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Ordinance No. 2020-24CITY OF CLERMONT ORDINANCE NO.2020-24 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 CONFLICT, SEVERABILITY, RECORDING, 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 Parcel 1 (Existing C-1 Zoning): The northeast quarter of the northeast quarter of Section 5, Township 23 South, Range 26 East, Lake County, Florida, and that portion of the northwest quarter of the northeast quarter lying east and north of U.S. Highway 27 of Section 5, Township 23 South, less the right-of-way for U.S. Highway 27; also less the right-of-way for South Lake Connector as shown in deed to Lake County recorded in O.R. Book 2595, Page 1130; also less retention pond as shown in easement recorded in O.R. Book 2899, Page 1262, Public Records of Lake County, Florida. Parcel Identification Number: 05-23-26-000100000100 (AK 1707307) maii Parcel 2 (Acquired Lost Lake Reserve Tract): Clermont, Lost Lake Sub Tract F--less from southwest corner of SE 1/4 of Sec 32-22-26 runs 89- 56-38E 1449.42 ft. to easterly right-of-way line of Citrus Tower Blvd for Point of Beginning, said point being on a tangent curve concave southwesterly having a radius of 400 ft., a central angle of 11-39-40, an arc length of 81.41 ft. & a chord bearing of north 19-11-15 west to a point of cusp of said curve, thence south 5-01-05 E 84.71 ft. to south line of SE 1/4 of Sec. 32, north 89-56-38 west 9.12 ft. to Point of Beginning of road right-of-way-- PB 50 PGS 64- 69 and Tract 4, Lost Lake, according to the map or plat thereof as recorded in Plat Book 50, Page 64, Public Records of Lake County, Florida. Parcel Identification Numbers: 2822261200-004-00000 & 2822261200-OOF- 00000 (AK 3821839 & 3821852) 1 CITY OF CLERMONT ,,q.,.. ORDINANCE NO.2020-24 Containing 80.45 acres more or less, and being subject to any easements, rights -of -way or restrictions of record. LOCATION Southeast corner of South US Hwy 27 and Citrus Tower Blvd To amend the Planned Unit Development (PUD), Ordinances No 2017-02 SECTION 2: GENERAL CONDITIONS This application for an amendment to the Planned Unit Development (PUD — Ordinance No 2017- 02) to allow for a mixed —use development with C-1 Light Commercial uses; be granted subject to the following conditions: 1. 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 PUD Conceptual Master Plan — Kings Crossing Commercial Complex, prepared by McCoy & Associates, dated September 2016. 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 any other development permits. 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 1. The property will be permitted for C-1 Light Commercial use. Buildlings may be greater than 5,000 square feet but no more than 20,000 square feet. 2 d CITY OF CLERMONT dam. ORDINANCE NO.2020-24 2. Setbacks for Commercial buildings From US Hwy 27: 50 feet from the property line From Citrus Tower Blvd: 25 feet from the property line Side: 12 feet from the property line Rear: 25 feet from the property line 3. Driveway access and parking for the project may be below the centerline of US 27 or Citrus Tower Blvd. and will be subject to the approval of the City Engineer. 4. Parking stall reduction from 20 feet deep to 18 feet deep with an additional 2 foot grassed/mulched section in lieu of wheelstops may be used in parking areas, where appropriate. 5. Retaining wall height up to 18 feet in height may be allowed to deal with the extreme grades on the site between the building area and the lakefront swale area adjacent to Lake Felter. 6. A reduced 10 foot wide landscape buffer, approximately 210 lineal feet along US Hwy 27, is requested due to the additional 10 feet of right of way in this area. The 10 foot landscape buffer will start at the southwest corner of the project and run northward for approximately 210 feet and then resume the required 20 foot wide landscape buffer. Use of existing canopy trees/planted pines in lieu of a planted buffer in the southeast portion of the project adjacent to Lake Felter, where appropriate, may be used. The project may have three commercial center ground identification signs, one at each entrance, for multi-tentant use. The sign on US Highway 27 may be up to 15 feet high, 10 feet wide, and have a signage area up to 75 square feet. The two ground identification signs along Citrus Tower Boulevard may be up to 10 feet high, 10 feet wide and have a signage area up to 60 square feet. Interior perimeter landscape buffers between properties shall be 10 feet shared or placed within the lot. The project will still have to be developed in accordance of Chapter 118, Vegetation. 10. Any fencing viewed by the public shall be an ornamental metal type. 11. The project shall be developed according to the C-1 Light Commercial zoning designation in the Land Development Code, unless expressly stated above. 3 A CITY OF CLERMONT '?t. ORDINANCE NO.2020-24 SECTION 4: CONFLICT 1. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. 2. All Ordinances in conflict herewith are hereby repealed. Further, this Ordinance 2020-24 expressly amends Ordinance 2017-02 and Ordinance 461-M, to the extent of any conflict between Ordinance 2017-02 or Ordinance 461-M and this Ordinance 2020-24 or any other ordinance or part thereof, this Ordinance 2020-24 shall control. SECTION 5: SEVERABILITY 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 6: RECORDING This Ordinance shall be recorded in the public records of Lake County, Florida. SECTION 7: EFFECTIVE DATE 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 CIdd.�,,. ORDINANCE NO.2020-24 Location map: CITY OF CLERMONT d ORDINANCE NO.2020-24 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this � day of , 20 AO. CITY OF CLERMONT -Zaei�' �- e� tl� Gail L. Ash, Mayor r� Tracy Ackroyd Howe, City Clerk Approved-as--w form antzaris, City Attorney INSTRUMENT#: 2020125481 OR BK 5578 PG 1602 PAGES: 6 11/6/2020 4:46:50 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $52.50 CITY OF CLERMONT ORDINANCE NO.2020-24 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 CONFLICT, SEVERABILITY, RECORDING, 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 Parcel 1 (Existing C-1 Zoning): The northeast quarter of the northeast quarter of Section 5, Township 23 South, Range 26 East, Lake County, Florida, and that portion of the northwest quarter of the northeast quarter lying east and north of U.S. Highway 27 of Section 5, Township 23 South, less the right-of-way for U.S. Highway 27; also less the right-of-way for South Lake Connector as shown in deed to Lake County recorded in O.R. Book 2595, Page 1130; also less retention pond as shown in easement recorded in O.R. Book 2899, Page 1262, Public Records of Lake County, Florida. Parcel Identification Number: 05-23-26-000100000100 (AK 1707307) AND Parcel 2 (Acquired Lost Lake Reserve Tract): Clermont, Lost Lake Sub Tract F--less from southwest corner of SE 1/4 of Sec 32-22-26 runs 89- 56-38E 1449.42 ft. to easterly right-of-way line of Citrus Tower Blvd for Point of Beginning, said point being on a tangent curve concave southwesterly having a radius of 400 ft., a central angle of 11-39-40, an arc length of 81.41 ft. & a chord bearing of north 19-11-15 west to a point of cusp of said curve, thence south 5-01-05 E 84.71 ft. to south line of SE 1 /4 of Sec. 32, north 89-56-38 west 9.12 ft. to Point of Beginning of road right-of-way-- PB 50 PGS 64- 69 and Tract 4, Lost Lake, according to the map or plat thereof as recorded in Plat Book 50, Page 64, Public Records of Lake County, Florida. Parcel Identification Numbers: 2822261200-004-00000 & 2822261200-OOF- 00000 (AK 3821839 & 3821852) 1 INSTRUMENT# 2020125481 OR BOOK 5578/PAGE 1603 PAGE 2 of 6 doudO�pdr• CITY OF CLERMONT ORDINANCE NO.2020-24 Containing 80.45 acres more or less, and being subject to any easements, rights -of -way or restrictions of record. LOCATION Southeast corner of South US Hwy 27 and Citrus Tower Blvd To amend the Planned Unit Development (PUD), Ordinances No 2017-02 SECTION 2: GENERAL CONDITIONS This application for an amendment to the Planned Unit Development (PUD — Ordinance No 2017- 02) to allow for a mixed —use development with C-1 Light Commercial uses; be granted subject to the following conditions: l . 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 PUD Conceptual Master Plan — Kings Crossing Commercial Complex, prepared by McCoy & Associates, dated September 2016. 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 any other development permits. 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 The property will be permitted for C-1 Light Commercial use. Buildlings may be greater than 5,000 square feet but no more than 20,000 square feet. INSTRUMENT# 2020125481 OR BOOK 5578/PAGE 1604 PAGE 3 of 6 eG CITY OF CLERMONT .dt ORDINANCE N0.2020-24 2. Setbacks for Commercial buildings From US Hwy 27: 50 feet from the property line From Citrus Tower Blvd: 25 feet from the property line Side: 12 feet from the property line Rear: 25 feet from the property line 3. Driveway access and parking for the project may be below the centerline of US 27 or Citrus Tower Blvd. and will be subject to the approval of the City Engineer. 4. Parking stall reduction from 20 feet deep to 18 feet deep with an additional 2 foot grassed/mulched section in lieu of wheelstops may be used in parking areas, where appropriate. 5. Retaining wall height up to 18 feet in height may be allowed to deal with the extreme grades on the site between the building area and the lakefront swale area adjacent to Lake Felter. 6. A reduced 10 foot wide landscape buffer, approximately 210 lineal feet along US Hwy 27, is requested due to the additional 10 feet of right of way in this area. The 10 foot landscape buffer will start at the southwest corner of the project and run northward for approximately 210 feet and then resume the required 20 foot wide landscape buffer. 7. Use of existing canopy trees/planted pines in lieu of a planted buffer in the southeast portion of the project adjacent to Lake Felter, where appropriate, may be used. 8. The project may have three commercial center ground identification signs, one at each entrance, for multi-tentant use. The sign on US Highway 27 may be up to 15 feet high, 10 feet wide, and have a signage area up to 75 square feet. The two ground identification signs along Citrus Tower Boulevard may be up to 10 feet high, 10 feet wide and have a signage area up to 60 square feet. 9. Interior perimeter landscape buffers between properties shall be 10 feet shared or placed within the lot. The project will still have to be developed in accordance of Chapter 118, Vegetation. 10. Any fencing viewed by the public shall be an ornamental metal type. 11. The project shall be developed according to the C-1 Light Commercial zoning designation in the Land Development Code, unless expressly stated above. INSTRUMENT# 2020125481 OR BOOK 5578/PAGE 1605 PAGE 4 of 6 OondOap'sa• . SECTION 4: CONFLICT CITY OF CLERMONT ORDINANCE NO.2020-24 1. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. 2. All Ordinances in conflict herewith are hereby repealed. Further, this Ordinance 2020-24 expressly amends Ordinance 2017-02 and Ordinance 461-M, to the extent of any conflict between Ordinance 2017-02 or Ordinance 461-M and this Ordinance 2020-24 or any other ordinance or part thereof, this Ordinance 2020-24 shall control. SECTION 5: SEVERABILITY 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 6: RECORDING This Ordinance shall be recorded in the public records of Lake County, Florida. SECTION 7: EFFECTIVE DATE 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 INSTRUMENT# 2020125481 OR BOOK 5578/PAGE 1606 PAGE 5 of 6 CtlmdOwga� Location map: CITY OF CLERMONT ORDINANCE NO.2020-24 INSTRUMENT# 2020125481 OR BOOK 5578/PAGE 1607 PAGE 6 of 6 UdodO.ryiu.• . CITY OF CLERMONT ORDINANCE NO.2020-24 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this o day of \� , 20 ikQ. Tracy Ackroyd Howe, City Clerk CITY OF CLERMONT Gail L. Ash, Mayor C1