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.
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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