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Ordinance No. 2021-001dc- s .:'bw CITY OF CLERMONT FAILED ORDINANCE NO.2021-001 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, 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 THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE NORTHERLY LINE OF GREATER PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE 80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR 1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE NORTH 89°49'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF HOOKS STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89048'50" EAST ALONG SAID NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830-833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: SOUTH 22°56'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05°50'49" FOR 209.57 FEET; THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE BEARS SOUTH 76058'15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL Page I 1 of 8 C CITY OF CLERMONT ORDINANCE NO.2021-001 ANGLE OF 03014'30" FOR 92.23 FEET; THENCE DEPARTING SAID WESTERLY LINE, SOUTH 89049'40" WEST FOR 756.48 FEET TO THE WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT; THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43 FOR 370.92 FEET TO THE POINT OF BEGINNING. CONTAINING 17.03 ACRES OF LAND, MORE OR LESS. LOCATION Vacant property southwest of Excalibur Road and Hooks Street Intersection Alt. Key 1103908, 3801505, 3815507 From: Urban Estate Low Density To: Planned Unit Development for a 204-unit apartment complex 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 PUD Plan, prepared by BESH Halff dated October 2020, Skorman Apartments. 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. 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. 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 3. Land Uses and Specific Conditions 1. A total of up to 204 multi -family dwelling units (d.u) may be permitted on the site, not to exceed a base density of 12 dwelling units/acre. 2. Building setbacks shall be 25 feet from the property lines. Page 12 of 8 ls, �. CITY OF CLERMONT ORDINANCE NO.2021-001 3. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet maximum fill up to 10% of the project site, as shown on the cut and fill exhibit — Grading Plan Variance prepared by BESH Halff, dated October 2020. These elevation changes will be submitted to the City Engineer at the time of final engineering. 5. Individual retaining wall height up to 6 feet in height are permitted to deal with grade changes on the perimeter of the project and in the stormwater pond. A minimum 5 foot transition shall be required between the walls with landscaping incorporated within the terracing of the exterior perimeter wall sections. 6. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 7. The project will be gated and the streets will be privately owned and maintained by the HOA, owner, or developer. 8. The buildings shall be constructed in a manner that closely resembles the architectural style and elevations as presented at the end of this ordinance and shall meet the City of Clermont's Architectural Standards. 9. If required by Lake County or Florida Department of Transportation, the developer shall be responsible to coordinate the modification of the existing traffic signals and turn lane improvements to accommodate safe and efficient traffic flow resulting from the project as identified in the Transportation Impact Analysis prepared on September, 2020 by Kimley- Horn. 10. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access points shall be determined during the final site plan and final engineering review and may change from the conceptual plan. 11. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 12. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of Occupancy. 13. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. 14. This Planned Unit Development shall become null and void if substantial construction work has not begun within five (5) years of the date that this Planned Unit Development is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. If the Planned Unit Development becomes null and void, the property will revert to the UE Urban Estate Zoning Designation. Page 13 of 8 CLE CITY OF CLERMONT -: ORDINANCE NO.2021-001 15. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 16. The property management office shall prominently display a notification sign informing potential tenants of the sounds resulting from activities by the adjacent schools, such as but not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign shall be a minimum of 11 inches x 17 inches. In addition, as part of the rental contract, similar wording shall also be included that the applicant acknowledges. SECTION 4: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 6: 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 7: PUBLICATION AND 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. Page 14 of 8 CITY OF CLERMONT ORDINANCE NO.2021-001 Location mav: HOOD fit r K East Ridge m High School East Ridge Middle School J •E%CALlamm dk , i.hKE OR E.W/4 ftt# IRE. � axe Cut/Fill Exhibit: Page 15 of 8 _ �Al CITY OF CLERMONT ORDINANCE NO.2021-001 Conceptual Site Plan: tY� - �Y xLL y1 m= Page 17 of 8 CITY OF CLERMONT C -- ORDINANCE NO.2021-001 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23rd day of February, 2021. CITY OF CLERMONT LED Tim Murry, ayor ATTEST: Tracy Ackroyd Howe, MMC, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney Page 18 of 8