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Ordinance No. 2022-029CITY OF CLERMONT ;:, ORDINANCE NO.2022-029 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, 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 A PORTION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, RUN SOUTH 00.40' 13" WEST, ALONG THE EAST LINE OF SAID SECTION 26, A DISTANCE OF 1183.62 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF WEST COLONIAL DRIVE (STATE ROAD NO. 50), ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT— OF—WAY MAP SECTION NO. 11070-2505; THENCE RUN NORTH 89°06'47" WEST, ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 680.32 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°06'47" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 37.58 FEET TO THE SOUTHEASTERLY CORNER OF THE FLORIDA DEPARTMENT OF TRANSPORTATION RETENTION AREA AS RECORDED IN OFFICIAL RECORDS BOOK 591, PAGE 1209 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN NORTH 00053'29" EAST, ALONG THE EASTERLY LINE OF SAID RETENTION AREA, A DISTANCE OF 208.00 FEET TO THE NORTHEASTERLY CORNER OF SAID RETENTION AREA; THENCE RUN NORTH 89°05'47" WEST, ALONG THE NORTHERLY LINE OF SAID RETENTION AREA, A DISTANCE OF 609.73 FEET; THENCE RUN NORTH 00°35' 14" EAST, DEPARTING SAID NORTHERLY LINE, A DISTANCE OF 659.86 FEET; THENCE RUN, PARALLEL TO SAID NORTHERLY LINE, SOUTH 89°05'47" EAST, A DISTANCE OF 630.78 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN ACCESS, INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2754, PAGE 2316 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN SOUTH 00025'53" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 868.21 FEET TO THE POINT OF BEGINNING. (SITE CONTAINS 9.8 +/- ACRES). CITY OF CLERMONT CLaof ORDINANCE NO.2022-029 LOCATION: Vacant parcel located North of State Road 50 and west of Auto Plex Lane A portion of Alternate Key# 3835575 TRAIL ' 0 - - • f0 , . J COLLINA TER_ U., SR 50`'-_ r PRIVATE DR l f PAGONIA RD CAJ U RD " ABBEY HILL c q U10 sc PROPERTY REZONING: FROM: Lake County Planned Commercial District (CP) TO: Clermont Planned Unit Development District (PUD) SECTION 2: CONDITIONS l . 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. No other construction shall be started on the property without formal construction plans incorporating all conditions stated in this Ordinance being submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance, any development orders and/or building permits. 3. Other than construction authorized by the Lake County Site Plan, 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 ' CITY OF CLERMONT r ORDINANCE NO.2022-029 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. This Ordinance will inure to the benefit of, and will constitute a covenant running with the land, and the terms, conditions, and provisions of this Ordinance will be binding upon the present Owners and any successor, and will be subject to every condition set out in this Ordinance. 5. Major changes as determined by the Site Review Committee may require an amendment to the Planned Unit Development (PUD). Major changes are those that change points of ingress or egress, allow a use not allowed by the PUD, or increase the intensity of development more than 10% than shown on the site plan. (in no event may the maximum building area of 75,000 sq. ft. allowed by this PUD be exceeded without an amendment approved by the City Council) SECTION 3: LAND USES AND DEVELOPMENT STANDARDS 1. The property may be used for an automoble dealership with supporting ancillary uses to the car dealership, including but not limited to repair, delivery, paint, body repair and collision, and storage of new and pre -owned automobiles, energy products and related parts and accessories, and for related general ofice purposes and not to exceed the maximum 75,000 commercial square footage, as shown in the attached conceptual plan. The property may also be developed with any other permitted uses allowed in the C-2 General Commercial zoning district. The current uses shall be allowed to continue until development pursuant to this Ordinance begins. 2. Building Setbacks and Development Standards: Front 50 feet from the property line Side Setback 15 feet from the property line Rear Setback 25 feet from the property line Side Street 25 feet from the property line 3. All landscape buffers and screening must be in accordance with Clermont Land Development Regulations (LDR). 4. The automotive dealership building shall be constructed in substantial accordance to the elevations dated May 25, 2022 and depicted at the end of this ordinance. Another commercial buildings shall adhere to the Clermont Architectural Designs Standards. The property shall be developed according to the C-2 General Commercial zoning district in the Land Development Code, unless expressly stated above. 5. The open space, impervious surface ratio, floor area ratio, building height, and the maximum intensity and density shall be in accordance with the Clermont Comprehensive Plan and Land Development Regulations (LDR). The maximum development intensity shall not exceed 0.25 Floor Area Ratio (FAR), and the maximum impervious surface ratio shall not exceed 80 percent for the entire site. CITY OF CLERMONT r ORDINANCE NO.2022-029 6. All off street parking requirements must be in accordance with Clermont Land Development Regulations. Designated vehicle inventory areas where the public is not permitted to park or drive shall not be treated as off-street parking under the Clermont Land Development regulations; but such designated vehicle inventory areas shall be developed substantially in conformance with the conceptual plan submitted to and reviewed by the City. 7. Any fencing shall be ornamental metal fencing, chain link fencing shall be prohibited. Provided, however, a security post and rail fence two feet or less in height shall be allowed. 8. Transportation improvements must be in accordance with FDOT, the Comprehensive Plan, and Clermont Land Development Regulations. 9. All transportation and road improvements required for this development is binding and shall be coordinated with Lake County Public Works, FDOT and the City of Clermont. 10. All utilities for water and sewer connections must be in accordance to Clermont standards and shall comply with all applicable City of Clermont, State, and Regional policies and regulations. 11. The stormwater management system shall be designed and constructed in accordance with all applicable City of Clermont and St. Johns Water Management District (SJWMD) standards and requirements. The additional stormwater drainage from the offsite roard improvements shall be coordinated with FDOT and SJRWMD. 12. External lightening is required and must comply with Clermont Land Development Regulations. LED lighting shall be allowed, provided it otherwise meets the Clermont Land Development regulations. 13. Signage must comply with Clermont Sign Code, Section 102-Signs. Provided, however, no setback shall be required from the FDOT pond parcel west of Autoplex Lane, provided all other criteria are met. 14. The property owner shall comply with the Concurrency Management Sytem (CMS) and shall be subject to all concurrency requirements as set forth in the Clermont Codes of Ordinances. 15. The Developer will be responsible for developing the site with compliance to the Federal Emergency Management (FEMA) regulations, Comprehensive Plan, and the Clermont Land Development Regulations, unless otherwise stated and approved in the Planned Unit Development (PUD). 16. PUD Expiration: Physical development shall commence within three (3) years from the approval date of the Planned Unit Development (PUD) Rezoning Ordinance. Failure to commence construction within three (3) years of approval shall cause the revocation of this ordinance, in accordance with the Coimprehensive Plan or superseding documents CL9 &11W CITY OF CLERMONT ORDINANCE NO.2022-029 amended. Prior to expiration of the three (3) year time frame, the City of Clermont Council may grant, after a Public Hearing, one (1) extension of the time frame for a maximum of two (2) years upon showing that reasonable efforts have been made towards securing the required approvals and commencement of construction work. 17. The City of Clermont, Lake County or Florida Department of Transportation, as a result of the traffic impact analysis prepared by Traffic Planning and Design and with a revision date of June 2022 and accepted by the City (the "TIA"), can require the developer be responsible for any mitigation improvements, proportionate fair share improvements or payments recommended by the TIA. The mitigation improvements, proportionate fair share improvements or payments, as applicable, shall be completed prior to the first Certificate of Occupancy. 18. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access point to SR 50 shall be as shown on the concept plan and subject to all FDOT and City requirements. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance 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 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 and at the cost of the applicant. SECTION 8: PUBLICATION & 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. CITY OF CLERMONT �co � ORDINANCE N0.2022-029 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28t' day of June 2022. CITY OF CLERMONT G�L�I Tim Murry, yor r n� - Tracy Ackroyd Howe, MMC City Clerk as to form and legality: 1 F. Mantzaris, City Attorney ct CITY OF CLERMONT ORDINANCE NO. 2022-029 F14013 AUTO PLEX LANE , Sample Elevations: ORLANDO CLERMONT A T 77T ------------- -- lei7— Am,--m A- - INSTRUMENT#: 2022090831 OR BK 5984 PG 2079 PAGES: 7 7/1/2022 11:13:49 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $61.00 CITY OF CLERMONT ORDINANCE NO.2022-029 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, 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 A PORTION OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, RUN SOUTH 00.40' 13" WEST, ALONG THE EAST LINE OF SAID SECTION 26, A DISTANCE OF 1183.62 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF WEST COLONIAL DRIVE (STATE ROAD NO. 50), ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT— OF—WAY MAP SECTION NO. 11070-2505; THENCE RUN NORTH 89°06'47" WEST, ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 680.32 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°06'47" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT—OF—WAY LINE, A DISTANCE OF 37.58 FEET TO THE SOUTHEASTERLY CORNER OF THE FLORIDA DEPARTMENT OF TRANSPORTATION RETENTION AREA AS RECORDED IN OFFICIAL RECORDS BOOK 591, PAGE 1209 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN NORTH 00053'29" EAST, ALONG THE EASTERLY LINE OF SAID RETENTION AREA, A DISTANCE OF 208.00 FEET TO THE NORTHEASTERLY CORNER OF SAID RETENTION AREA; THENCE RUN NORTH 89°05'47" WEST, ALONG THE NORTHERLY LINE OF SAID RETENTION AREA, A DISTANCE OF 609.73 FEET; THENCE RUN NORTH 00°35' 14" EAST, DEPARTING SAID NORTHERLY LINE, A DISTANCE OF 659.86 FEET; THENCE RUN, PARALLEL TO SAID NORTHERLY LINE, SOUTH 89°05'47" EAST, A DISTANCE OF 630.78 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN ACCESS, INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2754, PAGE 2316 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN SOUTH 00025'53" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 868.21 FEET TO THE POINT OF BEGINNING. (SITE CONTAINS 9.8 +/- ACRES). INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2080 PAGE 2 o f 7 CITY OF CLERMONT ORDINANCE NO.2022-029 LOCATION: Vacant parcel located North of State Road 50 and west of Auto Plex Lane A portion of Alternate Key# 3835575 PROPERTY REZONING: FROM: Lake County Planned Commercial District (CP) TO: Clermont Planned Unit Development District (PUD) SECTION 2: CONDITIONS l . 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. No other construction shall be started on the property without formal construction plans incorporating all conditions stated in this Ordinance being submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance, any development orders and/or building permits. 3. Other than construction authorized by the Lake County Site Plan, 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 INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2081 PAGE 3 of 7 l-W, Ci,,.,' ¢: 4:.. CITY OF CLERMONT ORDINANCE NO.2022-029 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. This Ordinance will inure to the benefit of, and will constitute a covenant running with the land, and the terms, conditions, and provisions of this Ordinance will be binding upon the present Owners and any successor, and will be subject to every condition set out in this Ordinance. Major changes as determined by the Site Review Committee may require an amendment to the Planned Unit Development (PUD). Major changes are those that change points of ingress or egress, allow a use not allowed by the PUD, or increase the intensity of development more than 10% than shown on the site plan. (in no event may the maximum building area of 75,000 sq. ft. allowed by this PUD be exceeded without an amendment approved by the City Council) SECTION 3;_ LAND USES AND DEVELOPMENT STANDARDS 1. The property may be used for an automoble dealership with supporting ancillary uses to the car dealership, including but not limited to repair, delivery, paint, body repair and collision, and storage of new and pre -owned automobiles, energy products and related parts and accessories, and for related general ofice purposes and not to exceed the maximum 75,000 commercial square footage, as shown in the attached conceptual plan. The property may also be developed with any other permitted uses allowed in the C-2 General Commercial zoning district. The current uses shall be allowed to continue until development pursuant to this Ordinance begins. 2. Building Setbacks and Development Standards: Front 50 feet from the property line Side Setback 15 feet from the property line Rear Setback 25 feet from the property line Side Street 25 feet from the property line 3. All landscape buffers and screening must be in accordance with Clermont Land Development Regulations (LDR). 4. The automotive dealership building shall be constructed in substantial accordance to the elevations dated May 25, 2022 and depicted at the end of this ordinance. Another commercial buildings shall adhere to the Clermont Architectural Designs Standards. The property shall be developed according to the C-2 General Commercial zoning district in the Land Development Code, unless expressly stated above. The open space, impervious surface ratio, floor area ratio, building height, and the maximum intensity and density shall be in accordance with the Clermont Comprehensive Plan and Land Development Regulations (LDR). The maximum development intensity shall not exceed 0.25 Floor Area Ratio (FAR), and the maximum impervious surface ratio shall not exceed 80 percent for the entire site. INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2082 PAGE 4 of 7 CITY OF CLERMONT ORDINANCE NO.2022-029 6. All off street parking requirements must be in accordance with Clermont Land Development Regulations. Designated vehicle inventory areas where the public is not permitted to park or drive shall not be treated as off-street parking under the Clermont Land Development regulations; but such designated vehicle inventory areas shall be developed substantially in conformance with the conceptual plan submitted to and reviewed by the City. 7. Any fencing shall be ornamental metal fencing, chain link fencing shall be prohibited. Provided, however, a security post and rail fence two feet or less in height shall be allowed. 8. Transportation improvements must be in accordance with FDOT, the Comprehensive Plan, and Clermont Land Development Regulations. 9. All transportation and road improvements required for this development is binding and shall be coordinated with Lake County Public Works, FDOT and the City of Clermont. 10. All utilities for water and sewer connections must be in accordance to Clermont standards and shall comply with all applicable City of Clermont, State, and Regional policies and regulations. 11. The stormwater management system shall be designed and constructed in accordance with all applicable City of Clermont and St. Johns Water Management District (SJWMD) standards and requirements. The additional stormwater drainage from the offsite roard improvements shall be coordinated with FDOT and SJRWMD. 12. External lightening is required and must comply with Clermont Land Development Regulations. LED lighting shall be allowed, provided it otherwise meets the Clermont Land Development regulations. 13. Signage must comply with Clermont Sign Code, Section 102-Signs. Provided, however, no setback shall be required from the FDOT pond parcel west of Autoplex Lane, provided all other criteria are met. 14. The property owner shall comply with the Concurrency Management Sytem (CMS) and shall be subject to all concurrency requirements as set forth in the Clermont Codes of Ordinances. 15. The Developer will be responsible for developing the site with compliance to the Federal Emergency Management (FEMA) regulations, Comprehensive Plan, and the Clermont Land Development Regulations, unless otherwise stated and approved in the Planned Unit Development (PUD). 16. PUD Expiration: Physical development shall commence within three (3) years from the approval date of the Planned Unit Development (PUD) Rezoning Ordinance. Failure to commence construction within three (3) years of approval shall cause the revocation of this ordinance, in accordance with the Coimprehensive Plan or superseding documents INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2083 PAGE 5 of 7 CITY OF CLERMONT ORDINANCE NO.2022-029 amended. Prior to expiration of the three (3) year time frame, the City of Clermont Council may grant, after a Public Hearing, one (1) extension of the time frame for a maximum of two (2) years upon showing that reasonable efforts have been made towards securing the required approvals and commencement of construction work. 17. The City of Clermont, Lake County or Florida Department of Transportation, as a result of the traffic impact analysis prepared by Traffic Planning and Design and with a revision date of June 2022 and accepted by the City (the "TIA"), can require the developer be responsible for any mitigation improvements, proportionate fair share improvements or payments recommended by the TIA. The mitigation improvements, proportionate fair share improvements or payments, as applicable, shall be completed prior to the first Certificate of Occupancy. 18. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access point to SR 50 shall be as shown on the concept plan and subject to all FDOT and City requirements. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance 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 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 and at the cost of the applicant. SECTION 8: PUBLICATION & 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. INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2084 PAGE 6 of 7 CITY OF CLERMONT ORDINANCE NO.2022-029 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28t' day of June 2022. CITY OF CLERMONT a. .. ,, Tim Murry, yor Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: f ' D ie F. Mantzaris, City Attorney INSTRUMENT# 2022090831 OR BOOK 5984/PAGE 2085 PAGE 7 o f 7 CITY OF CLERMONT ORDINANCE NO.2022-029 Sample Elevations: dYbla®¢ �� ". mE