Ordinance No. 2021-015.1Gam
CITY OF CLERMONT
ORDINANCE NO.2021-015
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.
WHEREAS, on February 23, 2021, by a vote of 4-1, the City Council denied Ordinance 2021-
010, rejecting a petition to rezone the property described below to Planned Unit Development;
WHEREAS, the applicant availed itself of its rights pursuant to Section 70.51, Florida Statutes,
requesting relief from the denial of Ordinance 2021-010;
WHEREAS, in accordance with and as required by Section 70.51, City staff and the applicant
mediated the matter on April 30, 2021, before an agreed -upon Special Magistrate; and
WHEREAS, as part of the above -referenced mediation, City staff agreed to recommend City
Council consider a revised version of Ordinance 2021-010 to include additional conditions, which
was presented to the Council as this Ordinance 2021-015;
WHEREAS, on June 8, 2021 the City Council denied Ordinance 2021-015;
WHEREAS, in accordance with Section 70.51, Florida Statutes, on July 28, 2021, the Special
Magistrate conducted an administrative hearing and received testimony and evidence presented by
the applicant in support of the Request for Relief and by the City in opposition thereto.
Additionally, the Special Magistrate received testimony from an interested member of the general
public; and
WHEREAS, based on the testimony and evidence presented at the July 28, 2021 administrative
hearing, the Special Magistrate's issued a recommended order dated August 5, 2021
recommending that the City Council approve Ordinance 2021-015.
NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida does
hereby accept the August 5, 2021 Special Magistrate's Recommendation on the Skorman Multi -
Family PUD and 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:
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CITY OF CLERMONT
ORDINANCE NO.2021-015
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 05050'49" 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
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.
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CITY OF CLERMONT
�� ORDINANCE NO.2021-015
2. The property shall be developed in substantial accordance with the PUD Plan, prepared by
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.
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'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.
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 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 internal 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
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CLE MW
CITY OF CLERMONT
7 ORDINANCE NO.2021-015
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, and as supplemented by that Response to Comments Letter dated October 13, 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. The primary full access entrance to the Project shall be off Hooks Street
with the dominant project signage at the Hooks Street Project entrance. Project signage,
subordinate in size to the Hooks Street signage, may be installed, per City code, at the
secondary project entrance off of Excalibur Road.
11. In consideration of the traffic during the AM and PM school drop off and pick up hours, the
Developer/Owner shall close and prohibit access to Excalibur Road from 6:30 to 9 AM and
1 to 5 PM EST during the schools' academic calendar days for East Ridge Middle School
and East Ridge High School.
12. 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.
13. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of
Occupancy.
14. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated above.
15. 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.
16. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
17. All leases for units in the project shall be for a minimum of one year and all tenants shall
sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any
apartment, all proposed tenants shall undergo criminal background checks.
Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons
that appear in a criminal background check:
a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque)
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CITY OF CLERMONT
ORDINANCE NO.2021-015
b. Federal, Felony, & Sex Offender will Fail for all years
C. Misdemeanor Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify.
d. Unclassified Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify. (All unclassified crimes from the Department of Corrections
will fail)
18. A six (6) foot decorative fence will be installed, per applicable City code, along all property
lines of the project, as depicted on Sheet Number LS-01, dated May 2021, and prepared by
HALFF.
19. In addition to all other landscaping required by City code, an additional visual buffer is
required as set forth in the landscaping plan, Sheet Number LS-01, dated May 2021, and
prepared by HALFF; providing vegetative buffering on the interior of the fencing facing
toward the Project, and along the project property lines abutting the shared East Ridge
Middle School property lines.
20. 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 11inches x17 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: 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
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 de-
signee, 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.
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CITY OF CLERMONT
;- ORDINANCE NO.2021-015
SECTION 8: 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 16 of 9
r
CITY OF CLERMONT
�d ORDINANCE N0.2021-015
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 14th day of September, 2021.
CITY OF CLERMONT
Tim Murry,Mayor
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
r
i
Dani an zaris, City Attorney
Page 17 of 11
CLE rvry I
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ORDINANCE NO.2021-015
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ORDINANCE NO.2021-015
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Short Term Rental Addendum:
CITY OF CLERMONT
ORDINANCE NO.2021-015
EXHIBIT D
ADDENDUM PROHHHTING N (w�/w�
SHORT-TERM SUBLETTING OR RENTAL .
L DWELLING UNIT DESCRIPTION.
Unit Nc
W eetaddress)in
(dtyJ. Florida, trip cade).
2. LEASE CONTRAST DESCRIPTION.
Lease Contract Date:
Owasr's name:
Residents Lutall residents):
This Addendum constitutes an Addendum to the above
described Lease Contact for the above described premises,
and is hereby incorporated Into and made a part of such Lease
Contrail When the terms or conditions found in this
Addendum vary or contradict any terms or conditions found
In the Lease Contract this Addendum shall control.
3. SHORT TERM SUBLEASE OR RENTING PROHIBITED.
Without limiting the prohlbldon in the Lease on subletting,
assignment and licensing, and without limiting any of our
runts or remedies, this Addendum to the Lease further
supplements and deflnes the requirements and prohibitions
condalned in the Lease Contract betweenyou and us. You ate
hereby strictly prohibited from subletting, licensing, or nndmg
£s any third party, or a kniving occupancy by any third party,
ofall or any portion of the dwelling. whether for an overnight
use or duration of my lmgth, without our prior written
consent in each Instance. This prohibition applies to overnight
staye or any other stays arranged on Afrbnb.com, VRBO,
Crafgsliet CouchsurMg, HomeAway, VacatiouRentai,
TrlpAdyiwr, FlIpRey or any other advertising, websits,
Internet. Brtlng service, or other similar Internet sites.
4 PROHIBITION ON LISTING ORADVERTISING DWELLING ON
OVERNIGHT SUBLETTING OR RENTING WEHSITE&
You agree not to Est or advertise the dwelling as being available
for short term subletting or rental or occupancy by others of
AhImb,com VRBO, Craig" Coucbsmiing, Hommway,
VacatfonRvntal. TrlpAdvisur, Inipgey or any other advertising,
website. Internet listing service, or similar Internet wvinites.
:'ou agree that 11sting or advardafngtbe dwelling on
Ahlmb mm. VRBO, Craigsllst Couchshrfing, HomeAway,
Vaadonitential, TrlpAdvbor, FTIpXoy or any other advertising.
website, Internet, listing emits, or similar internet websites
shall be a violation of this Addendum and a breach of ye:s
Lease r=h act
Resident or Residents
(Alirssfdenfr mustslyn)
S. VIOLATION OF LEASE AGREEMENT. Your Lease Contract
allows for use of your dwelling as a private residence only
and strictly prohibits conducting any kind of business in
from or f rvolvLg your dwelling unless expressly permitted
by law. Separately, your Lease Contract prehlblis subletting
or occupancy by others ofthe dwelling for anyperiod oftime
without our prior written consent. Permitting your dwelling
to be used for any subletting or rental or occupancy by others
(iffiindtngg,. without llm)tadoa for a short term), regardless
of the valnce of conafderatian receWed or Uco consferation
is received, is a violation and breach of this Addendum and
your Lease Contract
6. REMEDY FOR VIOLATION. Any violation of this Addendum
constitutes a material violation of the Lem Contract and as
such we may eserdse any default remedles permitted In the
Lease Contract, Including termination of your tenancy, in
accordance with local law. This clause shall not be Interpreted
to restrict our rights to terminate your tenan y for a" lawful
reasom or by any lawful method.
7. RESIDENT LIABILITY. You are responsible for and shall
be held liable for any and all tosses, damages, and/or fines
that we incur as a result of your violations of the terms of ifs
Addendum or the Lease Coutract Further, you agree you are
responsible for and shag be held liable for any and all actions
of anyperson(s) who occupy your dwelling In violation of the
terms of this Addendum or the Lease Contract. Including, but
not limited to, property damage, personal injury, disturbance
of other residents. and violence or attempted violence to
another person. In accordance with applicable law, without
limiting your liability you agree we shall lave the sight to
culled against any renters or liability insurance policy
maintained by you for any losses or damages that we incur
as the result of any violation of the terms of this Addendum
B. SEVERABUM.. If any provision of this Addendum or
the Lena Contract is invalid or unenforceable under applicable
law, such provision shall be Ineffective to the extent of such
Imatidity or uneaforceabllty only without invalidating or
otherwise affecting the remainder of this Addendum or the
Lease Contract. The court shag interpret the lease and
provisions herein Ina mner such as to uphold the valid
portions of t his Addendanum while pnaenving the intent of the
Parties,
9. SPECIAL PROVISIONS. The following special provisions
control over conflicting provisions of this primed form:
Owner or O•.vnev's Reprssettatrve
(v,gnsbeiow,
Date of SigningAddendam
It 2,20, nnroiuh Apa,®en.trea u.rx-r/a020, Fl.W 14
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