Ordinance No. 2022-013CGENT CITY OF CLERMONT
�"1 ORDINANCE NO.2022-013
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
PARCELI:
THE NORTH 324.2 FEET OF THE WEST 268.72 FEET OF TRACT 5,
IN SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST,
ACCORDING TO THE PLAT OF LAKE HIGHLANDS COMPANY
RECORDED IN PLAT BOOK 3, PAGE 30, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA
AND
PARCEL 2:
THE NORTH 50 FEET OF THE WEST 268.72 FEET OF THE
FOLLOWING DESCRIBED PARCEL: THE WEST '/2 OF TRACT 5, IN
SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING
TO THE PLAT OF LAKE HIGHLANDS COMPANY, RECORDED IN
PLAT BOOK 3, PAGE 30, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, LESS AND EXCEPT THE NORTH 324.2 FEET OF THE
WEST 268.72 FEET THEREOF.
LOCATION
Site located south of the Hatteras Ave. and Citrus Tower Blvd. intersection,
Currently used as New Beginnings Thrift Store.
Alternate Key #3801361
2.30 +/- Acres
CLAW CITY OF CLERMONT
1 ORDINANCE NO.2022-013
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REQUESTED ACTION:
To rezone the property from M-1 Industrial zoning to
Planned Unit Development (PUD) zoning to allow residential and commercial uses
SECTION 2. GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a 6-unit multi -family residential
Planned Unit Development along with 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 the New Beginnings
Concept Plan prepared by Highland Engineering, Inc., dated 04-25-2022. 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.
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C1 ORDINANCE NO.2022-013
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. The PUD Concept Plan shows an existing 11,470 square foot building fronting on Citrus
Tower Boulevard that will be permitted for C-2 General Commercial Use, including office
and retail sales. To the rear of this building, one additional building consisting of 6 housing
units may be constructed. Each unit shall be a minimum of 600 square feet living space.
2. Setbacks for the existing commercial building
From Citrus Tower
25 feet from the property line
East property line:
3 feet from the property line
West property line:
12 feet from the property line
South property:
25 feet from the property line
3. Setbacks for the multi -family building
From Citrus Tower
25 feet from the property line
East property line:
12 feet from the property line
West property line:
12 feet from the property line
South property:
25 feet from the property line
4. In the spirit of providing affordable temporary housing, each housing unit shall not exceed
the rental rate of 60% of the Area Median Income (AMI). This is to be determined on a
yearly basis by the Area Median Income (AMI) for the City of Clermont, as defined each
year by the U.S. Department of Housing and Urban Development (HUD) for the Orlando -
Kissimmee -Sanford, FL MSA. This shall be for a minimum of 30 years.
5. One family unit shall only be allowed per rental unit. Bedrooms shall not be individually
rented.
6. The multi -family building shall be constructed in a manner that shall meet the City of
Clermont's Architectural Standards and as represented in the provided elevations.
7. The City of Clermont Fire Marshall shall determine the feasibility and design of the access
point and the necessary means of ingress/egress to the residential development at the time
of site plan review and approval. The multi -family building will be required to be
sprinkled, as required by the applicable Fire Code.
LAW CITY OF CLERMONT
C --C--I " ORDINANCE NO.2022-013
8. The applicant is requesting the ability to use two (2) 8 feet by 40 feet outside storage
containers behind the commercial building for product used in the retail sales operation.
The container placement and use must be in accordance with applicable Fire Code and
those of other appropriate jurisdictional entities. If the containers become unsightly, house
and produce rodents or vermin, or any other health, safety and welfare issue is observed
and verified, the containers shall be removed.
9. The applicant is requesting the placement and use of a 1,600 square feet metal building on
a permanent basis located behind the 11,470 square foot building for the receiving and
sorting of thrift store items. The metal building use must be in accordance with applicable
Fire Code and those of other appropriate jurisdictional entities. If the canopy become
unsightly, house and produce rodents or vermin, or any other health, safety and welfare
issue is observed and verified, the canopy shall be removed.
10. The applicant is requesting the placement and use of a 16 feet by 20 feet shed on a
permanent basis located adjacent to the 11,470 square foot building. The shed use must be
in accordance with applicable Fire Code and those of other appropriate jurisdictional
entities. If the canopy become unsightly, house and produce rodents or vermin, or any
other health, safety and welfare issue is observed and verified, the tent shall be removed.
11. 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 C-2 General Commercial Zoning Designation and the
proposed 6 multi -family units will be null and void.
12. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
13. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated above.
SECTION 4: WAIVERS
1. The applicant is requesting a waiver to eliminate the perimeter landscape buffer
requirement along the property lines. A landscape buffer along Citrus Tower Boulevard
right-of-way will be installed.
SECTION 5: CONFLICT
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
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C�1 ORDINANCE NO.2022-013
SECTION 6: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 7: 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
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 9: PUBLICATION & 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.
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CITY OF CLERMONT
C�1 ORDINANCE NO.2022-013
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 26th day of April, 2022.
-A L
ATTEST-:
Tracy Ackroyd Howe, MMC
City Clerk
APPRO TOTORM AND LEGALITY:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, ayor
CITY OF CLERMONT
ORDINANCE NO.2022-013
EXHIBIT A
Conceptual Plan:
BOLLEVARD
CITFL18 TOWER
EXHIBIT B
Elevations: