Ordinance No. 2021-003CLERi" �ONT
CITY OF CLERMONT
ORDINANCE NO.2021-003
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, THE ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
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 LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT,
FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23,
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE
OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND
RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, OFFICIAL MAP OF
THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE
FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50
FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89°26'08"
W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET;
THENCE RUN N 00018' 15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A
CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
109.31 FEET THROUGH A CENTRAL ANGLE OF 10' 11'01 " TO THE END OF SAID CURVE;
THENCE RUN N 10°29' 16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE
Page 11 of 9
G9,.
CLEMONT CITY OF CLERMONT
ORDINANCE NO.2021-003
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF
OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89°26'32" E ALONG SAID
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34
FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00°38'18" W
ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE
NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE
CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST
93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF
THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP
OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.04 ACRES, MORE OR LESS.
LOCATION
Vacant property northwest of West Ave and Minneola Ave Intersection
AK 1615194, 2788577, 1714061
Victory Village and The Market
1.04 +/- Acres
FROM: Central Business District (CBD) and Light Commercial (C-1)
TO: Planned Unit Development (PUD) for a
Mixed -use Residential and Commercial Project
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a mixed -use project
consisting of twenty-five residential units and CBD Central Business District 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 Exhibit A — Concept Plan
prepared by Highland Engineering, Inc, dated 1-25-2021. 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
Page 12 of 9
CLEMONT CITY OF CLERMONT
���« ORDINANCE NO.2021-003
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 will reimburse the
developer at 100 percent for all costs including design, permitting, materials and
construction of the fiber optic conduit and pull boxes. At the time of site plan review, the
City's Information Technology Director or authorized designee will make this
determination.
The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements. The Developer shall timely complete all
required mitigation and other improvements as may be applicable.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
1. A total of up to 25 residential dwelling units (d.u) may be permitted on the site, not to
exceed a base density of 25 dwelling units/acre.
2. The total square footage of the commercial uses (the market, cider shack and food trailers)
shall not exceed 8,000 square feet, as shown on the Concept Plan.
3. The project shall be constructed in a manner that closely resembles the architectual style
and elevations as presented in Exhibit B — Elevations, and shall meet the City of Clermont's
Architectural Standards.
4. Maximum building height shall be up to 55 feet, measured at the highest point.
5. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of
the project site, as shown on in the red hatched area on the Concept Plan.
6. Individual retaining wall height up to 15 feet in height is permitted to deal with grade
changes and for the construction of the first floor parking garage area.
7. The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep.
8. The developer will be required to construct 23 parking spaces off -site that meet the Land
Development Code in the areas as shown on the Concept Plan along Victory Way and
Minneola Avenue. This will be coordinated with the City and will be required to be
installed prior to receiving final certificate of occupancy for the project. These spaces will
be offered to the public and will not be reserved for project.
9. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
Page 13 of 9
CLER ONT
CITY OF CLERMONT
ORDINANCE NO.2021-003
10. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
11. Any market operating on the site shall be continuously operated by one single operator.
12. 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 CBD Central Business District Zoning Designation.
SECTION 4: CONFLICT
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
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: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Sections of this Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: PUBLICATION AND 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 9
CLER ONT
CITY OF CLERMONT
ORDINANCE NO.2021-003
Location Map:
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Page 15 of 9
CLE CITY OF CLERMONT
ORDINANCE NO.2021-003
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 9`h day of February, 2021.
W
V
Tracy Ackroyd Howe, MMC, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, Mayor
Page 16 of 9
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CLER ONT
Exhibit A — Concept Plan
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ORDINANCE NO.2021-003
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Page 17 of 9
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CI.ER ONT
CITY OF CLERMONT
��-1« ORDINANCE NO.2021-003
Exhibit B — Elevations
Page 18 of 9
CLER ONT
CITY OF CLERMONT
ORDINANCE NO.2021-003
Exhibit B — Elevations — Continued
��u _u pFiiiM��
Page 19 of 9
INSTRUMENT#: 2021140085 OR BK 5812 PG 841 PAGES: 9 10/8/2021 3:57:47 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $78.00
(9v
CLEFKIVT CITY OF CLERMONT
d«� ORDINANCE NO.2021-003
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, THE ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
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 LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT,
FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23,
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE
OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND
RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, OFFICIAL MAP OF
THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE
FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50
FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89126'08"
W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET;
THENCE RUN N 00018'15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A
CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
109.31 FEET THROUGH A CENTRAL ANGLE OF I O'l P01 " TO THE END OF SAID CURVE;
THENCE RUN N10029'16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE
Page 11 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 842 PAGE 2 of 9
G9,:
CLEONT
CITY OF CLERMONT
ORDINANCE NO.2021-003
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF
OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89126'32" E ALONG SAID
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34
FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00°38'18" W
ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE
NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE
CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST
93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF
THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP
OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.04 ACRES, MORE OR LESS.
LOCATION
Vacant property northwest of West Ave and Minneola Ave Intersection
AK 1615194, 2788577, 1714061
Victory Village and The Market
1.04 +/- Acres
FROM: Central Business District (CBD) and Light Commercial (C-1)
TO: Planned Unit Development (PUD) for a
Mixed -use Residential and Commercial Project
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a mixed -use project
consisting of twenty-five residential units and CBD Central Business District 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 Exhibit A — Concept Plan
prepared by Highland Engineering, Inc, dated 1-25-2021. 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.
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
Page 12 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 843 PAGE 3 of 9
CLEMQNT
CITY OF CLERMONT
ORDINANCE NO.2021-003
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 will reimburse the
developer at 100 percent for all costs including design, permitting, materials and
construction of the fiber optic conduit and pull boxes. At the time of site plan review, the
City's Information Technology Director or authorized designee will make this
determination.
5. The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements. The Developer shall timely complete all
required mitigation and other improvements as may be applicable.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
1. A total of up to 25 residential dwelling units (d.u) may be permitted on the site, not to
exceed a base density of 25 dwelling units/acre.
2. The total square footage of the commercial uses (the market, cider shack and food trailers)
shall not exceed 8,000 square feet, as shown on the Concept Plan.
3. The project shall be constructed in a manner that closely resembles the architectual style
and elevations as presented in Exhibit B — Elevations, and shall meet the City of Clermont's
Architectural Standards.
4. Maximum building height shall be up to 55 feet, measured at the highest point.
5. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of
the project site, as shown on in the red hatched area on the Concept Plan.
6. Individual retaining wall height up to 15 feet in height is permitted to deal with grade
changes and for the construction of the first floor parking garage area.
7. The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep.
8. The developer will be required to construct 23 parking spaces off -site that meet the Land
Development Code in the areas as shown on the Concept Plan along Victory Way and
Minneola Avenue. This will be coordinated with the City and will be required to be
installed prior to receiving final certificate of occupancy for the project. These spaces will
be offered to the public and will not be reserved for project.
9. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
Page 13 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 844 PAGE 4 of 9
C�
CLER�' NT CITY OF CLERMONT
ORDINANCE NO.2021-003
10. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
11. Any market operating on the site shall be continuously operated by one single operator.
12. 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 CBD Central Business District Zoning Designation.
SECTION 4: CONFLICT
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
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: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Sections of this Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: PUBLICATION AND 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 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 845 PAGE 5 of 9
C�
CLE�M�4NT
CITY OF CLERMONT
ORDINANCE NO.2021-003
Location Map:
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OSubject
Property
W MINNEOLA AVE
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Page 15 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 846 PAGE 6 of 9
CITY OF CLERMONT
ORDINANCE NO.2021-003
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 9th day of February, 2021.
V"i 1.
.t
Tracy Ackroyd Howe, MMC, City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, Mayor A
Page 16 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 847 PAGE 7 of 9
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CLEMONT
Exhibit A — Concept Plan
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ORDINANCE NO.2021-003
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Page 17 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 848 PAGE 8 of 9
CLANT
Exhibit B — Elevations
CITY OF CLERMONT
ORDINANCE NO.2021-003
Page 18 of 9
INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 849 PAGE 9 of 9
(,
CLEM%NT
CITY OF CLERMONT
ORDINANCE NO.2021-003
Exhibit B — Elevations — Continued
Page 19 of 9