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O-2019-01 LE rx CLERIvIONT CITY OF CLERMONT o -.0..rhoce Clurnpons - ORDINANCE NO. 2019-01 = 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 0 LL TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF 0o w ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED P-2115 HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, $§M v w EFFECTIVE DATE, AND PUBLICATION. o o w o cn z I-- z Uri'id The City Council of the City of Clermont, Lake County, Florida hereby ordains that: ;L.: EL ,a2 o n~.c� O Neo cea u SECTION 1. cr m ui>. V o � IIccog v m i The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122 z a 5.O " 3 wof Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following ei described property: uacot.) 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 3/4 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 & 3911542 Planned Unit Development(PUD) Amendment of Ordinance 2017-42 for southern sidewalk revision 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: coo 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. 1 CITY OF CLERMONT CR ORDINANCE NO. 2019-01 its,, 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 lots 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, 5' 5' 5' Screen Rooms or Ancillary Structures Maximum Impervious Surface 0.75 0.75 0.75 Ratio(ISR) Maximum Building Height 40' 40' 40' Setbacks from High Water Line,Mean High Water Line, 50' 50' 50' or Jurisdictional Wetland Line Minimum front yard easement 5' 5' 5' Minimum side and Rear Yard 5' S' S' Drainage and Utility Easement 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 Mir shall be submitted for review and approved by the Site Review Committee prior to the issuance of development permits. 2 CITY OF CLERMONT CChace of Charnpons R ORDINANCE NO. 2019-01 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. 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 • CITY OF CLERMONT Once d ORDINANCE NO. 2019-01 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. 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 as depicted in the offsite sidewalk exhibit at the end of this document outlined in blue. In addition,payment to the City in the amount of$24,741.72 shall be made by April 9, 2019. These funds shall be used for pedestrian or transportation needs, as determined by the City. 4 R' CITY OF CLERMONT CChoice d ORDINANCE NO. 2019-01 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. 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 titse 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. 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. 5 S cLER (OnT. CITY OF CLERMONT Chosor of Champcns ORDINANCE NO. 2019-01 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. Location map: M... -N�;. °"..�, ,� Subject .L_. 1Property 1� '� xHartwood Marsh Road v / m ii c as 1111 ,-/ • so i C e N ' A Li Nim • 6 . CC CLER• N . CITY OF CLERMONT acece d ORDINANCE NO. 2019-01 uEmLoup RU d I tPAI=aI.F L4.Com Cw...F•o• Wats Um AR.M4 ..-.too II Oa(tuf�4uMy) l / i a E.snrLk �If ilw aol IA. t Emma 7a+b i i. 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MO _7 rte...�.....-.... SOW 677' 41111. 7 • CITY OF CLERMONT CR ORDINANCE NO. 2019-01 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8th day of January, 2019. • CITY OF CLERMONT „; �' Gail L. Ash, Mayor L { ATTEST. a, , Tracy Ackroyd Howe, MMC, City Clerk Approved as to form and legality: DanW11 erg ns, _• • - . ey