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Ordinance No. 2020-01 - Karma Housing PUDINSTRUMENT #2020022911 OR BK 5426 PG 1922 -1928 (7 PGS) DATE: 2/24/2020 2:22:17 PM y GARY J. COONEY, CLERK OF THE CIRCUIT COURT CITY OF CLERMONT RECORDING FEES $61 00 LAKE COUNTY, FLORIDA ORDINANCE NO.2020-01 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 TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, AN 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 ALL OF LOTS 1 THROUGH 20, BLOCK 8, ELLA VISTA HEIGHTS, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LESS THE PART OF LOT 20 CONVEYED TO THE STATE OF FLORIDA AS RECORDED IN O.R. BOOK 624, PAGE 449 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, AND LESS THE RIGHT OF WAY FOR STATE ROAD 50. A PARCEL OF LAND LYING IN PORTIONS OF LOTS 1 & 2, PORTIONS OF LOTS 14 & 15, LOTS 16 THROUGH 19, AND PORTIONS OF LOT 20, BLOCK 8, ELLA VISTA HEIGHTS, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 8, ELLA VISTA HEIGHTS, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, AS RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE SOUTH 00'35'10" WEST, 10.00 FEET TO A 5/8" IRON ROD AND CAP "S&ME INC FL 8165 GA 1252", LYING AT THE INTERSECTION OF THE SOUTH RIGHT- OF-WAY LINE OF STATE ROAD 50 "A.K.A. WEST COLONIAL DRIVE" (80.0' RIGHT-OF- WAY) AND THE EAST RIGHT-OF-WAY LINE OF 2ND STREET (60.0' RIGHT-OF-WAY); THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF 2ND STREET AND ALONG SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, SOUTH 89°24'50" EAST, 197.75 FEET TO A 5/8" IRON ROD AND CAP "S&ME INC FL 8165 GA 1252" AND THE POINT OF BEGINNING THENCE FROM SAID POINT OF BEGINNING AND CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89°24'50" EAST, 100.00 FEET TO A NAIL & DISC "FDOT" AND POINT OF CURVATURE; THENCE CONTINUE ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ALONG SAID CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, FOR A OF 137.77 FEET TO A NAIL & DISC "LB 6892 PLS 5130" LYING ON A NON -TANGENT LINE (RIGHT-OF-WAY CORNER CLIP), SAID CURVE HAS A ,C-, R . CITY OF CLERMONT ORDINANCE NO.2020-01 RADIUS OF 5689.65 FEET, A CENTRAL ANGLE OF 001°23'14", A CHORD BEARING OF SOUTH 88043'13" EAST, AND CHORD DISTANCE OF 137.76 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE AND SAID ALONG SAID NON -TANGENT LINE (RIGHT-OF-WAY CORNER CLIP), SOUTH 33°33'48" EAST, 28.95 FEET TO A 5/8" IRON ROD "NO IDENTIFICATION", LYING AT THE INTERSECTION OF SAID NON -TANGENT LINE (RIGHT-OF-WAY CORNER CLIP) AND THE NORTHWEST RIGHT-OF-WAY LINE OF EAST AVENUE (80.0' RIGHT-OF-WAY) ALSO LYING 1N A NON TANGENT CURVE; THENCE LEAVING SAID NON TANGENT LINE (RIGHT-OF-WAY CORNER CLIP) AND ALONG SAID NORTHWEST RIGHT-OF-WAY LINE AND SAID NON -TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHWEST, FOR A DISTANCE OF 106.39 FEET TO A 5/8" IRON ROD AND CAP "S&ME INC FL 8165 GA 1252", SAID CURVE HAS A RADIUS OF 1919.94 FEET, A CENTRAL ANGLE OF 003°10'30", A CHORD BEARING OF SOUTH 2801 P16" WEST, AND CHORD DISTANCE OF 106.38 FEET; THENCE LEAVING SAID CURVE AND CONTINUING ALONG SAID NORTHWEST RIGHT-OF-WAY, SOUTH 29°4631" WEST, 200.00 FEET TO A 5/8" IRON ROD AND CAP "S&ME INC FL 8165 GA 1252" AND POINT OF CURVATURE; THENCE ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHWEST RIGHT-OF-WAY TO THE LEFT, CONCAVE TO THE SOUTHEAST, FOR A DISTANCE OF 30.17 FEET TO A 5/8" IRON ROD AND CAP "LS 5130", SAID CURVE HAS A RADIUS OF 868.90 FEET, A CENTRAL ANGLE OF 001-59,22", A CHORD BEARING OF SOUTH 28°46'50" WEST, AND CHORD DISTANCE OF 30.17 FEET; THENCE LEAVING SAID CURVE AND SAID NORTHWEST RIGHT-OF-WAY LINE, NORTH 63°23'31" WEST, 126.95 FEET TO A 5/8" IRON ROD AND CAP "IILLEGIBLE"; THENCE NORTH 13'23'10" EAST, 95.50 FEET TO A 5/8" IRON ROD AND CAP "S&ME INC FL 8165 GA 1252"; THENCE NORTH 00°35'10" EAST, 172.27 FEET TO THE POINT OF BEGINNING. LOCATION Vacant property located at the southwest corner of State Road 50 and East Avenue (Alternate Key —1619432, 2697431 and 2919761) From: C-1 Light Commercial To: Planned Unit Development (PUD) SECTION 2. General Conditions This application is for a Planned Unit Development to allow for a multi -family residential Planned Unit Development; be granted subject to the following conditions: The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with the Conceptual Site Plan, prepared by GatorSktck, Inc., and identified as Exhibit A. 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 a zoning clearance or other development permits. 2 C CITY OF CLERMONT ORDINANCE NO.2020-01 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. SECTION 3. Land Uses and Specific Conditions A total of up to 36 multi -family dwelling units may be permitted on the site, which is the maximum density permitted of 12 dwelling units per acre by the Comprehensive Plan for Commercial Land Use Designation. The existing on site commercial building shall be used in conjunction with the multifamily development as a multi -purpose building, rental office and retail building, gym and laundry room for the tenants of the apartments. 2. All Building setbacks shall comply with C-1 zoning Land Development Regulations. The maximum building height shall be up to 55 feet, measured at the highest point. 4. The project will provide vehicle access points on Second Street as a primary and Chestnut Street as a secondary vehicular egress/ingress access. The developer will be required to comply with City vehicular and pedestrian circulation requirements. The City Engineer will review any required driveway permits at the time of final Engineering. 5. The maximum height of any retaining walls shall be up to 6 feet in height as allowed by the Land Development Regualtions. 6. The project will be required to comply with Clermont Solid Waste requirements for any dumpsters and enclosures to meet the waste demands for the project. 7. The site may be developed to allow two (2), three (3) story apartment buildings with up to 18 units per buildings. The one bedrooms apartments must provide a minimum of 600 square foot of living space and the two bedroom apartments must provide a minimum of 975 square foot of living space for each unit. 8. The buildings shall be constructed to meet the City of Clermont's Architectural Design Standards. 9. 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. 3 El CLE CITY OF CLERMONT ORDINANCE NO.2020-01 10. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 11. Any Level of Service (LOS) traffic capacity deficiencies identified in the Transportation Impact Analysis must be mitigated by the property owner/applicant before issuance of any zoning clearance or development permits. 12. The project shall be developed according to the C-1 Light Commercial zoning designation in the Land Development Code, unless expressly stated above. 13. Sidewalks and pedestrian cross access shall be designed and constructed to meet ADA requirments and provide pedestrian safety for this project. Sidewalks ae required for all rights of way. 14. Street lighting is required for this project to provide pedestrian safety. A photometric plan that includes the location and foot candle at ground level will be reviewed during final site plan approval. SECTION 4. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 6. 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 7. This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. 4 CITY OF CLERMONT C W ate. ORDINANCE NO.2020-01 Location map: CITY OF CLERMONT �- ORDINANCE NO.2020-01 Conceptual Site Plan Exhibit A: J. Is ! +ice t. TT 13 m. _ � �� � � � * I • � eornuenax �+.d _ '•r.' I'I ci� • oAawM,enx ��f • 74ECAP. _. A. i1CONCEPTUAL SITE PL;V gg �i �m�w�}s•�rwro.m.4w�w.i.aemn 'y+W }i �` n�: i{•'• �.���.� t3PUM 1 v bwnco SPi n CITY OF CLERMONT C ORDINANCE NO.2020-01 PASSED AND ADOPTED by the Cit Council of the City of Clermont, Lake County, Florida on this 14 day of gn uoXrr , 2020. 1. CITY OF CLERMONT Ash.— vor Gai L. sh, Mayor Tracy Ackroyd Howe, MMC, City Clerk ed as to rm and legality: Mantzaris, City Attorney