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O-568-MCITY OF CLERMONT ORDINANCE • N0.568-M AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT CHANGE TO ALLOWABLE USES IN UNDEVELOPED DISTRICT 5 AND A CORRESPONDING MAP CHANGE (BLACK WEST); ADOPTING A MAP CHANGE TO UNDEVELOPED DISTRICT 2 (THEATER MANAGEMENT INC.) AND A RELATED TEXT CHANGE LIMITING INTENSITY; ADOPTING ' A MAP CHANGE TO ESTABLISHED RESIDENTIAL DISTRICT 4 (INLAND GROVES); ADOPTING A TEXT CHANGE TO ALLOWABLE USES IN ESTABLISHED BUSINESS DISTRICT 1; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and WHEREAS, the Comprehensive Plan of the City of Clermont may be amended pursuant to Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing June 6, 2006 and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held public hearings June 27 and July 25, 2006 on the proposed amendments to the plan in light of written comments, proposals and objections from the general public; NOW THEREFORE, be it resolved and enacted by the City of Clermont, Florid that: • CITY OF CLERMONT ORDINANCE • NO. 568-M Page -2- SECTION 1: The Future Land Use Map of the City of Clermont, adopted by the City of Clermont August 1$, 1991, pursuant to the Local Government Planning and Land Development Regulations Act of '' 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Clermont Local Planning Agency and the Clermont City Council, is hereby amended by changing the following: The 574.95-acre property described in Exhibit A as shown: CHANGE IN FUTURE LAND USE CLASSIFICATION FROM COUNTY URBAN EXPANSION AND SUBURBAN TO UD-5 MIXED-USE CLASSIFICATION III The 30.97-acre property described in Exhibit B as shown: CHANGE IN FUTURE LAND USE CLASSIFICATION FROM UD-2 RESIDENTIAL TO UD-2 COMMERCIAL • The 219-acre property described in Exhibit C as shown: CHANGE IN FUTURE LAND USE CLASSIFICATION FROM COUNTY URBAN EXPANSION TO ERD-4 RECREATIONAL SECTION 2: After public hearings held by the City of Clermont Local Planning Agency and the Clermont City Council, Appendix C, Land Use Criteria, Future Land Use Element of the Comprehensive Plan of the City of Clermont is hereby amended by amending the following language: UNDEVELOPED DISTRICT 5 U D-5 Allowable Land Uses: 1) Single family detached residences. 2) Duplex and Townhouses. 3) Multi-family attached residences. • CITY OF CLERMONT ORDINANCE • N0.568-M Page -3- 4) Property designated UD-5 located north of Highway 50, south of the Hunt Street right-of-way, and west of Grand Highway should be allowed single family residential use not to exceed 4 units per acre, and duplex, townhouses or multi- family not to exceed 8 units per acre. Under a Planned Unit Development (PUQ), multi-family development could be considered for an increase not to exceed a '. maximum of 12 units per acre. 5) Property designated UD-5 located north of Highway 50 and east of Grand Highway should be allowed low density single family, duplex, townhouse, and multi-family residential use not to exceed 4 units per acre, except property with Grand Highway frontage which should not exceed a maximum density of 8 units per acre. Under a Planned Unit Development (PUD), multi-family could be considered for an increase not to exceed a maximum of 12 units per acre. 6) General commercial use should be allowed west of Grand Highway, north of the Hunt Street right-of-way on Blocks 1, 2, 15, 16, 49, 50, 63, and 64; and at the intersection of U.S. 27 and Grand Highway with approval of a Planned Unit • Development (PUD); and east of Grand Highway at the intersection of Highway 50 and Hancock Road, surrounding the intersection not to exceed 660 feet, north, east and west. 7) Directly related land uses such as parks, schools, utilities, streets and other such activities whose primary purpose is to serve only the residents of this district. 8) Property designated UD-5 located west of Grand Highway should be allowed nursing homes facilities, professional offices and retail businesses, including restaurants, as a Planned Unit Development only. 9) Industrial development adjacent existing uses on Citrus Tower Boulevard. 10) Property designated UD-5 located north of Highway 50, lying between Citrus Tower Boulevard (formerly Jack's Lake Road), the commercial node at Hancock Road, and the planned frontage\reverse frontage road should be allowed professional office, commercial, multi-family and townhouse development not to exceed 8 units per acre. 11) Property designated UD-5 located north of Highway 50 and the planned frontag'~e\ reverse frontage road should be developed as a Planned Unit Development series. Growth patterns should include institutional and public facilities uses (e.g. • CITY OF CLERMONT ORDINANCE • N0.568-M Page -4- colleges, schools, hospitals and related occupational applications), commercia and professional office development, and residential construction including clustered multi-family, townhouse, two family, and detached single family uses not to exceed 4 units per acre. Detached single family residential uses (subdivisions) not exceeding 4 units per acre shall be considered without obligation of a Planned Unit Development. 12) Property designated UD-5 located north of Highway 50, east of Jack's Lake, and west of the intersection of Highway 50 and Citrus Tower Boulevard (formerly Jack's Lake Road) should provide continuation of the established general commercial node surrounding the intersection of U.S. Highway 27 and State Road 50. General commercial use should be located adjacent to major roadways and not extend more than 1,300 feet north of Highway 50, with the exception of the 3.3-acre parcel at the northwest corner of the intersection of Citrus Tower and Hunt Trace boulevards which shall be developed as the Citrus Tower Boulevard Professional Center and shall be allowed tourist accommodations as well as professional office. Lands located adjacent to Jack's Lake should allow professional office development, age-restricted adult • independent living, assisted living, detached single family, two family, clustered multi-family and townhouse development not to exceed 4 units per acre. (As amended through Ordinance #562-M, adopted July 25, 2006; DCA 06-I) 13) Property designated UD-5 located east of Mirror Lake and south of Old Highway 50 (C.R. 50) should be allowed single family residential use, not to exceed 4 units per acre. Property designated UD-5 located east of Blackstill Lake Road and between Florida's Turnpike and Old Highway 50 should be allowed single family residential use under a Planned Unit Development (PUD), not to exceed 4 U n Its per acre, (As amended through Ordinance #562-M, adopted July 25, 2006; DCA 06-1) 14) Property in Sections 9, 10, 15 and 16 of Township 22 South, Range 26 East and located between Old Highway 50 (C.R. 50) and Florida's Turnpike shall be developed in accordance with Mixed-Use Classification III criteria. The property shall be developed as a Planned Unit Development (PUD) and may be allowed single family residential and town homes not to exceed 2.5 units per net acre with commercial uses consistent with the commercial nodes that may be approved within the PUD. Commercial and professional office intensity on this site will be capped at up to 200,000 square feet. Public facilities/institutional intensity on th~s site will be capped at up to 200,000 square feet (as amended through ordinance #s68-M adopted ~' Nov. 28, 2006; DCA 06-2) CITY OF CLERMONT ORDINANCE . N0.568-M Page -5- MIXED-USE LAND USE CLASSIFICATIONS MIXED-USE CLASSIFICATION III -Black West Land Use Mix Minimum Maximum Land Area Land Area Land Use Required Permitted Residential ~'~ 75% 90% Commercial & Professional Office c2~ 0% 4% Conservation 6% 25% Public Facilities/Institutional (3) 0% 10% (1) Residential includes open space including water retention areas. Density • standard is 2.5 dwelling units per net acre for all residential land uses. (2) Non-residential commercial and professional office uses are not to exceed up to 200,000 square feet. (3) Public facilities/institutional uses are not to exceed up to 200,000 square feet. Allows flexibility in addressing school issues and community facilities. Percentage applied for Public Facilities/Institutional may be taken from the Residential Maximum Land Area and/or from the combination of Residential Maximum Land Area and Commercial & Professional Office Maximum Land Area. (as amended through Ordinance #568-M, adopted Nov. 28, 2006; DCA 06-2) UNDEVELOPED DISTRICT 2 U D-2 Allowable Land Uses: 1) Multi-family attached residences. 2) Highway commercial. • CITY OF CLERMONT ORDINANCE N0.568-M Page -6- 3) Professional offices. 4) Light manufacturing. 5) Tourist accommodations. 6) Public and semi-public facilities. 7) Parks and recreation facilities. ~, 8) Directly related land uses such as utilities, streets, parking facilities and any other activities that are compatible with the district. Density: 9) New residential development will be limited to a maximum of 8 dwelling units per acre. 10) For non-residential land uses, property property lying east of U.S. 27, south of ', Wilma Lake and north of Steve's Road in tracts 53A, 53B, 54A, 54B, 59 and 60 of Section 29, Township 22 South and Range 26 East, shall be capped at a Floor Area Rat10 Of 0.1 6. (as amended through Ordinance #568-M, adopted Nov. 28, 2006; DCA 06-2) ESTABLISHED BUSINESS DISTRICT 1 EBD-1 Allowable Land Uses: 1) Single family detached residences. 2) Multi-family attached residences. 3) Retail trade. 4) Professional offices. 5) Restaurants. l~ LJ CITY OF CLERMONT ORDINANCE N0.568-M Page -7- 6) Personal serVlCe establlShmentS. (as amended through Ordinance #568-M, adopted Nov. 28, 2006; DCA 06.2) 7) Tourist accommodations. 8) Public and semi-public facilities. 9) Parks and recreation facilities. 10) Directly related land uses such as utilities, streets, parking facilities and any otf~ier activities that are compatible with the district. De_De_ nsity: 11) New residential development will be limited to a maximum of 12 dwelling units per acre. SECTION 3: 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 4: All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. • CITY OF CLERMONT ORDINANCE • N0.568-M Page -8- SECTION 5: This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First reading this 14th day of November 2006. Second reading this 28th day of November 2006. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMON~, LAKE COUNTY, FLORIDA THI5 28TH DAY OF NOVEMBER 2006. arold S. Turville, Jr., Mayor ATTEST: • Tracy Ackroyd i Clerk LJ Exhibit A Legal description-Black West • A tract of land lying in Sections 9, 10, 15 and 16, Township 22 South, Range 26 East, being more particularly described as follows: Beginning at the intersection of the centerlines of the vacated rights of way lying North and W st of Lot 36, according to the Plat of Lake Highlands Company as recorded in Plat Book 3, Page 4 of the Public Records of Lake County, Florida; thence 89°51' 12"E, a distance of 1814.43 feet; Ito the Westerly right of way of the Florida Turnpike; thence S35°37'32"E, along said right of wad a distance of 3278.71 feet; thence N89°30'35"W, a distance of 24.76 feet; thence S35°37'32"E, a distance of 129.79 feet; thence N54°22'28"E, a distance of 20.00 feet; thence S35°37'32"E, along said right of way a distance of 1285.25 feet to the point of curvature of a non tangent cuiive to the right, of which the radius point lies N00°02'53"W, a radial distance of 1085.92 feet; thence departing said right of way run westerly along the arc, through a central angle of 11°55'21", a distance of 225.96 feet; thence N78°07'32"W, a distance of 98.80 feet to a point f curve to the left having a radius of 1205.92 feet and a central angle of 18°00'00"; thence weste ly along the arc, a distance of 378.85 feet; thence S83°52'28"W, a distance of 80.50 feet; thence S06°07'32"E, a distance of 120.00 feet; thence N83°52'28"E, a distance of 80.50 feet to the point of curve of a non tangent curve to the right, of which the radius point lies S06°08'21"E, a radial distance of 1079.81 feet; thence easterly along the arc, through a central angle of 04°50'23", a distance of 91.21 feet; thence S00°32'28"W, a distance of 26.56 feet; thence N84°34'01"W, a distance of 72.37 feet to a point of curve to the left having a radius of 681.51 feet and a central angle of 25°44'32"; thence westerly along the arc a distance of 306.19 feet t a • point of reverse curve to the right having a radius of 836.52 feet and a central angle of ~, 06°03'04", thence westerly along the arc, a distance of 88.35 feet, thence S75°44'31"W, a distance of 11.62 feet to a point of curve to the right having a radius of 868.23 feet and a central angle of 14°36'34"; thence westerly along the arc a distance 221.39 feet; thence S89°38'55"E, a distance of 687.00 feet; thence S00°32'28"W, a distance of 1321.37 feet; thence N89°47' 14"W, a distance of 658.44 feet; thence S00°53'05"W, a distance of 1250.54 feet to the North right of way of Old Highway 50; thence N61°22'59"W, along said right of way a distance of 478.59 feet to a point of curve to the left having a radius of 1083.00 feet and a central angle of 60°38'48"; thence westerly along the arc a distance of 1146.34 feet; thence S57°58' 13"W, a distance of 585.43 feet to a point of curve to the right having a radius of 967.00 feet and a central angle of 34°43'50"; thence westerly along the arc a distance of 586.16 feet; thence N87°17'57"W, a distance of 287.93 feet to a point of curve to the left having a radius of 3533.00 feet and a cent al angle of 04°50'20"; thence westerly along the arc a distance of 298.39 feet; thence S87°51'43"W, a distance of 835.26 feet to a point of curve to the right having a radius of 552. 0 feet and a central angle of 46°18'02"; thence westerly along the arc a distance of 446.07 feet; thence N45°50' 15"W, a distance of 1156.00 feet to a point of curve to the left having a radius of 4100.00 feet and a central angle of O1°35'38"; thence northwesterly along the arc a distance of 114.06 feet; thence N00°34'44"E departing said right of way a distance of 1139.62 feet; thence] N89°50'34"E, a distance of 332.02 feet; thence N00°36'31"E, a distance of 527.19 feet to the point of curve of a non tangent curve to the left, of which the radius point lies N42°37'52"E, a 'i radial distance of 350.00 feet; thence southeasterly along the arc, through a central angle of 24°51'20", a distance of 151.83 feet; thence S72°13'27"E; a distance of 210.58 feet; thence • N00°38' 18"E, a distance of 114.24 feet; thence S49°07'42"E, a distance of 4.92 feet; thence S77°00' 13"E, a distance of 106.27 feet; thence S66°53'30"E, a distance of 97.15 feet; thence • S69°38'01"E, a distance of 70.81 feet; thence S49°12' 12"E, a distance of 93.33 feet; thence S36°07' 18"E, a distance of 46.74 feet; thence S28°22' 18"E, a distance of 66.02 feet; thence S34°02' 10"E, a distance of 102.57 feet; thence S24° 13' 15"E, a distance of 89.75 feet; thence S67°30'27"E, a distance of 120.31 feet; thence N87°22'32"E, a distance of 61.07 feet; thence S00°41'52"W, a distance of 41.80 feet; thence N89°50'34"E, a distance of 664.04 feet; thence lil N00°45'26"E, a distance of 68.04 feet; thence S43°29'30"E, a distance of 482.63 feet; thence i, S26°30'08"E, a distance of 231.90 feet to a point of curve to the left having a radius of 100.00 ~~ feet and a central angle of 50°41'58"; thence southeasterly along the arc a distance of 88.49 fe$t; thence S77°12'06"E, a distance of 160.34 feet; thence S00°42'34"W, a distance of 83.58 feet; thence N89°49'24"E, a distance of 667.98 feet; thence N00°39'41"E, a distance of 656.45 feet,to the point of curve of a non tangent curve to the right, of which the radius point lies N06°35'37"W, a radial distance of 1004.93 feet; thence westerly along the arc, through a centr~l angle of 51°38'56", a distance of 905.89 feet; thence N44°56'40"W, a distance of 1075.62 feet to a point of curve to the left having a radius of 1095.92 feet and a central angle of 45°00'00"; thence northwesterly along the arc a distance of 860.73 feet; thence N89°56'31"W, a distance ¢f 281.03 feet; thence N00°41'53"E, a distance of 49.99 feet; thence S89°56'40"E, a distance of L 280.47 feet to the point of curve of a non tangent curve to the right, of which the radius point lees S00°09'45"W, a radial distance of 1171.07 feet; thence easterly along the arc, through a central angle of 18°52'55", a distance of 385.93 feet, thence N00°41'53"E, a distance of 635.73 feet; thence N89°54'02"E, a distance of 666.09 feet; thence N00°27'48"E, a distance of 2648.07 feet to the POINT OF BEGINNING. • NOT INCLUDING: A portion of Tract 13, Lake Highlands Company Subdivision as recorded'in Plat Book 3, Page 32 of the Public Records of Lake County, Florida, lying in Section 16, Township 22 South, Range 26 East, lying North of the abandoned railroad right-of-way, less the East 75 feet & less the North 33.15 feet of said Tract 13. Containing 25,831,152.98 square feet, or 583.77 acres, more or less. TOGETHER WITH A tract of land lying in Section 16, Township 22 South, Range 26 East being more particularly described as follows: Beginning at the Southwest corner of Lot 43 according to the plat of Lake Highlands Company as recorded in Plat Book 3, Page 32 of the Public Records of Lake County, Florida; thence N00°29'26"E, a distance of 154.27 feet to the southerly right of way of the Tavares and Gulf Railroad; thence S45°50' 14"E along said right of way a distance of 222.43 feet; thence N89°45'04"W departing said right of way a distance of 160.88 feet to the POINT OF BEGINNING. Containing 1153 square feet, or 0.026 acres, more or less. • Exhibit B• Legal description-Theatre Management Inc. . A portion of Tracts 53A, 53B, 54A, 54B, 59 and 60, as shown on the plat of Lake Highlands Company map of Section 29, Township 22 South, Range 26 East, Lake County, Florida, as recorded in Plat Book 2, page 25 of the Public Records of Lake County, Florida, less the portion described as: COMMENCING at the South'/a corner of Section 29, Township 22 South, Range 26 East, Lake County, Florida; thence run North 88°34'23" West, along the South line of the Southw~st '/a of said Section 29, for a distance of 1318.75 feet to a point on the Southerly projection of he West line of Tract 59 of said map of Lake Highlands Company; thence departing said South line, run North 00°10' 19" East, along said Southerly projection, and said West line of Tract S9, for a distance of 525.27 feet to the POINT OF BEGINNING; thence continue North 00°10' 19" East, along said West line of Tract 59, and along the West line of Tract 54B of said map of Lake Highlands Company, for a distance of 650.00 feet; thence departing said West line of Tract 54B, run South 89°49'41" East, for a distance of 453.26 feet; thence run South 33°33'45" East, for a distance of 781.61 feet; thence run South 89°49'41" East, for a distance of 887.32 feet to the POINT OF BEGINNING. Containing 30.97 acres, more or less. Exhibit C: Legal description-Inland Groves • Gov. Lots 1, 2 S of RR, Gov. Lots 4, 5 -Less From intersection of E R/W of ACL RR with Mid Sec line run Southeasterly along R/W 1000 feet for POB, East to Lake, Return to PO'B, Southeasterly along R/W to South line of Gov. Lot 5, East to lake, Northwesterly along lake to intersect first line and Less that part of S 240 feet of Gov. Lot 5, bounded on the East by the West line of CSX RR R/W, bounded on the South by the North edge of waters of Palatlakaha River, bounded on the West by the Easterly shore of waters of Lake Hiawatha for Road R/W And East '/z of Gov Lot 3 -Less from a point 33 feet South of center line of State Road 565-A run South 910.66 feet, East 986.36 feet to POB, South 49° 157in 34sec East 143.37 feet, South 2'S° 20min 19sec East 82.74 feet, South 47° 46min 19sec East 138.47 feet, South 1° 23min 39s c East 131.52 feet, South 25° 32min 04sec West 137.76 feet, South 1 ° 18min 56sec West 169. 1 feet, South 52° 28min East 73.24 feet, South 41° 18min 48sec East 53.33 feet, South 47° 46 in 15sec East 73 feet to the East line of Gov. Lot 3, North to the Northeast corner of said Gov. L©t, West to POB And From a point 33 feet South of the center line of State Road 561-A on the West line of Gov. Lo 2 run South 910.66 feet, East 986.36 feet to POB, South 49° 15min 34sec East 143.37 feet, South 25° 20min 19sec East 82.74 feet, South 47° 46min 19sec East 138.47 feet, South 1° 23min 39sjec East 131.52 feet, South 25° 32min 04sec West 137.76 feet, South 1° 18min 56sec West 169.1 • feet, South 52° 28min East 73.24 feet, South 41° 18min 48sec East 53.33 feet, South 47° 46min 15sec East 73 feet to the East line of Gov. Lot 3, North to the Northeast corner of Gov. Lot 3, West to POB, Lying in the East'/2 of Gov. L.ot 3 And From the intersection of the East R/W of ACL RR with Mid Sec line run Southeasterly along R/W 1,000 feet for POB, run East to Lake, return to POB, run Southeasterly along R/W to ~he South line of Gov. Lot 5, East to the Lake, Northwesterly along the lake to intersect first line. ~~ • •