Ordinance No. 2024-023INSTRUMENT#: 2024063823 OR BK 6341 PG 1465 PAGES: 10 5/31/2024 10:09:23 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $86.50
CC
CLEftNT CITY OF CLERMONT
--.'�— ORDINANCE NO.2024-023
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
ALL OF LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT,
FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23,
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE
OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND
RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, .OFFICIAL MAP OF
THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE
FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50
FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89026'08"
W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET;
THENCE RUN N 00018'15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A
CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
109.31 FEET THROUGH A CENTRAL ANGLE OF 10' I F01 " TO THE END OF SAID CURVE;
THENCE RUN N10029'16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1466 PAGE 2 of 10
f
C CITY OF CLERMONT
-- -� ORDINANCE NO.2024-023
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF
OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89026'32" E ALONG SAID
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34
FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00038'18" W
ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE
NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE
CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST
93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF
THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP
OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.04 ACRES, MORE OR LESS.
LOCATION
The Market and Victory Village
Improved property northwest of West Ave and Minneola Ave Intersection
Alternate Key 1615194 & 1714061
1.04 +/- Acres
Subject
Property
W MINNEOLA AVE W
Q
W
Amendment to Planned Unit Development Ordinance 2021-003
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1467 PAGE 3 of 10
CC
CLE MOnR
CITY OF CLERMONT
ORDINANCE NO.2024-023
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a mixed -use project
consisting of twenty-five 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. This PUD amendment shall reveal and
replace Ordinance 2021-003.
2. The property shall be developed in substantial accordance with Exhibit A — Concept Plan
prepared by Highland Engineering, Inc., dated 1-25-2021. 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. 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.
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 25 residential dwelling units (d.u) may be permitted on the site, not to
exceed a base density of 25 dwelling units/acre.
2. The total square footage of the commercial uses, not including shade structure, shall not
exceed 8,000 square feet, as shown on the Concept Plan.
3. The permitted non-residential uses will be in accordance with Section 125-369 Permitted
Uses within the Central Business District along with indoor recreational facilities.
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1468 PAGE 4 of 10
CLER-[� CITY OF CLERMONT
ORDINANCE NO.2024-023
4. 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.
5. Maximum building height shall be up to 55 feet, measured at the highest point.
6. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of
the project site, as shown in the red hatched area on the Concept Plan.
7. Individual retaining wall height up to 15 feet in height is permitted to deal with grade
changes and for the construction of the first floor parking garage area.
The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep.
9. The developer will be required to construct 23 parking spaces off -site that meet the Land
Development Code in the areas as shown on the Concept Plan along Victory Way and
Minneola Avenue. This will be coordinated with the City and will be required to be
installed prior to receiving final certificate of occupancy for the project. These spaces will
be offered to the public and will not be reserved for project. [Completed]
10. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
11. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
12. The City Council approved two roof signs on May 23, 2023. The signage was limited to
the word "Market". The existing "Market" signage wording will be changed to "Ax-
caliber" as shown on Exhibit C. The existing parallelogram and square footage will not be
exceeded, not the location changed. The sign facing West Avenue shall be limited up to
43 inches high and 348 inches long. The sign facing Minneola Avenue shall be limited up
to 32 inches high and 276 inches long. Any future sign shall adhere to this size sign and
location. The signage wording may be changed for a future tenant as long as the same type
and style of individual letters are used. The signs shall not be used as a multi -tenant sign.
13. 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 CBD Central Business District Zoning Designation.
[Construction started with the approval of a site plan (SITE2105-0004) on 10/18/20211
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1469 PAGE 5 of 10
d�.
r-LER�"foW
SECTION 4: CONFLICT
CITY OF CLERMONT
ORDINANCE NO.2024-023
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. Recording fees
will be at the expense of the applicant.
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.
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1470 PAGE 6 of 10
CITY OF CLERMONT
ORDINANCE NO.2024-023
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
ion this 28a' day of May, 2024.
J)-00�4--
Tracy Ackroyd Howe, MMC, City Clerk
as to form and legality:.__
Daniel
CITY OF CLERMONT
Tim Murry, Mayor
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INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1472 PAGE 8 of 10
CLE
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CITY OF CLERMONT
ORDINANCE NO. 2024-023
Exhibit B — Elevations
AP I
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INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1473 PAGE 9 of 10
CITY OF CLERMONT
ORDINANCE NO.2024-023
Exhibit B — Elevations — Continued
INSTRUMENT# 2024063823 OR BOOK 6341/PAGE 1474 PAGE 10 of 10
C
CLER' CITY OF CLERMONT
-, :::.. , wl ORDINANCE NO.2024-023
Exhibit C — Sipn, age
Facing West Ave.
"MCALIBER
�",NcALIBER
CLER ONT
CITY OF CLERMONT
Ltd ORDINANCE NO.2024-023
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
ALL OF LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT,
FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23,
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE
OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND
RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS
OF LAKE COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, OFFICIAL MAP OF
THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE
RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE
FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50
FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89026'08"
W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET;
THENCE RUN N 00018'15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A
CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF
109.31 FEET THROUGH A CENTRAL ANGLE OF 10' l F01 " TO THE END OF SAID CURVE;
THENCE RUN N10029'16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE
CLERW� CITY OF CLERMONT
.of« ORDINANCE NO.2024-023
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF
OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89°26'32" E ALONG SAID
WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34
FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00°38'18" W
ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE
NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE
CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST
93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF
THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP
OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.04 ACRES, MORE OR LESS.
LOCATION
The Market and Victory Village
Improved property northwest of West Ave and Minneola Ave Intersection
Alternate Key 1615194 & 1714061
1.04 +/- Acres
}
0
U
E
W MINNEOLA AVE w
w
PROPERTY REZONING
Amendment to Planned Unit Development Ordinance 2021-003
CLE N- CITY OF CLERMONT
C�.f ORDINANCE NO.2024-023
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development (PUD) to allow for a mixed -use project
consisting of twenty-five residential units and CBD Central Business District 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. This PUD amendment shall reveal and
revlace Ordinance 2021-003.
2. The property shall be developed in substantial accordance with Exhibit A — Concept Plan
prepared by Highland Engineering, Inc., dated 1-25-2021. 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 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 25 residential dwelling units (d.u) may be permitted on the site, not to
exceed a base density of 25 dwelling units/acre.
2. The total square footage of the commercial uses, not including shade structure, shall not
exceed 8,000 square feet, as shown on the Concept Plan.
3. The permitted non-residential uses will be in accordance with Section 125-369 Permitted
Uses within the Central Business District along with indoor recreational facilities.
CITY OF CLERMONT
CLE � ORDINANCE NO.2024-023
4. 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.
5. Maximum building height shall be up to 55 feet, measured at the highest point.
6. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of
the project site, as shown in the red hatched area on the Concept Plan.
7. Individual retaining wall height up to 15 feet in height is permitted to deal with grade
changes and for the construction of the first floor parking garage area.
The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep.
9. The developer will be required to construct 23 parking spaces off -site that meet the Land
Development Code in the areas as shown on the Concept Plan along Victory Way and
Minneola Avenue. This will be coordinated with the City and will be required to be
installed prior to receiving final certificate of occupancy for the project. These spaces will
be offered to the public and will not be reserved for project. [Completed]
10. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
11. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
12. The City Council approved two roof signs on May 23, 2023. The signage was limited to
the word "Market". The existing "Market" signage wording will be changed to "Ax-
caliber" as shown on Exhibit C. The existing parallelogram and square footage will not be
exceeded, nor the location changed. The sign facing West Avenue shall be limited up to
43 inches high and 348 inches long. The sign facing Minneola Avenue shall be limited up
to 32 inches high and 276 inches long. Any future sign shall adhere to this size sign and
location. The signage wording may be changed for a future tenant as long as the same type
and style of individual letters are used. The signs shall not be used as a multi -tenant sign.
13. 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 CBD Central Business District Zoning Designation.
[Construction started with the approval of a site plan (SITE2105-0004) on 10/18/20211
6-,
CLEMOIT CITY OF CLERMONT
ORDINANCE NO.2024-023
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. Recording fees
will be at the expense of the applicant.
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.
CSC'
•
CLEChd-d _
CITY OF CLERMONT
ORDINANCE NO.2024-023
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
8t' day of May, 2024.
CITY OF CLERMONT
Tim Murry, ayor
Tracy Ackroyd Howe, MMC, City Clerk
Approv as to form an legality:
Daniel via
�s, City Attorney
C1
0
PLM FOR
THE RESIDENCES VICTORY VILLAGE
AND
THE MARKET
CLE MONT, FLORDA
— _ — PARCEL NO. 24-22-25-0100-094-00300
_ PARCEL NO. 24-22-25-0100-094-00500 •
Y r_o e. t „ ❑ PARCI3 NO. 24-22125-0100-094-00401
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CLEOONT CITY OF CLERMONT
eo,«m ORDINANCE NO.2024-023
Exhibit B — Elevations
nrt�r •:
S
cLERI" IONS CITY OF CLERMONT
ORDINANCE NO.2024-023
Exhibit B — Elevations — Continued
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CLER ONT
CITY OF CLERMONT
ORDINANCE NO.2024-023
Exhibit C — Sienaee
Facing West Ave.
Axpo cALI R
iA
XMCALIBER
Facing N•lizineola Ave_ I