Ordinance No. 2020-30cC
CITY OF CLERMONT
ORDINANCE NO.2020-30
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, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
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
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 27, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH THE
SOUTH LINE OF SAID NW 1/4, N88059'12"W, A DISTANCE OF 222.01 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE WITH THE SOUTH LINE OF SAID NW 1/4, N88059'12"W, A DISTANCE OF 1099.77
FEET TO THE WEST LINE OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH SAID
WEST LINE, N00048'16"E, A DISTANCE OF 1287.12 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
STATE ROAD 50 (207-FOOT PUBLIC RIGHT OF WAY PER MAP SECTION 11070 F.P. 238429 4); THENCE
WITH SAID SOUTH RIGHT-OF-WAY LINE, S89°06'30"E, A DISTANCE OF 1092.68 FEET TO THE WEST
LINE OF THE EAST 222.00 FEET OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH
SAID WEST LINE, S00°29'22"W, A DISTANCE OF 1289.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 32.421 ACRES (1,412,249 SQUARE FEET) OF LAND, MORE OR LESS.
LOCATION
Vacant property located on the south side of SR 50
'/4 mile east of the SR 50 and Hancock Road Intersection
AK 2713216
From: Urban Estate (UE)
To: Planned Unit Development (PUD) for 100-bed rehabilitation center
and C-2 General Commercial uses
Page I 1 of 10
CLER7`''MO NT CITY OF CLERMONT
ORDINANCE NO.2020-30
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a 100-bed rehabilitation
center and C-2 General 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 — Conceptual
Site Plan SP-1 prepared by Kimley-Horn. 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
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plans approval stage of each phase of the project. Applicable
permits for any gopher tortoises and associated burrow commensal species or other
threatened or endangered species found on the property must be received from the
appropriate regulatory agencies prior to the initiation of development activity.
5. 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.
6. Any proposed City -maintained utilities that are not located within a dedicated public right-
of-way shall be placed in a utility easement dedicated to the City. Easements shall be
provided at no expense to the City and in a form acceptable to the City.
7. 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.
Page 12 of 10
CITY OF CLERMONT
ORDINANCE NO. 2020-30
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
2
2
The project will consist of two separate phases. Phase 1, approximately 12 acres, will be
the 100-bed rehabilitation center, and Phase 2, approximately 20 acres, will be C-2 General
Commercial uses.
Phase 1 will consist of one primary building, constructed in three bed phases with a final
total of 100-beds. The total square footage of the overall building shall not exceed 85,000
square feet.
Building Setbacks
State Road 50 (Front)
Side Yard (West)
Side Yard (East)
Rear Yard (South)
Internal to Planned Unit Development
3. Landscape Buffer
50 feet from the property line
12 feet from the property line
12 feet from the property line
25 feet from the property line
12 feet from the property line
From State Road 50 (Front) 20 feet Buffer
Side (East/West) 10 feet Buffer
Rear (South) 10 feet Buffer
4. Phase 1 building 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.
5. Phase 1 grading shall be completed in accordance with Exhibit C - Cut/Fill Exhibit,
prepared by Kimley-Horn, that allows a maximum cut of 20.5 feet and a maximum fill of
19.5 feet in the areas indicated on the exhibit. Cut/Fill will be analyzed once
development plans are prepared for Phase 2. If cut/fill exceeds the Land Development
Code for the proposed project, a separate cut/fill variance will be required at that time.
6. By virtue of the transportation system needs for the project, the developer shall dedicate
without compensation, on the final plat and/or commercial site plan, a 100-foot right-of-
way for Hooks Street within the project boundary, from the western property line through
the property towards to east, as directed by the final engineering plans of Hooks Street.
This right-of-way shall be dedicated upon request of the City or Lake County prior to site
plan approval, or any time thereafter, if the need arises. Additional non-exclusive
easements necessary to accommodate harmonizing grading, drainage, road, and road
related easements; not to exceed 100 feet in width adjacent and parallel, north and south,
to the Hooks Street right-of-way shall be dedicated. The total width of the Hooks Street
right-of-way and non-exclusive easements is up to 300 foot in width. The right-of-way
and non-exclusive easements shall be identified at preliminary plat and/or preliminary
commercial site plan review and shown on the final plat/commercial site plan. The
developer shall coordinate with the County and the City on alignment and grading of
Hooks Street. The non-exclusive easement width will be adjusted with design plans
approved by the County and the City. Dedication of public utility easements within the
non-exclusive easement along and adjacent to Hooks Street, not to exceed 20 foot in
width, shall be required by the Developer. The latest that the Hooks Street right-of-way
Page 13 of 10
Cc
CLEM� CITY OF CLERMONT
-� ORDINANCE NO.2020-30
and non-exclusive easements shall be dedicated shall be at final plat, or by deed with the
construction of Phase 2 of the development.
7. Cross -access between Phase 1 and Phase 2 will be required, as well as cross -access to the
development to the West and East, Shops at Waterbrooke, Ordinance 2017-49, and as
amended. The access shall be no closer than 100 feet north of the Hooks Street right-of-
way.
8. Roadway Lighting: The developer shall arrange with the power utility provider for
installation of streetlights along Hooks Street. The cost of installation shall be paid by
the developer and shall be installed at the time of construction of Hooks Street.
9. Any development on Phase 2 shall be subject to a Traffic Impact Analysis at time of site
plan submittal.
10. The entire 32 acre site shall be master planned for utilities, including any off -site
improvements and connections. This shall be completed prior to any site plan approval
for Phase 1 or Phase 2.
11. All fencing within public view shall be ornamental vinyl, metal, or brick, as approved by
the Site Review Committee.
12. The existing billboard onsite shall be removed prior to issuance of the first building
permit.
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 C-2 General Commercial 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.
Pagel 4 of 10
c'
CLER_ONT
CITY OF CLERMONT
-'' ORDINANCE NO.2020-30
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 15 of 10
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ORDINANCE NO. 2020-30
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Page 16 of 10
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CLE (T
CITY OF CLERMONT
ORDINANCE NO.2020-30
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 91h day of February, 2021.
ATTEST:
�'-44V-
Tracy Ackroyd r1owe, MMC, City Clerk
Approv and legality:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, ayor '\A
Page 17 of 10
CAE T
CITY OF CLERMONT
ORDINANCE NO.2020-30
Exhibit A - Aerial Site Plan — Phase 1
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Page 18 of 10
CLE
CITY OF CLERMONT
ORDINANCE NO.2020-30
Exhibit B — Elevations — Phase 1
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Page 19 of 10
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CITY OF CLERMONT
ORDINANCE NO.2020-30
Exhibit C — Cut/Fill — Phase 1
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Page 110 of 10
INSTRUMENT#: 2021050013 OR BK 5685 PG 1322 PAGES: 10 4/13/2021 10:17:46 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
6
[LEKI" CITY OF CLERMONT
--�''` �`''� ORDINANCE NO.2020-30
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, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
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
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 27, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, CITY OF CLERMONT, LAKE COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH THE
SOUTH LINE OF SAID NW 1/4, N88059'12"W, A DISTANCE OF 222.01 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE WITH THE SOUTH LINE OF SAID NW 1/4, N88°59'12"W, A DISTANCE OF 1099.77
FEET TO THE WEST LINE OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH SAID
WEST LINE, N00048'16"E, A DISTANCE OF 1287.12 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
STATE ROAD 50 (207-FOOT PUBLIC RIGHT OF WAY PER MAP SECTION 11070 F.P. 238429 4); THENCE
WITH SAID SOUTH RIGHT-OF-WAY LINE, S89°06'30"E, A DISTANCE OF 1092.68 FEET TO THE WEST
LINE OF THE EAST 222.00 FEET OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 27; THENCE WITH
SAID WEST LINE, S00°29'22"W, A DISTANCE OF 1289.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 32.421 ACRES (1,412,249 SQUARE FEET) OF LAND, MORE OR LESS.
LOCATION
Vacant property located on the south side of SR 50
'/4 mile east of the SR 50 and Hancock Road Intersection
AK 2713216
From: Urban Estate (UE)
To: Planned Unit Development (PUD) for 100-bed rehabilitation center
and C-2 General Commercial uses
Page I I of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1323 PAGE 2 of 10
�ONT
CITY OF CLERMONT
ORDINANCE NO.2020-30
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a 100-bed rehabilitation
center and C-2 General Commercial uses 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 Exhibit A — Conceptual
Site Plan SP-1 prepared by Kimley-Horn. 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. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plans approval stage of each phase of the project. Applicable
permits for any gopher tortoises and associated burrow commensal species or other
threatened or endangered species found on the property must be received from the
appropriate regulatory agencies prior to the initiation of development activity.
5. 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.
6. Any proposed City -maintained utilities that are not located within a dedicated public right-
of-way shall be placed in a utility easement dedicated to the City. Easements shall be
provided at no expense to the City and in a form acceptable to the City.
7. 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.
Pagel 2 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1324 PAGE 3 of 10
OF CLERMONT
ORDINANCE NO.2020-30
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
The project will consist of two separate phases. Phase 1, approximately 12 acres, will be
the 100-bed rehabilitation center, and Phase 2, approximately 20 acres, will be C-2 General
Commercial uses.
2. Phase 1 will consist of one primary building, constructed in three bed phases with a final
total of 100-beds. The total square footage of the overall building shall not exceed 85,000
square feet.
2. Building Setbacks
State Road 50 (Front)
50 feet from the property line
Side Yard (West)
12 feet from the property line
Side Yard (East)
12 feet from the property line
Rear Yard (South)
25 feet from the property line
Internal to Planned Unit Development
12 feet from the property line
3. Landscape Buffer
From State Road 50 (Front)
20 feet Buffer
Side (East/West)
10 feet Buffer
Rear (South)
10 feet Buffer
4. Phase 1 building 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.
5. Phase 1 grading shall be completed in accordance with Exhibit C - Cut/Fill Exhibit,
prepared by Kimley-Horn, that allows a maximum cut of 20.5 feet and a maximum fill of
19.5 feet in the areas indicated on the exhibit. Cut/Fill will be analyzed once
development plans are prepared for Phase 2. If cut/fill exceeds the Land Development
Code for the proposed project, a separate cut/fill variance will be required at that time.
6. By virtue of the transportation system needs for the project, the developer shall dedicate
without compensation, on the final plat and/or commercial site plan, a 100-foot right-of-
way for Hooks Street within the project boundary, from the western property line through
the property towards to east, as directed by the final engineering plans of Hooks Street.
This right-of-way shall be dedicated upon request of the City or Lake County prior to site
plan approval, or any time thereafter, if the need arises. Additional non-exclusive
easements necessary to accommodate harmonizing grading, drainage, road, and road
related easements; not to exceed 100 feet in width adjacent and parallel, north and south,
to the Hooks Street right-of-way shall be dedicated. The total width of the Hooks Street
right-of-way and non-exclusive easements is up to 300 foot in width. The right-of-way
and non-exclusive easements shall be identified at preliminary plat and/or preliminary
commercial site plan review and shown on the final plat/commercial site plan. The
developer shall coordinate with the County and the City on alignment and grading of
Hooks Street. The non-exclusive easement width will be adjusted with design plans
approved by the County and the City. Dedication of public utility easements within the
non-exclusive easement along and adjacent to Hooks Street, not to exceed 20 foot in
width, shall be required by the Developer. The latest that the Hooks Street right-of-way
Page 13 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1325 PAGE 4 of 10
C��TN
CITY OF CLERMONT
ORDINANCE NO.2020-30
and non-exclusive easements shall be dedicated shall be at final plat, or by deed with the
construction of Phase 2 of the development.
7. Cross -access between Phase 1 and Phase 2 will be required, as well as cross -access to the
development to the West and East, Shops at Waterbrooke, Ordinance 2017-49, and as
amended. The access shall be no closer than 100 feet north of the Hooks Street right-of-
way.
Roadway Lighting: The developer shall arrange with the power utility provider for
installation of streetlights along Hooks Street. The cost of installation shall be paid by
the developer and shall be installed at the time of construction of Hooks Street.
9. Any development on Phase 2 shall be subject to a Traffic Impact Analysis at time of site
plan submittal.
10. The entire 32 acre site shall be master planned for utilities, including any off -site
improvements and connections. This shall be completed prior to any site plan approval
for Phase 1 or Phase 2.
11. All fencing within public view shall be ornamental vinyl, metal, or brick, as approved by
the Site Review Committee.
12. The existing billboard onsite shall be removed prior to issuance of the first building
permit.
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 C-2 General Commercial 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.
Page 14 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1326 PAGE 5 of 10
CLER}I" NT CITY OF CLERMONT
ORDINANCE NO.2020-30
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.
Pagel 5 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1327 PAGE 6 of 10
Cam'1. NT'
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CITY OF CLERMONT
ORDINANCE NO.2020-30
Location Map:
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Pagel 6 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1328 PAGE 7 of 10
_.CLEOb-NT
CITY OF CLERMONT
ORDINANCE NO.2020-30
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 91h day of February, 2021.
ATTEST:
Tracy Ackroyd Ilowe, MMC, City Clerk
and legality:
Daniel F. Mantzaris, City
CITY OF CLERMONT
Tim Murry, ayor '\A
Page 17 of 10
INSTRUMENT# 2021050013
OR BOOK 5685/PAGE 1329
PAGE 8 of 10
("P
CL Monk
CITY OF CLERMONT
ORDINANCE NO.2020-30
Exhibit A - Aerial Site Plan — Phase 1
Page 18 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1330 PAGE 9 of 10
LENT CITY OF CLERMONT
7 :7-� ORDINANCE NO.2020-30
Exhibit B — Elevations — Phase 1
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Page 19 of 10
INSTRUMENT# 2021050013 OR BOOK 5685/PAGE 1331 PAGE 10 of 10
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CLEO'b-NT CITY OF CLERMONT
ORDINANCE NO.2020-30
Exhibit C — Cut/Fill — Phase 1
Page 110 of 10