O-2017-42 CSR N� CITY OF CLERMONT
CMred Chzmpun ORDINANCE NO. 2017-42
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED
TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF
ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED
HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY,
EFFECTIVE DATE, AND PUBLICATION.
The City Council of the City of Clermont, Lake County, Florida hereby ordains that:
SECTION 1.
The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122
of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following
described property:
LEGAL DESCRIPTION
The Northwest 1/4 of Section 1, Township 23 South, Range 26 East, less the North 400 feet and
less the East 70 feet and less from the North 1/4 corner of section, run South 0°24'23" East along
the East line of the Northwest 1/4 a distance of 400 feet; thence South 89°45'17" West along the
South line of the North 400 feet of the Northwest 1/4 a distance of 1007.31 feet for Point of
Beginning;thence run South 23°44'13"West 92.02 feet;thence South 01°41'26"West 206.35 feet;
thence South 00°54'02" East 132 feet; thence South 89°45'17" West 1573.47 feet to West line of
said section; thence North 0°08'15" West along said West line 422.30 feet to South line of North
400 feet of the Northwest 1/4;thence North 89°45"17" East 1615.54 feet to the Point of Beginning
and less the South 33 feet for road right of way, and lying and being in Section 1, Township 23
South, Range 26 East, Lake County, Florida.
The above described tract of land contains 114.394 acres more or less.
LOCATION
3/ of a mile East of Heritage Hills Boulevard on Hartwood Marsh Road,
North of the intersection of Lovers Lane and Hartwood Marsh Road
Alternate Key 1593174
From: Urban Estate (UE)
To: Planned Unit Development(PUD)
1
d :
C
R NT CITY OF CLERMONT
Chsce d Charreons ORDINANCE NO. 2017-42
SECTION 2. Land Uses
This application for a Planned Unit Development to allow for single family residential
development; be granted subject to the following conditions:
1. A total of up to 323 single family residential dwelling units may be permitted on the site,
not to exceed a density of 2.97 units per acre within the project.
2. Development Standards: Development standards for the development of the residential
dwelling units shall be based on the size of the lot, as indicated in the table below. The
lot sizes may be adjusted over time to respond to market conditions. For example, 55 foot
wide lots may be utilized within the development without an amendment to this
document.
Design Item 50' Lot 60' Lot 75' Lot
Minimum Lot Area 5,500 sf 6,600 sf 9,000 sf
Minimum Living Area 1,500 sf 1,500 sf 1,500 sf
Minimum Lot Width 50' 60' 75'
Minimum Lot Depth 110' 110' 120'
Minimum Front Building 15' 15' 15'
setback
Minimum Front Garage 20' 20' 20'
Setback
Minimum Side Yard Setback 5' 5' 5'
Setback from Side Street 15' 15' 15'
Minimum Rear Yard Setback 15' 15' 20'
Minimum Building Separation 10' 10' 10'
Minimum Rear Yard Setback
for Pools, Patios, Decks,Screen 5' 5' 5'
Rooms or Ancillary Structures
Maximum Impervious Surface
Ratio (ISR) 0.75 0.75 0.75
Maximum Building Height 40' 40' 40'
Setbacks from High Water
Line, Mean High Water Line, or 50' 50' 50'
Jurisdictional Wetland Line
Minimum front yard easement 5' 5' 5'
Minimum side and Rear Yard 5' S' S'
Drainage and Utility Easement
2
S.
CLER' CITY OF CLERMONT
Chace of Champons ORDINANCE NO. 2017-42
3. Phasing of Development: The project may be developed in one or more phases.
4. The property shall be developed in substantial accordance with the Land Use Plan prepared
by Daly Design Group, Inc. dated August 2017 with a revised date of October 11, 2017,
attached hereto. Formal construction plans incorporating all conditions stated in this permit
shall be submitted for review and approved by the Site Review Committee prior to the
issuance of development permits.
5. The developer shall be allowed to construct up to five model homes prior to the recording
of the initial plat for this development with the approval of the City's Fire Marshal.
SECTION 3. Open Space
Open Space: A minimum of 25 percent of the net buildable area of the Planned Unit Development
shall be provided as open space in accordance with the Comprehensive Plan and Land
Development Code (LDC), as amended. Stormwater ponds, landscape tracts, buffers, common
areas and recreation tracts can be counted towards open space requirements. A waiver to Section
122-316(b)(4) has been granted to allow individual phases of the Planned Development to exceed
the overall density of the Planned Unit Development and to allow individual phases of the Planned
Unit Development to be developed without providing common open space in proportion to that
contained within the entire Planned Unit Development.
SECTION 4. Landscaping, Buffering, and Screening
1. A 20-foot wide buffer with a six foot masonry/pre-cast concrete wall will be installed along
the southern property line adjacent to the Hartwood Marsh Road right-of-way. The buffer
will also include a solid hedge and a minimum of three (3) canopy trees and five (5)
understory trees per 100 feet.
2. A fifty foot buffer is required along the eastern property line, which is a conservation area
owned by the Lake County Water Authority. This buffer shall consist of Florida Friendly
Landscaping and shall not contain exotic vegetation.
3. Per a private agreement between the developer and the land owner to the north, a wall and
landscaping will be provided on the north side and adjacent to the property retained by the
land owner.
4. No buffer is required along the western property line as this area is a conservation area on
the adjacent property.
5. All other landscaping, buffering, and screening requirements shall be in accordance with
the Land Development Code,as amended. Existing trees may be used to meet the landscape
buffer requirements in accordance with the Land Development Code, as amended.
3
CITY OF CLERMONT
CChoc:of Chornpons R ORDINANCE NO. 2017-42
SECTION 5. Environmental
1. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plan approval stage of the overall development. Applicable permits
for any gopher tortoises and associated burrow commensal species or other endangered
species found on the property must be received from the appropriate regulatory agencies
prior to the initiation of the development activity.
2. Wetlands on site shall be placed in a conservation easement with the recording of the final
plat for each phase of development.
3. The developer is required to notify homeowners of the Lake County Water Authority's
prescribed burn program occurring on Scrub Point Preserve. This shall be accomplished
through inclusion in the covenants and restrictions and other homeowner association
documents. As well, the homeowners shall be notified of the existing sand mine in close
proximity of the mine.
SECTION 6. Utilities.
1. The project shall be developed in accordance with the City of Clermont Utility Standards.
2. Any proposed City maintained utilities that are not located within a City maintained right-
of-way shall be placed in a utility easement dedicated to the City. Easements shall be
provided at no expense to the City.
3. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director will work with the developer at the time of site plan review to
determine the extent of fiber optic conduit. The City will reimburse the developer at 100
percent for all costs including design, permitting, materials, and construction of the fiber
optic conduit and pull boxes.
SECTION 7. Transportation Improvements/Access Management.
1. Primary site access shall be from Hartwood Marsh Road at the approximate location
shown on the land use plan. A secondary entrance shall also be provided onto Hartwood
Marsh Road and shall be for emergency vehicles only. The secondary emergency access
point shall be approved by the City's Fire Marshal and be constructed prior to the issuance
of the first building permit.
2. A waiver to Section 110-192(1)of the Land Development Code is granted to allow private
streets with gates. The developer or Home Owner's Association will maintain the streets
within the development.
4
CLERCITY OF CLERMONT
a ORDINANCE NO. 2017-42
3. A waiver to Section 110-193 of the Land Development Code is granted to allow for a 50-
foot right-of-way for the internal private street system within the development.
4. Sidewalks are to be constructed on both sides of residential streets internally, as well as
from the existing sidewalk on the west side of the property along Hartwood Marsh Road
to the eastern property boundary for the subdivision. A sidewalk on the south side of
Hartwood Marsh Road shall also be constructed the length of the property.
5. Any improvements to Hartwood Marsh Road shall be coordinated and approved through
Lake County Public Works Department. At a minimum, these shall include a roundabout
at the main entrance to the subdivision and paved shoulders within the limits of the offsite
road improvements. All of this is subject to review and approval by Lake County Public
Works Department.
6. Additional right-of-way dedication along Hartwood Marsh Road may be required by Lake
County Public Works. A detailed right-of-way survey for the Hartwood Marsh Road along
the property frontage will be required with plan and permit submittals.
7. Coordination between the developer and Lake County Solid Waste Office, Lake County
Public Works Department/Environmental Services Division, will be required to provide
gate access for trash and recycling service pickups for the adjacent parcels that currently
are accessing through Eddy Drive.
8. The development may have a pedestrian and road connection to the Lake County Water
Authority property, as shown on the Land Use Plan, with submission of written approval
from the Lake County Water Authority.
9. A Tier 3 Traffic Impact Study shall be completed and reviewed by the Lake-Sumter
Metropolitan Planning Organization. The study and comments shall be shared with all
jurisdictions within the traffic impact area. If the study identifies a deficiency in the Level
of Service of transportation facilities due to the proposed project, the developer shall be
required to participate in mitigation strategies.
10. Roadway Lighting: The developer shall arrange with the power utility provider for
installation of street lights along their property boundary adjacent to Hartwood Marsh
Road. The cost of installation shall be paid by the developer and shall be installed prior to
the first Certificate of Occupancy.
11. The development shall comply with all applicable County and Florida Department of
Transportation access management requirements.
SECTION 8. Schools
School concurrency shall be met before final plat approval in accordance with the Comprehensive
Plan and Land Development Code.
5
CLER NT CITY OF CLERMONT
Chace dcti„ ORDINANCE NO. 2017-42
SECTION 9.
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 10.
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 11.
This Ordinance shall be published as provided by law, and it shall become law and take effect
upon its Second Reading and Final Passage.
6
S
CITY OF CLERMONT
CChoice of Champores R ORDINANCE NO. 2017-42
Location map:
i
.� ,�` ,� Subject
, _ r, , L ; ,
Property
1
Hartwood Marsh Road _. w
na
LO.r .,I ' + L
l -. .
2
•nm..a.....
i 110100,1111Ee.wro RU i;
Jrwl/u LW Cpwe�E/rCen
.r ..•..be Y
W4W Aetna AO.rAa1(.4- ..... OA.C -r rY, - �e
,Exbdie.....W un c.a�:.A + pg
Atm We _
tap°Mk � Wtt
....._:._e q e.attri..._A
oaa OM 11111, / ►a.er a.a...n
liellE
Fole
oyacrO.aE wawa..weft
+]�,_ /
taICO�M.w, 1 Tc / 7 1 MA A
? ....-,E*- , i.,..,Eiii'-^h I i!
Z
L...."....__,-- - --'
Jl
..____ * .--- - ,. ..._,,, ---
Ex tang Ext,
rel CM'1Ma+.r ` i 'r••.•w �` ExxxwEEW
E,wy 2tm1 �...c.., 1.6.1....,
pT
ter.:'.,..• I*...a\ R/ .-RCW'.. E,4np Zww: .j1
12.1e1 C.10 CM+w. v.......v
E.yrq Ea.q Owe
l allitl,yya
I MI
\ t'L
7
CITY OF CLERMONT
COrme ofCharnpera R ORDINANCE NO. 2017-42
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 23rd day of January, 2018.
Ss~- CITY OF CLERMONT
/11:2",
"� Gail L. Ash, Mayo
ATTE T:
Nyce2f2._ ^
Tracy Ackroyd Howe, MMC, City Clerk
Approved asto-fo-ii and le_ality:
1114
D: liaris, City Attorney