits or to subdivided residential properties.
In Accordance with Comprehensive Plan Future Land Use Element
Appendix: All applications for a Plan amendment relating to the
development patterns described and supported within the Plan
including, but not limited to, site specific applications for
changes in land use designations, are presumed to involve a
legislative function of local government which, if approved, would
be by legislative act of the City and shall, therefore, be
evaluated based upon the numerous generally acceptable planning,
timing, compatibility, and public facility considerations detailed
or inferred in the policies of the Plan. Each application for an
amendment to the Map #1: 2035 Future Land Use Map by changing the
land use designation assigned to a parcel of property shall also be
reviewed to determine and assess any significant impacts to the
policy structure on the Comprehensive Plan of the proposed
amendment including, but not limited to, the effect of the land use
change on either the internal consistency or fiscal structure of
the Plan.
Major Categories of Plan Policies:
This Plan amendment application review and evaluation process will
be prepared and presented in a format consistent with the major
categories of Plan policies as follows:
1. General Public Facilities/Services:
Since the Plan policies address the continuance, expansion and
initiation of new government service and facility programs,
including, but not limited to, capital facility construction, each
application for a land use designation amendment shall include a
description and evaluation of any Plan programs (such as the effect
on
a. Emergency Services Analysis:
The subject property is located approximately three miles from the
downtown core. Eustis emergency services already provide emergency
response to other properties in the area. Additionally, City fire
service is approximately 3.75 miles from the subject property. Any
development consistent with the MCR and SR future land use
designations would not have a significant negative impact on the
operations of Eustis emergency services.
b. Parks & Recreation:
In 2010, the City prepared a Park Inventory and Level of Service
Demand and Capacity analysis as part of the Comprehensive Plan
Evaluation and Appraisal Report. The results show that a surplus of
park area exists up to and beyond the City’s population reaching
20,015.
Parks Level of Service Demand and Capacity
Year Population LOS Required acreage
Existing Acreage
Surplus/ (Deficiency)
2009/ 10
20,015 60.05 453.76 393.72
Furthermore, the Land Development Regulations require that all new
residential developments incorporate parks for the residents of the
development to ensure that the City maintains this level of
service.
c. Potable Water & Sanitary Sewer:
Water and sewer are available to the subject property. The
following outlines the water and wastewater demand based on a
maximum development potential scenario. Maximum densities and
intensities
will not be achieved in all cases. Compatibility standards and
other Land Development Regulations, including those regulating the
interaction between land use districts and design districts, as
related to each specific site’s unique characteristics, will
determine actual achievable densities and intensities.
Potential Theoretical Maximum Residential Demand • 366 Dwelling
Units • Water – 366 x 300 GPD = 109,800 GPD • Wastewater – 366 x
250 GPD = 91,500 GPD
Potential Theoretical Maximum Non-residential Demand • 110,838 SF
Retail /100 SF per ERU = 1,108 ERU • 1,108 ERU’s x 0.05 ERU FACTOR
= 55.4 • Water – 55.4 x 300 GPD = 16,650 GPD • Wastewater – 55.4 x
250 GPD = 13,875 GPD
Total Theoretical Maximum Demand
• Water = 109,800 + 16,650 = 126,450 g/d • Wastewater = 91,500 +
13,875 = 105,375 g/d
According to the City of Eustis Public Works Department, water and
wastewater capacity is available to serve up to and including the
maximum development potential.
d. Schools: The proposed change will not negatively impact schools.
The Lake County Public Schools Growth Impact Report will be
provided on request.
e. Solid Waste: The City contracts with Waste Management for
hauling of solid waste. The company already services properties in
the general area of the subject property. Serving this property
will increase efficiency in delivery of services. f.
Stormwater:
The Comprehensive Plan and Land Development Regulations include
level of service standards to which new development must adhere.
Projects designed to meet these standards will not negatively
affect the existing facilities and services.
g. Transportation Network Analysis:
(Institute of Traffic Engineers Trip Generation Manual, 10th
Edition). The following estimates are based on the difference
between the theoretical maximum development potential and
previously approved development by the county. Actual build-out
conditions will be determined by residential compatibility, minimum
open space requirements and maximum impervious surface area
requirements.
Lake Sumter MPO traffic segment analyses already account for
existing land uses along the roadways. So, in preparing this
analysis, staff used the difference between the maximum number of
dwelling units, and the maximum commercial square footage currently
allowable under the Lake County designation versus what would be
allowed with a Eustis MCR and SR future land use. (See item 5.C.
for full comparison): 1) Trip Generation for Residential Component
of MCR and SR
As the future development housing type is yet to be determined,
staff utilized Land Uses ITE #210 (single family) and ITE # 220
(Multi-family low-rise) for purposes of estimating the general
trips for the residential component of the proposed MCR and SR
parcels. Land Use 210 (single family): Single-family detached
housing includes all single-family detached homes on individual
lots. A typical site surveyed is a suburban subdivision. Land Use
220 (multi-family): Low-rise multifamily housing includes
apartments, townhouses, and condominiums located within the same
building with at least three other dwelling units and that have one
or two levels (floors).
Maximum densities and intensities will not be achieved in all
cases. Compatibility standards and other Land Development
Regulations, including those regulating the interaction between
land use districts and design districts, as related to each
specific site’s unique characteristics, will determine actual
achievable densities and intensities.
Possible Additional Dwelling Units:
• SR: 35 acres x 5 du/ac = 175 du and 20.78 x 5 = 104 (total 279
du)
• County: 35 x 4 = 140 du and 20.78 x 4 = 83 (total 223 du) • SR
difference = 56 • MCR: 7.27 acres x 12 du = 87 du • Total potential
additional dwelling units = 143 du
PM Peak Hour
• 210: 1.0 trips/du x 56 du = 56 trips • 220: 0.67 trips/du x 87 =
58 trips • Total potential additional PM Peak hour trips: 114
residential
trips
The residential trips will be split among Orange Avenue and Estes
Road, reducing the number of PM Peak Hour trips on each
roadway.
2) Trip Generation for Commercial Component of MCR Land Use 820
(Commercial): A shopping center is an integrated group of
commercial establishments that is planned, developed, owned, and
managed as a unit. A shopping center’s composition
is related to its market area in terms of size, location, and type
of store. A shopping center also provides on-site parking
facilities sufficient to serve its own parking demands.
Estimated Additional Commercial/Office Square Footage: 0
The County allows the same amount of square footage based upon a
Floor Area Ratio (FAR). Therefore, there are no new trips for the
commercial portion of the properties.
At this time, the adjacent transportation network has the capacity
to serve the proposed MCR and SR property, even at a maximum
development scenario (only a potential of 114 additional PM peak
hour trips than allowable and accounted for under the current Lake
County future land use). During the site plan/preliminary plat
review, a detailed and up-to-day traffic analysis will be done to
determine projected peak hour trips and necessary road improvements
if any.
2. Natural Resources/Natural Features: The policies of the Plan
also contain general regulatory guidelines and requirements for
managing growth and protecting the environment. These guidelines
will be used to evaluate the overall consistency of the land use
amendment with the Comprehensive Plan. Specifically each amendment
will be evaluated to 1) determine the existence of groundwater
recharge areas; 2) the existence of any historical or
archaeological sites; 3) the location of flood zones and the
demonstration that the land uses proposed in flood-prone areas are
suitable to the continued natural functioning of flood plains; and
4) the suitability of the soil and topography to the development
proposed.
a. Ground water recharge areas:
The subject property is located in a high recharge area >12
inches per year; minimum open space requirements will apply.
b. Historical or archaeological sites:
The City does not have any record of Florida Master Site Files
related to this property and no known historical or cultural
resources exist. Should any historical sites or archaeological
sites be uncovered during future development, work in the vicinity
shall cease until the proper authorities can be contacted and an
evaluation conducted.
c. Flood zones:
The MCR portion of the properties have a small flood zone in the
southeast corner associated with the wetland. The remainder of the
properties are not within nor near any floodplains.
d. Soil and topography: The primary onsite soils include Candler
sand, 0-5% slopes, Tavares sand, 0-5% slope, which are the vast
majority of the soils. The soils are suitable for urban development
and have been highly altered or impacted, especially within the MCR
and southern SR areas. The land is gently sloping up to 5% but in
no particular direction. According to
Lake County’s online Topography Map, it appears the site’s
elevations range from 170 ft. to 155 ft. above mean sea level.
Future development type and foundations will be dependent
on/determined by soil borings conducted as part of the project
design process.
3. Comprehensive Plan Review: Additional criteria and standards are
also included in the Plan that describe when, where and how
development is to occur. Plan development policies will be used to
evaluate the appropriateness of the compatibility of the use,
intensity, location, and timing of the proposed amendment.
The current Lake County future land use designations are Urban Low
and Rural Transitional. The property owners have requested City
Mixed Commercial Residential (MCR) and Suburban Residential (SR)
land use designations within the City of Eustis. The evaluation
below supports the requested designation.
a. Review of Surrounding Properties
The Eustis land use designation to the south and southwest is Mixed
Commercial Residential (MCR) with a maximum density of 12 dwelling
units per acre (du/ac) and a Floor Area Ratio (FAR) of 0.35.
The Lake County future land uses to the north, east and west are
designated as Urban Low and Rural Transitional on the Lake County
Future Land Use Map.
The Urban Low district permits a density of up to 4 du/ac.
“The Rural Future Land Use Series is established to identify areas
within Lake County where rural character and agricultural potential
shall be preserved and enhanced; a reduced level of investment for
public facilities is required due to rural patterns of development
and levels of service; and environmental qualities shall be
protected by limiting density and intensity.”
This geographic area also has Urban Residential future land use
designations (Brookshire), and has developed with suburban
character. The subject properties are served with public facilities
and levels of service are not rural in nature.
b. Comparison of Lake County Development Conditions
(To proposed Maximum Development Potential under Mixed
Commercial/Residential, and Suburban Residential Future Land Use
Designations):
The existing Lake County future land use designation of the parcels
are Urban Low and Rural Transitional, which provides for a range of
residential development in addition to civic, commercial and office
uses at an appropriate scale and intensity to serve this category.
Allowable
density and intensity in Urban Low is a maximum of 4 dwelling units
per acre and intensity of 0.25 to 0.35 floor area ratio, with the
sum of residential density and non-residential intensity not
exceeding 100%. Under Rural Transitional, the maximum density under
PUD is 2 dwelling units per acre. At the maximum density/intensity
with a mixed-use under Lake County designations, development on the
M&A LLC parcel at 50% residential/50% commercial, a potential
for 40 du and 152,460 sq. ft. commercial/office would exist. The
County previously approved a development for this site with 75
dwelling units and up to 110,838 sq. ft. of commercial per the
underlying zoning district. The maximum density/intensity for the
Charlie Johnson Builders parcel under the Lake County designation
is 70 units. The proposed City of Eustis future land use
designations are Mixed Commercial Residential (MCR) and Suburban
Residential (SR). MCR is intended to regulate the character and
scale of commercial uses so as to minimize impacts on adjacent
roadways and to promote their compatibility with adjacent or nearby
residential uses. SR is intended to provide for a mix of
single-family detached, patio homes and townhouse dwellings in a
suburban atmosphere and may also include assisted living, parks,
recreations facilities and schools. Residential densities in MCR
may not exceed 12 dwelling units per acre (subject to compatibility
requirements based on adjacent densities) and the maximum intensity
is 0.35 FAR. The Comprehensive Plan provides for mixed uses with an
anticipated range of 15% to 25% of the acreage as residential and
75% to 85% Commercial. The SR designated properties can be
developed with a mix of single-family residences up to 5 du/ac.
Maximum Development Scenario:
With a Eustis MCR and SR designation, one possible maximum
development scenario is as follows:
MCR • Multi-family units (7.27 acres x 12 du/ac = 87 units), plus •
Commercial sq. ft. (316,681 sq. ft. x 0.35 FAR = 110,838 sq.
ft.)
SR • Single Family units (20.78 ac + 35 ac) x 5 = 279 du
The county designations could produce more commercial sq. ft. than
the City: 152,460 sq. ft. in the County compared to 110,838 sq. ft.
in the City. The County residential would amount to 75 units
compared to the City’s 279 units. However, the County has approved
75 units on the property formerly known as Pebble Creek, equaling a
density of 9.88 du/acre, which is consistent with the Eustis Mixed
Commercial/Residential designation.
c. Proposed Residential Land Uses.
The City shall limit these uses adjacent to incompatible commercial
or industrial lands unless sufficient mitigation, such as buffering
and setbacks is provided and available, which lessens the impact to
the proposed residences.
Not applicable.
d. Proposed Non-Residential Land Uses.
The City shall generally not permit new industrial uses to be
located adjacent to existing or planned residentially designated
areas.
Not applicable.
4. Transportation:
Each application for a land use designation amendment will be
required to demonstrate consistency with the Transportation Element
of the adopted Comprehensive Plan.
The proposed land use designation is consistent with the
Transportation Element. As described above, the roadway network can
accommodate even the maximum development scenario on this parcel.
The Land Development Regulations require pedestrian
connectivity.
5. Water Supply: Each application for a land use designation
amendment will be required to demonstrate that adequate water
supplies and associated public facilities are (or will be)
available to meet the projected growth demands.
Public utilities and services are available. Refer to 5.A. above
for more information. The City’s adopted Water Supply Plan
anticipated additional growth consistent with this development, so
both supply and capacity are available.
In Accordance with Chapter 102-16(f), Land Development
Regulations
Standards for Review: In reviewing the application of a proposed
amendment to the comprehensive plan, the local planning agency and
the city commission shall consider:
a. Consistent with Comprehensive Plan:
Whether the proposed amendment is consistent with all expressed
policies the comprehensive plan.
The proposed amendment is consistent with the Comprehensive Plan.
See analysis above under item 5, A through D.
b. In Conflict with Land Development Regulations:
Whether the proposed amendment is in conflict with any applicable
provisions of these land development regulations.
The proposed amendment is not in conflict with the Land Development
Regulations. At the time of development, there will be further
review for compliance.
c. Inconsistent with Surrounding Uses:
Whether, and the extent to which, the proposed amendment is
inconsistent with existing and proposed land uses.
The MCR future land use designation is consistent with other land
use designations along the CR 44 corridor because it is intended to
provide for residential development combined with commercial
development that has a character and scale that promotes
compatibility with adjacent or nearby residential uses. The MCR
uses would provide commercial support for previously approved
residential development in the area. See also Review of Surrounding
Properties under item 5.C. above, which outlines the CR 44
designations and demonstrates that the MCR future land use
designation is consistent with other properties on this
corridor.
The SR designation is consistent with City designation of
properties in this area (most are SR, which the exception of
Brookshire, which is Urban Residential). The suburban densities
adjacent to existing lower density residential will be mitigated
through design as outlined in the City’s LDR’s.
d. Changed Conditions:
Whether there have been changed conditions that justify an
amendment.
The applicant wishes to annex the property into the City limits of
Eustis. Assignment of a City of Eustis future land use designation
is required. Upon annexation, the subject property will have a full
array of municipal services, including central water and
wastewater. These changed conditions warrant a change in the land
use designation.
e. Demand on Public Facilities:
Whether, and the extent to which, the proposed amendment would
result in demands on public facilities, and whether, or to the
extent to which, the proposed amendment would exceed the capacity
of such public facilities, infrastructure and services, including,
but not limited to police, roads, sewage facilities, water supply,
drainage, solid waste, parks and recreation, schools, and fire and
emergency medical facilities.
City water and wastewater services are available to the site along
CR 44. Adequate capacity is available to serve future development
consistent with the requested Mixed Commercial Residential and
Suburban Residential future land use designations. SR 44 has
sufficient capacity to serve a mixed-use development on this site.
Upon annexation, the City will also provide other services such as
fire and police protection, library services, parks, and
recreation. The City provides these services to other properties in
the area, so efficiency will improve. See attached Lake County
Public Schools Growth Impact Report, which indicates the change
will not negatively impact schools.
f. Impact on Environment:
Whether, and the extent to which, the proposed amendment would
result in significant impacts on the natural environment.
The Comprehensive Plan and the Land Development Regulations include
standards for protection of environmentally sensitive lands that
would apply should conditions at time of development warrant such
protection.
g. Orderly Development Pattern:
Whether, and the extent to which, the proposed amendment would
result in an orderly and logical development pattern, specifically
identifying any negative effects on such pattern.
Future land use designations of properties within the City limits
fronting on SR 44 include Mixed Commercial/Residential, Urban
Residential and Suburban Residential. Lake County properties are
designated Urban Low and Rural Transitional. The requested MCR and
SR future land use designations, provides for a consistent
development transect and transition to more rural areas to the east
of the Eustis joint planning area.
h. Public Interest and Intent of Regulations:
Whether the proposed amendment would be consistent with or advance
the public interest, and in harmony with the purpose and intent of
these land development regulations.
The purpose and intent of the Land Development Regulations is as
follows:
“The general purpose of this Code is to establish procedures and
standards for the development of land within the corporate
boundaries and the planning area of the city, such procedures and
standards being formulated in an effort to promote the public
health, safety and welfare and enforce and implement the city's
comprehensive plan, while permitting the orderly growth and
development with the city and Eustis planning area consistent with
its small town community character and life style”
The proposed MCR and SR future land use designation for the subject
parcels will provide for orderly growth and development. The MCR
designation is intended to “regulate the character and scale of
commercial uses so as to minimize their impacts on adjacent
roadways and to promote their compatibility with adjacent or nearby
residential uses.” The SR designation would allow for a mix of
single-family residential types at a suburban density. This
designation would advance the public interest by providing housing
options and commercial services, and application of the LDRs to the
future development will ensure consistency with the community
character and lifestyle.
i. Other Matters:
Any other matters that may be deemed appropriate by the local
planning agency or the city commissioners, in review and
consideration of the proposed amendment.
The requested SR and MCR designations are appropriate for municipal
development. Lake County does not provide central water and
wastewater, so its land use designation would reflect that lack of
urban services. Properties within the Eustis Planning Area,
however, have been identified for inclusion in
the City’s service plans; have been deemed appropriate for
annexation; and as such, would warrant a more appropriate municipal
land use designation than that of the County.
Applicable Policies and Codes 1. Resolution No. 87-34 Joint
Planning Area Agreement with Lake County: “The City and the County
agree that the unincorporated areas adjacent to the City might be
appropriately served by urban services provided by the City, and
might therefore be annexed into the City in accordance with State
law…….The City agrees to annex property in accordance with State
law and provide adequate urban services and facilities to serve
those areas within the Joint Planning Area.”
2. Land Development Regulations Section 109-2.6:
The MCR land use “is intended to regulate the character and scale
of commercial uses so as to minimize their impacts on adjacent
roadways and to promote their compatibility with adjacent or nearby
residential uses.”
3. Land Development Regulations Section 109-2.3 and 109-2.6
Suburban residential compatibility. (1) The maximum residential
density permitted within any suburban design district shall be
consistent with the maximum density of the applicable land use
district assigned to each individual property.
(3) Transitions within a design district and adjacent to another
design district. Edge condition standards. When any suburban design
district abuts an existing development, whether residential or
commercial, the following shall occur: a. The new residential
building lot typologies that are proposed adjacent to existing or
platted residential lots may not be smaller than 85 percent of the
lot width or intensity of the existing adjacent residential
lot(s).
b. Nonresidential building lot typologies that are adjacent to
existing residential may be permitted if utilizing the minimum lot
requirements. If lot requirements exceed the minimum, a masonry
wall and landscape shall be required or a street or alley may be
sufficient in buffering. This determination shall be given during
site plan review by the development services director.
Mixed commercial/residential district (MCR). This land use
designation is intended to regulate the character and scale of
commercial and residential uses so as to minimize their impacts on
adjacent roadways and to promote their compatibility with adjacent
or nearby land uses, and provide for mixed use development.
Alternatives: 1. Transmit the large-scale map amendments
2019-CPLU-05 and 2019-CPLU-06 to the City Commission for
action.
2. Do not transmit the map amendment.
Discussion of Alternatives: Alternative 1 approves the
transmittal.
Advantages: • The land use designation is consistent with the
proposed use of the property and the Suburban character of the
surrounding area.
• The action is consistent with the goals, objectives, and policies
of the Comprehensive Plan.
Disadvantages:
• There are no disadvantages to transmitting the amendments.
Alternative 2 does not transmit the amendments.
Advantages:
• The LPA could consider a different designation for the
properties. Disadvantages:
• The applicant could decide to delay annexation and/or future
development of the parcels.
Community Input The department has notified surrounding property
owners within 500 feet of the site; placed the proper legal
advertisements in the newspaper; and posted the site. The
department has received two responses from residents or adjacent
property owners.
Budget / Staff Impact: There would be no direct costs to the City
beyond the normal City services. There would be no additional staff
time beyond the normal review process.
Reviewed By: Lori Barnes, AICP, CPM, Development Services Director
Prepared By:
Roland D. Magyar, AICP, Senior Planner
Attachments:
Surrounding Property Owner Notice of Hearing, and
Advertisements
Lake County Schools Adequate Public Facilities Determination will
be provided on request.
ORDINANCE NO. 19-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF EUSTIS, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF EUSTIS
COMPREHENSIVE PLAN PURSUANT TO 163.3187(1) F.S.; CHANGING THE
FUTURE LAND USE DESIGNATION OF APPROXIMATELY 63.05 ACRES OF
RECENTLY ANNEXED REAL PROPERTY LOCATED ON LAKE LINCOLN LANE EAST OF
ESTES ROAD AND E. ORANGE AVENUE AT SR 44 FROM URBAN LOW AND RURAL
TRANSISTIONAL IN LAKE COUNTY TO SUBURBAN RESIDENTIAL (SR) AND MIXED
COMMERCIAL RESIDENTIAL (MCR) IN THE CITY OF EUSTIS.
WHEREAS, Ordinance 19-17 annexed certain real property into the
corporate limits of the City of Eustis; and
WHEREAS, M & A, LLC and Charlie Johnson, the owners of said
properties as more particularly described herein has submitted an
application (2019-CPLU-05 and 2019-CPLU-06) requesting a future
land use designation of Suburban Residential (SR) and Mixed
Commercial Residential (MCR); and
WHEREAS, on June 20, 2019, the Land Planning Agency held a Public
Hearing to consider the adoption of a Large Scale Future Land Use
Amendment for this change in designation; and
WHEREAS, on June 20, 2019 , the City Commission held the first of
two required Public Hearings to accept the Land Planning Agency’s
recommendation to adopt the Large Scale Future Land Use Amendment
contained herein, and approved Transmittal to the Florida
Department of Economic Opportunity; and
WHEREAS, the Florida Department of Economic Opportunity has
reviewed the proposed change to the Comprehensive Plan and Future
Land Use Map without objection; and
WHEREAS, on September 19, 2019 , the City Commission held the
second Public Hearing to consider the adoption of the Large Scale
Future Land Use Amendment contained herein;
NOW, THEREFORE, THE COMMISSION OF THE CITY OF EUSTIS HEREBY
ORDAINS:
SECTION 1. Land Use Designation That the Future Land Use
Designation of the real properties as described below shall be
changed from Lake County Urban Low and Rural Transition to Suburban
Residential (SR) and Mixed Commercial Residential (MCR) within the
City of Eustis:
PARCEL 1-A COMMERCIAL SITE
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 19 SOUTH, RANGE 27
EAST, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 8; THENCE NORTH 00°44’51” EAST TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD S-44-A,
85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG SAID NORTH
RIGHT-OF-WAY LINE, 54.36 FEET TO THE POINT OF BEGINNING; THENCE
FROM THE BEGINNING OF RIGHT CURVE
Ordinance No. 19-18 M&A C Johnson Page 1 of 7
FROM WHICH THE RADIUS POINT BEARS NORTH 00°00’03” WEST, WESTERLY,
NORTHWESTERLY AND NORTHERLY A DISTANCE OF 39.27 FEET ALONG THE
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET AND A
CENTRAL ANGLE OF 90°00’03”; THENCE TANGENT TO SAID CURVE, NORTH
00°00’00” EAST, 109.71 FEET; THENCE NORTH 04°25’23”WEST, 77.84
FEET; THENCE NORTH 00°00’03” WEST, 24.00 FEET ; THENCE NORTHERLY
AND NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE
TO THE EAST, HAVING A RADIUS OF 250.00 FEET, A DELTA OF 23°57’31”,
AN ARC DISTANCE OF 104.54 FEET; THENCE NORTH 89°59’57” EAST, 199.63
FEET; THENCE NORTH 00°00’00” EAST, 89.55 FEET; THENCE NORTH
89°50’28” EAST, 53.82 FEET; THENCE SOUTH 00°00’03” EAST, 427.53
FEET; THENCE SOUTH 89°59’57” WEST, 244.00 FEET TO THE POINT OF
BEGINNING. SAID LANDS LYING IN LAKE COUNTY, FLORIDA.
PARCEL 1-B COMMERCIAL SITE
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 19 SOUTH, RANGE 27
EAST, LAKE COUNTY, FLORDIA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 8; THENCE NORTH 00°44’51” EAST TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD S-44-A,
85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG SAID NORTH RIGHT-
OF-WAY LINE, 298.36 FEET TO THE POINT OF BEGINNING; THENCENORTH
00°00’03” WEST. A DISTANCE OF 427.53 FEET; THENCE NORTH 89°50’28”
EAST, 437.36 FEET; THENCE SOUTH 00°44’51” WEST, 105.93 FEET; THENCE
SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET, A DELTA OF
49°29’47”, AN ARC DISTANCE OF 21.60 FEET; TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHWESTERLY AND SOUTHERLY A DISTANCE OF 32.90
FEET ALONE THE ARC OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 35.86 FEET AND A CENTRAL ANGLE OF 52°34’07”; THENCE SOUTH
08°57’32” EAST, 8.29 FEET; THENCE SOUTH 15°35’36” EAST, 76.97 FEET
TO A POINT ON THE ARC OF A NON-TANGENT CURVE (RADIAL LINE THRU SAID
POINT BEARS NORTH 81°16’26” EAST); THENCE SOUTHERLY ALONG THE ARC
OF SAID CURVE, BEING CONCAVE TO THE EAST HAVING A RADIUS OF 130.00
FEET, A DELTA OF 11°11’13”, AN ARC DISTANCE OF 25.38 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 19°54’47” EAST, 48.57 FEET; THENCE
SOUTHERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE
WEST, HAVING A RADIUS OF 70.00 FEET, A DELTA OF 20°39’38”, AN ARC
DISTANCE OF 25.24 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
00°44’51” WEST, 63.06 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND
WESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 35.00 FEET, A DELTA OF 89°15’06”, AN
ARC DISTANCE OF 54.52 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
89°59’57” WEST, 427.21 FEET TO THE POINT OF BEGINNING. SAID LANDS
LYING IN LAKE COUNTY, FLORIDA.
PARCEL 2 COMMERCIAL SITE
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 19 SOUTH, RANGE 27
EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARELY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 8; THENCE NORTH 00°44’51” EAST TO A
POINT ON THE NORTHERLY RIGHT-OF –WAY LINE OF STATE ROAD S-44-A,
85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG SAID NORTH RIGHT-
OF-WAY LINE, 845.58 FEET TO THE POINT OF BEGINNING; THENCE FROM THE
BEGINNING OF RIGHT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH
00°00’03” WEST, WESTERLY, NORTHWESTERLY AND NORTHERLY A DISTANCE OF
55.44 FEET ALONG THE CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 35.00 FEET ABD A CENTRAL ANGLE OF 90°44’54”; THENCE
TANGENT TO SAID CURVE, NORTH 00°44’51” EAST, 88.01 FEET; THENCE
NORTHERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE
WAST, Ordinance No. 19-18 M&A C Johnson Page 2 of 7
HAVING A RADIUS OF 130.00 FEET, A DELTA OF 20°39’38”, AN ARC
DISTANCE OF 46.88 FEET; THENCE TANGENT TO SAID CURVE, NORTH
19°54’47” WEST, 0.60 FEET; THENCE NORTH 89°59’57” EAST, 199.40
FEET; THENCE SOUTH 00°16’29” WEST, 170.00 FEET; THENCE SOUTH
89°59’57” WEST, 156.77 FEET TO THE POINT OF BEGINNING. SAID LANDS
LYING IN LAKE COUNTY, FLORIDA CONTAINING 7.27 ACRES, MORE OR
LESS.
which shall be changed from Urban Low in Lake County to Mixed
Commercial Residential (MCR) in the City of Eustis; and also
amended to address the Future Land Use Designation of the real
property described below:
Tax ID: 08-19-27-0002-000-01100
NE 1/4 OF NE 1/4 OF NW 1/4, E 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4, N
30 FT OF W 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4 ALL IN SECTION 8,
TOWNSHIP 19 SOUTH, RANGE 27 EAST, IN LAKE COUNTY, FLORIDA ORB 2842
PG 1078, AND
Tax ID: 08-19-27-0001-000-00400
W 1/2 OF NW 1/4 OF NE 1/4 OF SECTION 8, TOWNSHIP 19 SOUTH, RANGE 27
EAST, LAKE COUNTY, FLORIDA ORB 2831 PG 1333, AND
Tax ID: 08-19-27-0001-000-00501 and Tax ID:
08-19-27-0001-000-06700
THE WEST ¾ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 8,
TOWNSHIP 19 SOUTH, RANGE 27 EAST, LESS RIGHT OF WAY FOR STATE ROAD
NO. 44 AND LESS RIGHT OF WAY FOR ROAD ON WEST LESS THE
FOLLOWING:
(PARCEL 1-A COMMERCIAL SITE) A PORTION OF LAND LYING IN SECTION 8,
TOWNSHIP 19 SOUTH, RANGE 27 EAST, LAKE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 8; THENCE
NORTH 00°44’51” EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF STATE ROAD S-44-A, 85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG
SAID NORTH RIGHT-OF-WAY LINE, 54.36 FEET TO THE POINT OF BEGINNING;
THENCE FROM THE BEGINNING OF RIGHT CURVE FROM WHICH THE RADIUS
POINT BEARS NORTH 00°00’03” WEST, WESTERLY, NORTHWESTERLY AND
NORTHERLY A DISTANCE OF 39.27 FEET ALONG THE CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF
90°00’03”; THENCE TANGENT TO SAID CURVE, NORTH 00°00’00” EAST,
109.71 FEET; THENCE NORTH 04°25’23”WEST, 77.84 FEET; THENCE NORTH
00°00’03” WEST, 24.00 FEET ; THENCE NORTHERLY AND NORTHEASTERLY
ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE EAST, HAVING
A RADIUS OF 250.00 FEET, A DELTA OF 23°57’31”, AN ARC DISTANCE OF
104.54 FEET; THENCE NORTH 89°59’57” EAST, 199.63 FEET; THENCE NORTH
00°00’00” EAST, 89.55 FEET; THENCE NORTH 89°50’28” EAST, 53.82
FEET; THENCE SOUTH 00°00’03” EAST, 427.53 FEET; THENCE SOUTH
89°59’57” WEST, 244.00 FEET TO THE POINT OF BEGINNING. SAID LANDS
LYING IN LAKE COUNTY, FLORIDA.
(PARCEL 1-B COMMERCIAL SITE) A PORTION OF LAND LYING IN SECTION 8,
TOWNSHIP 19 SOUTH, RANGE 27 EAST, LAKE COUNTY, FLORDIA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 8; THENCE
NORTH 00°44’51” EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF STATE ROAD S-44-A, 85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG
SAID NORTH RIGHT-OF-WAY LINE, 298.36 FEET TO THE POINT OF
BEGINNING; THENCENORTH 00°00’03” WEST. A DISTANCE OF 427.53 FEET;
THENCE NORTH 89°50’28” EAST, 437.36 FEET; THENCE SOUTH 00°44’51”
WEST, 105.93 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC
OF A TANGENT CURVE, BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 25.00 FEET, A DELTA OF 49°29’47”, AN Ordinance No. 19-18 M&A
C Johnson Page 3 of 7
ARC DISTANCE OF 21.60 FEET; TO A POINT OF REVERSE CURVATURE; THENCE
SOUTHWESTERLY AND SOUTHERLY A DISTANCE OF 32.90 FEET ALONE THE ARC
OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 35.86
FEET AND A CENTRAL ANGLE OF 52°34’07”; THENCE SOUTH 08°57’32” EAST,
8.29 FEET; THENCE SOUTH 15°35’36” EAST, 76.97 FEET TO A POINT ON
THE ARC OF A NON-TANGENT CURVE (RADIAL LINE THRU SAID POINT BEARS
NORTH 81°16’26” EAST); THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE, BEING CONCAVE TO THE EAST HAVING A RADIUS OF 130.00 FEET, A
DELTA OF 11°11’13”, AN ARC DISTANCE OF 25.38 FEET; THENCE TANGENT
TO SAID CURVE, SOUTH 19°54’47” EAST, 48.57 FEET; THENCE SOUTHERLY
ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE WEST, HAVING
A RADIUS OF 70.00 FEET, A DELTA OF 20°39’38”, AN ARC DISTANCE OF
25.24 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 00°44’51” WEST,
63.06 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG THE
ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTHWEST, HAVING A
RADIUS OF 35.00 FEET, A DELTA OF 89°15’06”, AN ARC DISTANCE OF
54.52 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 89°59’57” WEST,
427.21 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN LAKE
COUNTY, FLORIDA.
(PARCEL 2 COMMERCIAL SITE) A PORTION OF LAND LYING IN SECTION 8,
TOWNSHIP 19 SOUTH, RANGE 27 EAST, LAKE COUNTY, FLORIDA, BEING MORE
PARTICULARELY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8; THENCE NORTH
00°44’51” EAST TO A POINT ON THE NORTHERLY RIGHT-OF –WAY LINE OF
STATE ROAD S-44-A, 85.10 FEET; THENCE NORTH 89°59’57” EAST ALONG
SAID NORTH RIGHT-OF-WAY LINE, 845.58 FEET TO THE POINT OF
BEGINNING; THENCE FROM THE BEGINNING OF RIGHT CURVE FROM WHICH THE
RADIUS POINT BEARS NORTH 00°00’03” WEST, WESTERLY, NORTHWESTERLY
AND NORTHERLY A DISTANCE OF 55.44 FEET ALONG THE CURVE CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET ABD A CENTRAL ANGLE OF
90°44’54”; THENCE TANGENT TO SAID CURVE, NORTH 00°44’51” EAST,
88.01 FEET; THENCE NORTHERLY ALONG THE ARC OF A TANGENT CURVE,
BEING CONCAVE TO THE WAST, HAVING A RADIUS OF 130.00 FEET, A DELTA
OF 20°39’38”, AN ARC DISTANCE OF 46.88 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 19°54’47” WEST, 0.60 FEET; THENCE NORTH 89°59’57”
EAST, 199.40 FEET; THENCE SOUTH 00°16’29” WEST, 170.00 FEET; THENCE
SOUTH 89°59’57” WEST, 156.77 FEET TO THE POINT OF BEGINNING. SAID
LANDS LYING IN LAKE COUNTY, FLORIDA CONTAINING 55.78 ACRES, MORE OR
LESS.
which shall be changed from Urban Low and Rural Transitional in
Lake County to Suburban Residential (SR) in the City of Eustis;
and
SECTION 2. Map Amendment and Notification That the Director of
Development Services shall be authorized to amend the Future Land
Use Map of the Comprehensive Plan to incorporate the change
described in Section 1 and provide appropriate notification in
accordance with Florida Statutes.
SECTION 3. Conflict That all Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Ordinance No. 19-18 M&A C Johnson Page 4 of 7
SECTION 4. Severability That should any section, phrase, sentence,
provision, or portion of this Ordinance be declared by any court of
competent jurisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole,
or any part thereof, other than the part so declared to be
unconstitutional or invalid.
SECTION 5. Effective Date That this Ordinance shall not become
effective unless and until the annexation of the subject property
becomes effective through approval of Ordinance No. 19-17. Further,
the effective date of this plan amendment, if the amendment is not
timely challenged, shall be 31 days after the Department of
Economic Opportunity notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment
shall become effective on the date the Department of Economic
Opportunity or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department
of Economic Opportunity.
PASSED, ORDAINED AND APPROVED in Regular Session of the City
Commission of the City of Eustis, Florida, this ___________ day of
_________________, 2019.
CITY COMMISSION OF THE CITY OF EUSTIS, FLORIDA
Michael L. Holland Mayor/Commissioner
CITY OF EUSTIS CERTIFICATION
STATE OF FLORIDA COUNTY OF LAKE
The foregoing instrument was acknowledged before me this ________
day of _______________, 2019, by Michael L. Holland, Mayor, and
Mary C. Montez, City Clerk, who are personally known to me.
Ordinance No. 19-18 M&A C Johnson Page 5 of 7
Notary Public - State of Florida
My Commission Expires:
Notary Serial No:
CITY ATTORNEY'S OFFICE
This document is approved as to form and legal content, but I have
not performed an independent Title examination as to the accuracy
of the Legal Description.
City Attorney's Office Date
CERTIFICATE OF POSTING
The foregoing Ordinance No. 19-18 is hereby approved, and I certify
that I published the same by posting one (1) copy hereof at City
Hall, one (1) copy hereof at the Eustis Memorial Library, and one
(1) copy hereof at the Eustis Parks and Recreation Office, all
within the corporate limits of the City of Eustis, Lake County,
Florida.
Mary C. Montez, City Clerk
- ., .... - - - - - -
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08-19-27-0001-000-00501 Alt Key 1069301
08-19-27-0001-000-06700 Alt Key 3881312
PLAN CHANGE CITY COMMISSION PUBLIC
HEARING NOTICE The City of Eustis proposes to adopt Future Land Use
Amendments 2019- CPLU-05 and 2019-CPLU-06 to the City of Eustis
Comprehensive Plan, by Ordinance No. 19-18 to change the Future
Land Use map of the property described below. The proposed Large
Scale Comprehensive Plan Amendment is described as follows:
ORDINANCE NO. 19-18: AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF EUSTIS, LAKE COUNTY, FLORIDA, AMENDING THE CITY OF EUSTIS
COMPREHENSIVE PLAN PURSUANT TO 163.3184 F.S.; CHANGING THE FUTURE
LAND USE OF APPROXIMATELY 63.05 ACRES OF RECENTLY ANNEXED REAL
PROPERTY LOCATED ON LAKE LINCOLN LANE EAST OF ESTES ROAD AND E.
ORANGE AVENUE AT SR 44 FROM URBAN LOW AND RURAL TRANSISTIONAL IN
LAKE COUNTY TO SUBURBAN RESIDENTIAL (SR) AND MIXED COMMERCIAL
RESIDENTIAL (MCR) IN THE CITY OF EUSTIS.
Public hearings on the proposal will be held as follows:
On June 20, 2019 at 5:50 p.m., the Local Planning Agency will meet
and hold a Public Hearing for the purpose of making recommendations
to the City Commission.
On June 20, 2019 at 6:00 p.m., City Commission, as part of its
regular meeting, will hold a Public Hearing for the purpose of
accepting the LPA recommendations and conduct the first reading of
the proposed Comprehensive Plan Amendment.
On September 19, 2019 at 6:00 p.m., the City Commission, as part of
its regular meeting, will hold a Public Hearing, for the purpose of
conducting the second reading of the Adoption Ordinance.
All meetings will be held in the City Commission Room at Eustis
City Hall, 10 N. Grove St., Eustis, FL. Interested parties may
appear at the meetings to be heard regarding the consideration of
the Comprehensive Plan Amendment.
The case file, complete legal description of the property, and
proposed ordinance will be available beginning approximately five
working days before the hearing from 8:00 a.m. to 5:00 p.m. at
Development Services, 4 N. Grove St., the Office of the City Clerk,
10 N. Grove St., or at www.eustis. org. Please contact our office
at 352-483-5460 if you have any questions.
If a person decides to appeal any decision made by the commission
with respect to any matter considered at such meeting or hearing,
he/she will need a record of the proceedings and that, for such
purposes, he/she may need to ensure that a verbatim record of the
proceedings is made, which includes the testimony and evidence upon
which the appeal is based (Florida Statutes, 286.0105). Persons
with disabilities needing assistance to participate in these
proceedings should contact the City Clerk at 352- 483-5430 at least
48 hours before the hearing date.
Roland D. Magyar, AICP, Senior Planner, Eustis, FL D048685 - June
6, 2019
Notice of Public Hearing
You are receiving this notice because you own property within 500
feet of a land development requests (see below). This is part of
the City’s notification process to inform the public of this
request. If you have questions regarding this request, please
contact us at 352-483-5460. If you have no questions or do not wish
to attend the meeting, you may disregard this notice.
TO: Surrounding Property Owners FROM: Roland D. Magyar, Senior
Planner DATE: June 6, 2019 RE: Notice of Quasi-Judicial Public
Hearing
Ordinance Nos.: 19-17, 19-18 and 19-19
Notice is hereby given for the following public hearings to be held
in the City Commission Chambers, City Hall, 10 N. Grove Street,
Eustis, FL, regarding Annexation and Future Land Use and Design
District map amendments of 63.05 acres of real property located at
E. Orange Avenue at SR 44 and Lake Lincoln Lane east of Estes Road.
1. The Local Planning Agency will hold a public hearing on June 20,
2019 at 5:50 PM, or as may
be continued at their discretion, to consider a change of land use
designation of the subject properties from Urban Low and Rural
Transition in Lake County to Mixed Commercial/Residential (MCR) and
Suburban Residential (SR) in the City of Eustis.
2. The Eustis City Commission will conduct two Quasi-Judicial
Public Hearings at 6:00 PM, or as may be continued at their
discretion, regarding the following ordinances on the following
dates:
Ordinance 19-17 is a voluntary annexation of 63.05 acres located at
E. Orange Avenue at SR 44 and Lake Lincoln Lane east of Estes Road.
Ordinance 19-18 is a large Scale Comprehensive Plan Amendment to
change the Future Land Use designations of said properties from
Urban Low and Rural Transition in Lake County to Mixed
Commercial/Residential (MCR) and Suburban Residential (SR) in the
City of Eustis. Ordinance 19-19 is the assignment of the Design
District designation of Suburban Corridor and Suburban Neighborhood
to these properties.
1st Reading 2nd Reading
A Location Map is provided on the reverse side.
The case file, complete legal description of the properties and
proposed ordinances will be available for examination beginning
approximately five working days before the hearing from 8:00 a.m.
to 5:00 p.m. at Development Services, 4 N. Grove St., the Office of
the City Clerk, 10 N. Grove St., or at www.eustis.org. Please
contact our office at (352) 483-5460 if you have any
questions.
2019-A-05; 2019-CPLU-05 2019-A-06; 2019-CPLU-06
If a person decides to appeal any decision made by any board,
agency, or commission with respect to any matter considered at such
meeting or hearing, he/she will need a record of the proceedings
and that, for such purposes, he/she may need to ensure that a
verbatim record of the proceedings is made, which includes the
testimony and evidence upon which the appeal is based (Florida
Statues, 286.0105).
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY
OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK AT (352) 483-
5430 AT LEAST 48 HOURS BEFORE THE DATE OF THE SCHEDULED
HEARING.
LOCATION MAP
Alt Key 2567236
ADA Ord. 19-18 M&A C Johnson
D048685 ORD 19-18