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Ordinance No. 2021-010CITY OF CLERMONT c-� ORDINANCE NO.2021-010 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: �EC'TION 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 The South 30 feet of the West 1/2 of Lot 13, the West 1/2 of Lot 14, the South 30 feet of Lot 15, and all of Lot 16, Block 93, THE CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida LOCATION 872 West Minneola Ave. AK 1615135 0.31 +/- Acres FROM: Central Business District (CBD) 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 ten residential units and CBD Central Business District 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 — Concept Site Plan prepared by Germana Engineering, dated 3-29-2021. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved Page 11 of 7 S" CITY OF CLERMONT CLAW -ORDINANCE NO.2021-010 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. 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 10 residential dwelling units (d.u) may be permitted on the site, not to exceed a base density of 32.5 dwelling units/acre. A separate Community Benefit Agreement shall be required since the project has exceeded the 25 dwelling units per acre and is presented in Exhibit C — Community Benefit Agreement. If the Community Benefit Agreement is not properly fulfilled, this PUD becomes null and void. 2. 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. 3. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The applicant is requesting a waiver to Section 98-14 to allow a reduction in parking for the project by five on -site parking spaces. 5. The applicant is requesting a waiver to Section 118-37 (d) to allow a reduced landscape buffer of seven (7) feet around the parking area consisting of shrubs and understory trees meeting Section 118-37 (3). 6. The applicant is requesting a waiver to Section 114-4 to allow landscape irrigation from the City's potable supply. Page 12 of 7 LEMOtq CITY OF CLERMONT C�� ORDINANCE NO.2021-010 7. The developer shall be fully responsible for any and all costs associated with moving the trail and the addition of the four parking spaces adjacent to the project. These incurred costs (change orders,etc.) shall include, but not limited to; design, engineering, construction, landscaping and any other costs associated with utilites, street lighting, driveway, and parking spaces due to modification of the existing City of Clermont Streetscape Plans, Phase Two. 8. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. 9. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 10. This Planned Unit Development shall become null and void if substantial construction work has not begun within two (2) 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 13 of 7 (9w CITY OF CLERMONT ORDINANCE NO.2021-010 Location Man: w oscEoLA sr 1 00 w � W MINNEOLA AVE Page 14 of 7 CITY OF CLERMONT C ORDINANCE NO.2021-010 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this I Ith day of May, 2021. F AT4 Tracy Ackroyd Howe, MMC, City Clerk as to form cmd legality: --� Daniel F. Mantzaris, City Attorney Page 15 of 7 CITY OF CLERMONT Tim Murry, Nfiyof CLE , 51'. _-. ( c w �", i Page 16 of 7 CITY OF CLERMONT ORDINANCE NO. 2021-010 Exhibit A — Concept Plan 1h% d Sig 3nN3AVM3NNni33MZZ8 MILEmmi ffffim s � I � d �) gig 0 nNd G) e - — -- — -- — -- IAT� - 7 ip a love ■ T 1 ■�� �� I ■n, -Q ! rat ! F�iri� . r : Ifni 1 0 AS KI ■ ■ d" LF CITY OF CLERMONT Crow a1 ORDINANCE NO.2021-010 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 The South 30 feet of the West 1/2 of Lot 13, the West 1/2 of Lot 14, the South 30 feet of Lot 15, and all of Lot 16, Block 93, THE CITY OF CLERMONT, according to the map or plat thereof as recorded in Plat Book 8, Page 17, Public Records of Lake County, Florida LOCATION 872 West Minneola Ave. AK 1615135 0.31 +/- Acres FROM: Central Business District (CBD) 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 ten residential units and CBD Central Business District 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 — Concept Site Plan prepared by Germana Engineering, dated 3-29-2021. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved Page 11 of 7 LE CITY OF CLERMONT C�ORDINANCE NO.2021-010 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. 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 10 residential dwelling units (d.u) may be permitted on the site, not to exceed a base density of 32.5 dwelling units/acre. A separate Community Benefit Agreement shall be required since the project has exceeded the 25 dwelling units per acre and is presented in Exhibit C — Community Benefit Agreement. If the Community Benefit AgKeement is not propeLly fulfilled this PUD becomes null and void. 2. 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. 3. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The applicant is requesting a waiver to Section 98-14 to allow a reduction in parking for the project by five on -site parking spaces. 5. The applicant is requesting a waiver to Section 118-37 (d) to allow a reduced landscape buffer of seven (7) feet around the parking area consisting of shrubs and understory trees meeting Section 118-37 (3). 6. The applicant is requesting a waiver to Section 114-4 to allow landscape irrigation from the City's potable supply. Page 12 of 7 CITY OF CLERMONT 14 ORDINANCE NO.2021-010 7. The developer shall be fully responsible for any and all costs associated with moving the trail and the addition of the four parking spaces adjacent to the project. These incurred costs (change orders,etc.) shall include, but not limited to; design, engineering, construction, landscaping and any other costs associated with utilites, street lighting, driveway, and parking spaces due to modification of the existing City of Clermont Streetscape Plans, Phase Two. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. 9. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 10. This Planned Unit Development shall become null and void if substantial construction work has not begun within two (2) 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 13 of 7 S-P CITY OF CLERMONT 7- ORDINANCE NO.2021-010 Location Ma W OSCEOLA ST cc W MINNEOLA �I►1�E Page 14 of 7 G9' CITY OF CLERMONT ORDINANCE NO.2021-010 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 11h day of May, 2021. CITY OF CLERMONT Tim Murry, yo' ATTEST" Tracy Ackroyd Howe, MMC, City Clerk Daniel F. Mantzaris, City Attorney Page 15 of 7 CANT 7 Page 16 of 7 CITY OF CLERMONT ORDINANCE NO.2021-010 Exhibit A — Concept Plan Ic 1sl.�:x+00 3i1N3AY tl10�IMW183M LLB ririmoai+yir � . _ _.. _ ONGl3311:1N3 4MIflt133 z z 111 W I q r — I Vol — : ; ;l I I lip I pis Is i■I I : 1 WIN I �� OM