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Ordinance No. 2020-05CI.ER'NT CITY OF CLERMONT ORDINANCE NO.2020-05 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, CODIFICATION, 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 Tracts 51A, 52A, 61 and 62, of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 4, Page 11, of the Public Record of Lake County, Florida; LESS right of way on the West for State Road Number 455; together with Tracts 3, 4, 13 and 14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, at Page 52, of the Public Records of Lake County; LESS right of way on the West for State Road 455 and Less right of way on the South for State Road 50, in and for Lake County, Florida. LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANTY DEED RECORDED DECEMBER 26, 2002, IN OFFICIAL RECORDS BOOK 2231, PAGE 2257, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: A portion of tracts 3, 4, 13 and14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of the Public Records of Lake County, Florida, being described as follows: Commence at the North Quarter corner of said Section 26 as a point of reference, said point being marked by a railroad spike in the centerline of pavement of County Road No. 455; thence run South 00 degrees 40 minutes 30 seconds West, along the West line of the Northeast Quarter of said Section 26, 244.02 feet; thence run South 89 degrees 34 minutes 59 seconds East, parallel with the North line of said Northeast Quarter, 33.00 feet to the POINT OF BEGINNING; thence continue South 89 degrees 34 minutes 59 seconds East, parallel with said North line, 700.01 feet; thence run South 00 degrees 40 minutes 30 seconds West, parallel with the aforesaid West line of the Northeast Quarter, 879.12 feet to the North right of way line of State Road No. 50 as shown on right of way Map Section 11070-2505; thence run North 88 degrees 54 minutes 49 seconds West, along said North right of way line, 718.02 feet to the East line of a 30 foot right of way as shown on the Plat of LAKE HIGHLANDS COMPANY SUBDIVISION; thence run North 00 degrees 40 minutes 30 seconds East, along said East right line 261.64 feet to the East line of County Road No. 455 as current monument, said line being a curve concave to the Northwest; G� CLEMONT CITY OF CLERMONT ORDINANCE NO.2020-05 thence run Northeasterly along said curve having a central angle of 13 degrees 48 minutes 23 seconds, a radius of 623.00 feet, an arc length of 150.12 feet, a chord bearing of North 07 degrees 34 minutes 41 seconds East and a chord distance of 149.76 feet; thence run North 00 degrees 40 minutes 30 seconds East, continuing along said East line, 460.49 feet to the POINT OF BEGINNING AND LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN: That portion of the following described Parcel lying within 50 feet east of the North -South Mid - Section line of Section 26, Township 22 South, Range 26 East, Lake County, Florida. Tract 13 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of the Public Records of Lake County, Florida, less and except right of way for SR 50. Site contains 19.8 +/- acres. "Hereafter called the Property." LOCATION: Vacant parcel located east of CR 455 and North of State Road 50, Adjacent to the East Town Center Publix Plaza Alternate Key# 1453313 From: Lake County Planned Unit Development (PUD) District To: Clermont Planned Unit Development (PUD) District SECTION 2: 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 substantially in accordance with the Amended Site Plan #6136-Project No. 2019040003, AR No. 3963, approved by Lake County on March 26, 2020, (hereafter called Lake County Site Plan), without any other City approval required for the Lake County Site Plan construction. No other construction may be undertaken on the property without formal construction plans incorporating all conditions stated in this Ordinance being submitted for review and approval by the Site Review Committee prior to the issuance of a Zoning Clearance, any development orders and/or building permits. 3. Other than construction authorized by the Lake County Site Plan, 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. 4. This Ordinance will inure to the benefit of, and will constitute a covenant running with the land, and the terms, conditions, and provisions of this Ordinance will be binding upon the present Owners and any successor, and will be subject to every condition set out in this Ordinance. CLERONT CITY OF CLERMONT ORDINANCE NO.2020-05 5. Major changes, as determined by the Site Review Committee, may require an amendment to the Planned Unit Development (PUD). SECTION 3: LAND USES AND DEVELOPMENT STANDARDS 1. The property may be used for an automoble dealership with supporting acessory uses to the car dealership, included but not limited to a wholesale auction sales facility, as identified in the Conceptul Site Plan submitted with the Planned Unit Development (PUD) Master Development Plan. The property may also be developed with any permitted uses allowed in the in the C-2 General Commercial zoning district and Land Development Regulations. 2. _Building Setbacks: Front 50 feet from the property line Side Setback 15 feet from the property line Rear Setback 25 feet from the property line 3. All landscape buffers and screening must be in accordance with Clermont Land Development Regulations (LDR), as amended. 4. Commercial Buildings shall adhere to the Clermont Architectural Designs Standards. The property shall be developed according to the C-2 General Commercial zoning district in the Land Development Code, unless expressly stated above. 5. The Open Space, Impervious Surface Ratio, Floor Area Ratio, and Building Height shall be in accordance with the Clermont Comprehensive Plan and Land Development Regulations (LDR), as amended. 6. All off street parking requirements must be in accordance with Clermont Land Development Regulations as amended. 7. Any fencing shall be decorative ornamental fencing, unless otherwise approved by the Lake County Site Plan. No Fencing with slats are permitted in the City of Clermont Land Development Regulations as indicated in the required JPA Site Plan review process for development. 8. Transportation Improvements must be in accordance with FDOT, the Comprehensive Plan, and Land Development Regulations. 9. All Transportation and Road Improvements required and approved with (Ordinance No. 2019-63, RZ-19-23-2, aka East Clermont Village PUD) for this development is binding and shall be coordinated with Lake County Public Works, FDOT and the City of Clermont. CLANT CITY OF CLERMONT ORDINANCE NO.2020-05 11. All utilities for water and sewer connections must be in accordance to Clermont Standards and shall comply with all applicable City of Clermont, State, and Regional policies and regulations. 12. The stormwater management system shall be designed in accordance with all applicable City of Clermont and St. Johns Water Management District (SJWMD) standards and requirements. The additional stormwater drainage from the offsite road improvements shall be accommodated in the master stormwater management for the site. 13. External lightening is required and must comply with Clermont Land Development Regulations. 14. Signage must comply with Clermont Sign Code, Section 102-Signs. 15. The property owner shall comply with the Concurrency Management Sytem (CMS) and shall be subject to all concurrency requirements as set forth in the Clermont Codes of Ordinances, unless otherwise approved in the Lake County Site Plan and referenced in this Ordinance. 16. The Developer will be responsible for developing the site and to comply with Federal Emergency Management (FEMA) regulations, Comprehensive Plan, and the Clermont Land Development Regulations. 17. PUD Expiration: Physical development shall commence within three (3) years from the approval date of the rezoning, (Ordinance No. 2019-63, RZ-19-23-2, aka East Clermont Village PUD) enacted and effective on November 19, 2019. Failure to commence construction within three (3) years of approval shall cause the revocation of this ordinance, in accordance with the Coimprehensive Plan or superseding documents amended. Prior to expiration of the three (3) year time frame, the City of Clermont Council may grant, via a Public Hearing, one (1) extension of the time frame for a maximum of two (2) years upon showing that reasonable efforts have been made towards securing the required approvals and commencement of construction work. 18. Conflict: In any conflict between the development standards 1-17 above and the Lake County Site Plan, the Lake County Site Plan shall control. SECTION 4: 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 5: PUBLICATION & AN 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. �LER'NT CITY OF CLERMONT ORDINANCE NO.2020-05 Location May ` CITY OF CLERMONT C-r ORDINANCE NO.2020-05 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 13' day of October 2020. CITY OF CLERMONT Tracy Ackroyd Howe, MMC, City Clerk INSTRUMENT#: 2020128791 OR BK 5583 PG 989 PAGES: 6 11/16/2020 6:20:09 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $52.50 d CLEFSONT CITY OF CLERMONT .�` — * ORDINANCE NO.2020-05 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, CODIFICATION, 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 Tracts 51A, 52A, 61 and 62, of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 4, Page 11, of the Public Record of Lake County, Florida; LESS right of way on the West for State Road Number 455; together with Tracts 3, 4, 13 and 14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, at Page 52, of the Public Records of Lake County; LESS right of way on the West for State Road 455 and Less right of way on the South for State Road 50, in and for Lake County, Florida. LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN WARRANTY DEED RECORDED DECEMBER 26, 2002, IN OFFICIAL RECORDS BOOK 2231, PAGE 2257, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: A portion of tracts 3, 4, 13 and14 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of the Public Records of Lake County, Florida, being described as follows: Commence at the North Quarter corner of said Section 26 as a point of reference, said point being marked by a railroad spike in the centerline of pavement of County Road No. 455; thence run South 00 degrees 40 minutes 30 seconds West, along the West line of the Northeast Quarter of said Section 26, 244.02 feet; thence run South 89 degrees 34 minutes 59 seconds East, parallel with the North line of said Northeast Quarter, 33.00 feet to the POINT OF BEGINNING; thence continue South 89 degrees 34 minutes 59 seconds East, parallel with said North line, 700.01 feet; thence run South 00 degrees 40 minutes 30 seconds West, parallel with the aforesaid West line of the Northeast Quarter, 879.12 feet to the North right of way line of State Road No. 50 as shown on right of way Map Section 11070-2505; thence run North 88 degrees 54 minutes 49 seconds West, along said North right of way line, 718.02 feet to the East line of a 30 foot right of way as shown on the Plat of LAKE HIGHLANDS COMPANY SUBDIVISION; thence run North 00 degrees 40 minutes 30 seconds East, along said East right line 261.64 feet to the East line of County Road No. 455 as current monument, said line being a curve concave to the Northwest; INSTRUMENT# 2020128791 OR BOOK 5583/PAGE 990 PAGE 2 of 6 GM: ,CLANT CITY OF CLERMONT ORDINANCE NO.2020-05 thence run Northeasterly along said curve having a central angle of 13 degrees 48 minutes 23 seconds, a radius of 623.00 feet, an arc length of 150.12 feet, a chord bearing of North 07 degrees 34 minutes 41 seconds East and a chord distance of 149.76 feet; thence run North 00 degrees 40 minutes 30 seconds East, continuing along said East line, 460.49 feet to the POINT OF BEGINNING AND LESS AND EXCEPT THE FOLLOWING AS CONTAINED IN THAT CERTAIN: That portion of the following described Parcel lying within 50 feet east of the North -South Mid - Section line of Section 26, Township 22 South, Range 26 East, Lake County, Florida. Tract 13 of LAKE HIGHLANDS COMPANY SUBDIVISION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, according to the Plat thereof, as recorded in Plat Book 3, Page 52, of the Public Records of Lake County, Florida, less and except right of way for SR 50. Site contains 19.8 +/- acres. "Hereafter called the Property." LOCATION: Vacant parcel located east of CR 455 and North of State Road 50, Adjacent to the East Town Center Publix Plaza Alternate Key# 1453313 From: Lake County Planned Unit Development (PUD) District To: Clermont Planned Unit Development (PUD) District SECTION 2: 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 substantially in accordance with the Amended Site Plan #6136-Project No. 2019040003, AR No. 3963, approved by Lake County on March 26, 2020, (hereafter called Lake County Site Plan), without any other City approval required for the Lake County Site Plan construction. No other construction may be undertaken on the property without formal construction plans incorporating all conditions stated in this Ordinance being submitted for review and approval by the Site Review Committee prior to the issuance of a Zoning Clearance, any development orders and/or building permits. 3. Other than construction authorized by the Lake County Site Plan, 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. 4. This Ordinance will inure to the benefit of, and will constitute a covenant running with the land, and the terms, conditions, and provisions of this Ordinance will be binding upon the present Owners and any successor, and will be subject to every condition set out in this Ordinance. INSTRUMENT# 2020128791 OR BOOK 5583/PAGE 991 PAGE 3 of 6 C,L4 _W ---mod-. CITY OF CLERMONT ORDINANCE NO.2020-05 5. Major changes, as determined by the Site Review Committee, may require an amendment to the Planned Unit Development (PUD). SECTION 3: LAND USES AND DEVELOPMENT STANDARDS 1. The property may be used for an automoble dealership with supporting acessory uses to the car dealership, included but not limited to a wholesale auction sales facility, as identified in the Conceptul Site Plan submitted with the Planned Unit Development (PUD) Master Development Plan. The property may also be developed with any permitted uses allowed in the in the C-2 General Commercial zoning district and Land Development Regulations. 2. Building: Setbacks: Front 50 feet from the property line Side Setback 15 feet from the property line Rear Setback 25 feet from the property line 3. All landscape buffers and screening must be in accordance with Clermont Land Development Regulations (LDR), as amended. 4. Commercial Buildings shall adhere to the Clermont Architectural Designs Standards. The property shall be developed according to the C-2 General Commercial zoning district in the Land Development Code, unless expressly stated above. The Open Space, Impervious Surface Ratio, Floor Area Ratio, and Building Height shall be in accordance with the Clermont Comprehensive Plan and Land Development Regulations (LDR), as amended. 6. All off street parking requirements must be in accordance with Clermont Land Development Regulations as amended. 7. Any fencing shall be decorative ornamental fencing, unless otherwise approved by the Lake County Site Plan. No Fencing with slats are permitted in the City of Clermont Land Development Regulations as indicated in the required JPA Site Plan review process for development. 8. Transportation Improvements must be in accordance with FDOT, the Comprehensive Plan, and Land Development Regulations. 9. All Transportation and Road Improvements required and approved with (Ordinance No. 2019-63, RZ-19-23-2, aka East Clermont Village PUD) for this development is binding and shall be coordinated with Lake County Public Works, FDOT and the City of Clermont. INSTRUMENT# 2020128791 OR BOOK 5583/PAGE 992 PAGE 4 of 6 • CRNT CITY OF CLERMONT ; ORDINANCE NO.2020-05 11. All utilities for water and sewer connections must be in accordance to Clermont Standards and shall comply with all applicable City of Clermont, State, and Regional policies and regulations. 12. The stormwater management system shall be designed in accordance with all applicable City of Clermont and St. Johns Water Management District (SJWMD) standards and requirements. The additional stormwater drainage from the offsite road improvements shall be accommodated in the master stormwater management for the site. 13. External lightening is required and must comply with Clermont Land Development Regulations. 14. Signage must comply with Clermont Sign Code, Section 102-Signs. 15. The property owner shall comply with the Concurrency Management Sytem (CMS) and shall be subject to all concurrency requirements as set forth in the Clermont Codes of Ordinances, unless otherwise approved in the Lake County Site Plan and referenced in this Ordinance. 16. The Developer will be responsible for developing the site and to comply with Federal Emergency Management (FEMA) regulations, Comprehensive Plan, and the Clermont Land Development Regulations. 17. PUD Expiration: Physical development shall commence within three (3) years from the approval date of the rezoning, (Ordinance No. 2019-63, RZ-19-23-2, aka East Clermont Village PUD) enacted and effective on November 19, 2019. Failure to commence construction within three (3) years of approval shall cause the revocation of this ordinance, in accordance with the Coimprehensive Plan or superseding documents amended. Prior to expiration of the three (3) year time frame, the City of Clermont Council may grant, via a Public Hearing, one (1) extension of the time frame for a maximum of two (2) years upon showing that reasonable efforts have been made towards securing the required approvals and commencement of construction work. 18. Conflict: In any conflict between the development standards 1-17 above and the Lake County Site Plan, the Lake County Site Plan shall control. SECTION 4: 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 5: PUBLICATION & AN 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. INSTRUMENT# 2020128791 OR BOOK 5583/PAGE 993 PAGE 5 of 6 G CLR1� NT CITY OF CLERMONT ORDINANCE NO.2020-05 Location Maa INSTRUMENT# 2020128791 OR BOOK 5583/PAGE 994 PAGE 6 of 6 CITY OF CLERMONT ORDINANCE NO.2020-05 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 131 day of October 2020. CITY OF CLERMONT A' Tracy Ackroyd Howe, MMC, City Clerk