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Ordinance No. 2024-039INSTRUMENT#: 2025008898 OR BK 6465 PG 254 PAGES: 10 1/23/2025 2:08:55 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $86.50 CITY OF CLERMONT ORDINANCE NO.2024-039 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING A PLANNED UNIT DEVELOPMENT (PUD) OF 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 OVERALL DESCRIPTION THAT PORTION OF THE EAST 222.00 FEET OF THE SE'/4 OF NW %a TOGETHER WITH A PORTION OF THE SW '/4 OF NE'/4, ALL LYING IN SECTION 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH '/4 CORNER OF SECTION 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, RUN S 00°30' 12" W. ALONG THE WEST LINE OF THE NORTHEAST'/4 OF SAID SECTION 27, A DISTANCE OF 1363.52 FEET TO A POINT ON THE RIGHT OF WAY LINE OF STATE ROAD 50, PER F.D.O.T. RIGHT OF WAY MAP SECTION 11070-2505, THIS BEING THE POINT OF BEGINNING: THENCE RUN S 89006'29" E, ALONG SAID SOUTH RIGHT OF WAY LINE. A DISTANCE OF 1308.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SECTION 27; THENCE RUN S 00°25'59" W. ALONG SAID EAST LINE, A DISTANCE OF 1293.07 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF SAID SECTION 27, THENCE RUN N 88°58'56" W. ALONG THE SOUTH LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SAID SECTION 27, A DISTANCE OF 1309.61 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST '/4 OF THE NORTHEAST '/; THENCE RUN N 88°58'56" W. ALONG THE SOUTH LINE OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 27, A DISTANCE OF 222.01 FEET TO A POINT, 222.00 FEET, WESTERLY OF , WHEN MEASURED PERPENDICULAR TO THE WEST LINE OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF SAID SECTION 27; THENCE RUN N 00°30' 12"E. ALONG A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SAID SECTION 27, A DISTANCE OF 1289.70 FEET TO A POINT ON THE AFORESAID SOUTH RIGHT OF WAY LINE; THENCE RUN S 89°06'29" E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 222.00 FEET TO THE POINT OF BEGINNING. CONTAINING 45.38 ACRES, MORE OR LESS. (Alt Key# 3868854 & 3868851) INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 255 PAGE 2 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 FROM: PLANNED UNIT DEVELOPMENT (ORDINANCE NO.2017-49) TO: AMENDED PLANNED UNIT DEVELOPMENT (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development to allow for a multi -tenant commercial development with C-2 General Commercial uses along with residential dwelling units, not to exceed 12 units per acre, be granted subject to the following conditions: 1. The conditions as set forth in this amended 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 Concept Plan prepared by Koru Group, PLLC, and attached hereto and incorporated herein, Exhibit A - (the "Concept Plan" or the "Project'). The City Manager or authorized designee, will have the right to administratively approve revisions to the Concept Plan, including the configuration of buildings, provided no building will exceed 45,000 square feet, with the exception of a (3) three-story self -storage building not to exceed 100,000 square feet with a footprint not to exceed 35,000 square feet, as shown on the Concept Plan, and the overall square footage of the commercial site does not exceed 162,000 square feet, not including the mixed -use portions of the residential areas of the project (outlined in purple on the concept plan) or the land south of Hooks Street. 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 INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 256 PAGE 3 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plans approval stage of each phase of the Project. Applicable permits for any gopher tortoises and associated burrow commensal species or other threatened or endangered species found on the property must be received from the appropriate regulatory agencies prior to the initiation of development activity. 5. 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. 6. Easements shall be provided on any existing and proposed utilities that the City will own and maintain at no expense to the City. SECTION 3: LAND USES AND SPECIFIC CONDITIONS A total of up to 162,000 square feet of C-2 General Commercial Uses shall be allowed on Lots 1 through 5, substantially as shown on the Concept Plan. Lot 5 may also allow a gas station/convenience store and Lot 6 a self -storage facility. No automotive dealerships or other automotive uses shall be permitted. 2. A minimum of one dumpster pad on each of the Lots 2 through 5 and one pad or compactor for each retail building on Lot 1. The City's Code Enforcement will monitor and enforce through Section 114-8 - Solid Waste Collection Services. The City Manager or authorized designee, will have the right to administratively approve the number of dumpsters at the time of site review. 3. A minimum of one loading berth on each of the Lots 2 through 5 and one for buildings 30,000 and under, and two for buildings greater than 30,000 square feet. The City Manager or authorized designee, will have the right to administratively approve the number of loading zones at the time of site review. 4. The Project may have elevation changes of up to 30 feet with regards to filling an existing depressional area south of the existing Florida Department of Transportation (FDOT) stormwater system and with the filling and relocation of existing FDOT stormwater system. These changes will be submitted to the City Engineer at the time of final engineering showing the extent of the cut and fill. 5. Interior landscape buffers between abutting property boundaries may have a shared 10 foot wide landscape buffer with a 5 foot wide buffer on each lot to achieve a minium 10 foot wide buffer. If the shared landscape buffer is not maintained to City standards, both lot owners will be held liable for the deficiencies. The Project must also provide a minimum INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 257 PAGE 4 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 15 foot landscape buffer with an additional 30 percent plant material to create an opaque screen between the residential and commercial development. 6. All required landscape buffers shall provide an additional 30 percent more plant material, which includes trees and shrubs, to enhance the site. In additon, all landscape buffers shall be planted and maintained with Florida -Friendly landscape materials. The Developer of the residenital/mixed use portion of the Project shall use best efforts to construct and maintain parks and green areas, including but not limited to pocket (small) neighborhood parks and linear (narrow) park spaces. Such parks and green spaces shall be designed to provide a sense of place and community. The Developer shall use as design guidelines for such parks and green space projects similar in concept to the parks and green spaces located within the unincorporated master -planned communities known as Seaside, Florida (Ruskin Place) and Rosemary Beach, Florida. 8. A minimum of twenty percent (20%) of Lot 7 shall be parks and green spaces as defined in Section 3.7 above. All property south of Hooks Street shall maintain a minimum of 85% open space, including any trail and sidewalk improvements. All other lots within the Project shall comply with the Comprehensive Plan and Land Development Regulations for open space requirements. 9. Three buildings; A, C, and E, may be greater than 20,000 square feet but no more than 45,000 square feet, as shown on the site plan; provided however, one three-story self - storage building shall be allowed, as shown on the Concept Plan. The applicant has the ability to reduce these buildings so long as the overall square footage of the entire site does not exceed 162,000 square feet. 10. By virtue of the transportation system needs for the project, the Developer shall dedicate on the final plat and/or commercial site plan a 100-foot right-of-way for Hooks Street within the project boundary, from the western property line through the property towards the east, terminating in the southeast corner of the property boundary. In addition to this 100-foot right-of-way, additional land necessary to accommodate temporary construction easements not to exceed 100 feet in width shall be provided. The slope easement shall be identified at preliminary plat and/or preliminary commercial site plan review and shown on the final plat/commercial site plan. The Developer shall coordinate with the County and City on alignment and grading of Hooks Street. The slope easement width will be adjusted with design plans approved by the County and the City. This will be required prior to the first Certificate of Occupancy for the site. 11. The Developer will agree to construct that segment of Hooks Street lying within the property boundaries in exchange for transportation impact fee credits or other consideration as outlined in an agreement with the City and Lake County. 12. The Developer shall design and construct all interior streets, alleys and lanes pursuant to the standards contained within the Florida Department of Transportation Green Book and/or the Traditional Neighborhood Development Handbook, as amended. INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 258 PAGE 5 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 13. The Developer shall design and construct a replacement sewer lift station and associated force main to replace the existing lift station/force main on the property. Such design and construction shall be completed to City standards and requirements and accepted by the City prior to any Certificate of Occupancy being issued for the property, and shall be funded by the Developer. 14. The Project shall construct residential/mixed-use dwelling units consisting of fee simple townhomes or condominimums on the areas indicated on the Concept Plan, not to exceed three levels. The dwelling units shall be allowed mixed commercial use on the first floor, provided there is a residence maintained in the unit. C-1 Light Commercial uses shall be allowed within the designated areas as shown on the Concept Plan; otherwise commercial use shall be limted to Residential Professional Uses. Notwithstanding anything herein to the contrary, residenital development South of Hooks Street may be up to five (5) stories, may allow mixed use (C-1 Light Commercial) on the entry floor. The land South of Hooks Street shall remain at least eighty-five percent (85%) open space (including any trail/sidewalk improvement), emphasizing park and green space areas. Should the Developer seek to increase the amount of fee simple townhomes, this may be accomplished by decreasing the commercial acreage and increasing the residential acreage, not to exceed a maxium of 12 units to one -acre ratio for density. 15 16. 17 The table below would be the minimum requirements for the residential townhome portion of the development: Mininum Lot Area 1 800 Square Feet Minimum Living Area 1,000 Square Feet Minimum Lot Width 20 FT Minimum Lot Death 90 FT Minimum Front Building Setback 15 FT Minimum Front Porch Setback 10 FT Minimum Front Garage Setback 20 FT _ Minimum Side Yard Setback* 5 FT Setback from Side Street 15 FT j Minimum Rear Yard Setback 20 FT All other applicable requirements of the City of Clermont R-3 Zoning. Code a lv * Does not apple to interior side yards of attached townhomes __ School concurrency shall be met before final plat approval in accordance with the Comprehensive Plan and Land Development Code. The multifamily development shall be required to provide sufficient recreation facilities as required by the Comprehensive Plan Policy 1.6.4 Performance Standards. INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 259 PAGE 6 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 18. Sidewalks/Streets: a. Sidewalks to be constructed on both sides of residential and commercial streets. Sidewalks along Emil Jahna Road South of Lot 1 shall be a minimum of 10 feet in width to accommodate pedestrian and bicycle use. b. Streets shall have F-type curb and street pavement must be a minimum 24 feet wide. C. Right-of-way width for residential streets must be a minimum 60 feet. Rear loaded residential development shall be allowed alleys with a right-of-way width of 30 feet. d. A minimum of three (3) pedestrian -oriented ingress and egress walkways shall be installed within the project. The design features that enhance pedestrian safety, efficiency and connectivity with a clear delineation between vehicular areas and pedestrian walkways shall be used. At a minimum, walkways shall connect focal points ofpedestrian activity such as street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50 percent of the length of the walkway. e. The Owner shall construct a pedestrian and golf cart crossing of Hooks Street; which shall consist of a tunnel, as approved by Lake County. 19. Roadway Lighting: The Developer shall arrange with the power utility provider for installation of streetlights along Hooks Street. The cost of installation shall be paid by the Developer and shall be installed at the time of construction of Hooks Street. 20. The existing billboard onsite will be removed prior to issuance of first building permit. [Completed] 21. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. 22. A Traffic Impact Study shall be coordinated, completed and reviewed by the City's Transportation Consultant. If the study identifies a deficiency in the Level of Service of transportation facilities due to the proposed project, the Developer shall be required to participate in mitigation strategies. Review of the study shall be paid for by the Developer. 23. The Developer shall be responsible for contributing towards funding of a traffic signal at the intersection of Hooks Street and Emil Jahna Road, if and when the signal becomes warranted and permitted by the applicable governmental agency. The Developer shall only be required to pay their proportional share based upon their impacts, as determined by the latest traffic methodology and guidelines. 24. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 260 PAGE 7 of 10 F 1 CITY OF CLERMONT ORDINANCE NO.2024-039 25. The Owner shall cooperate with the homeowners within the Waterbrooke residential development to the South of the Project to: a. Agree upon a joint lake management/maintenance plan for waterbody on the south boundary of the Project, identified as a portion of Lake County Alternate Key Numbers 3868851, 3909837, and 3909845, as approved by the City and the St. Johns River Water Management District. b. Jointly develop and submit to the City architectural elevations and plans for the self -storage facility. The Owner shall have the final approval of the plans submitted to the City; however, the Owner shall use best efforts to include the recommendations of the residents of Waterbrooke. C. Advocate for a dedicated left turn lane and signal arrow at the intersection of Emil Jahna Road and State Road 50. If such improvements are approved, Owner shall contribute its proportionate share of the cost of such improvements. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. In the event of a conflict between the Concept Plan and this Ordinance, this Ordinance shall prevail. All further development permits for the Project shall comply with the Land Development Regulations and Comprehensive Plan requirements in effect at the time of application for such development permits. 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. Recording fees will be at the expense of the applicant. INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 261 PAGE 8 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 SECTION 8: PUBLICATION AND EFFECTIVE DATE 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. INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 262 PAGE 9 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 14' day of January, 2025. CITY OF CLERMONT Tun Murry, w ayor .r Tracy Ackroyd owe, MMC City Clerk Approved as to form and legality: Christian Waugh, In� im CityAttorney INSTRUMENT# 2025008898 OR BOOK 6465/PAGE 263 PAGE 10 of 10 CITY OF CLERMONT ORDINANCE NO.2024-039 Exhibit A: Concept Plan 24 - -� Lu a � r-r--r•rr,i -.--ter-a 1= � _ a Note: Interior Lots, Development, and Amenfflw are mnc*pWal and subjed to change d' CLERMONT CITY OF CLERMONT — ORDINANCE NO.2024-039 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING A PLANNED UNIT DEVELOPMENT (PUD) OF 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 OVERALL DESCRIPTION THAT PORTION OF THE EAST 222.00 FEET OF THE SE'/4 OF NW '/a TOGETHER WITH A PORTION OF THE SW %4 OF NE'/4, ALL LYING IN SECTION 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH '/4 CORNER OF SECTION 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, RUN S 00°30' 12" W. ALONG THE WEST LINE OF THE NORTHEAST '/4 OF SAID SECTION 27, A DISTANCE OF 1363.52 FEET TO A POINT ON THE RIGHT OF WAY LINE OF STATE ROAD 50, PER F.D.O.T. RIGHT OF WAY MAP SECTION 11070-2505, THIS BEING THE POINT OF BEGINNING: THENCE RUN S 89006'29" E, ALONG SAID SOUTH RIGHT OF WAY LINE. A DISTANCE OF 1308.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SECTION 27; THENCE RUN S 00°25'59" W. ALONG SAID EAST LINE, A DISTANCE OF 1293.07 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST %4 OF THE NORTHEAST '/4 OF SAID SECTION 27, THENCE RUN N 88°58'56" W. ALONG THE SOUTH LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST '/4 OF SAID SECTION 27, A DISTANCE OF 1309.61 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST'/4 OF THE NORTHEAST '/4; THENCE RUN N 88°58'56" W. ALONG THE SOUTH LINE OF THE SOUTHEAST %4 OF THE NORTHWEST %4 OF SAID SECTION 27, A DISTANCE OF 222.01 FEET TO A POINT, 222.00 FEET, WESTERLY OF , WHEN MEASURED PERPENDICULAR TO THE WEST LINE OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF SAID SECTION 27; THENCE RUN N 00°30' 12"E. ALONG A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SAID SECTION 27, A DISTANCE OF 1289.70 FEET TO A POINT ON THE AFORESAID SOUTH RIGHT OF WAY LINE; THENCE RUN S 89°06'29" E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 222.00 FEET TO THE POINT OF BEGINNING. CONTAINING 45.38 ACRES, MORE OR LESS. (Alt Key# 3868854 & 3868851) 6" CLERWONT CITY OF CLERMONT ORDINANCE NO.2024-039 SANGTU ARV RII] ,E GOLF LOURSE .7 T T Q� w mav 2 Q u PRIVATE OR FROM: PLANNED UNIT DEVELOPMENT (ORDINANCE NO.2017-49) TO: AMENDED PLANNED UNIT DEVELOPMENT (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development to allow for a multi -tenant commercial development with C-2 General Commercial uses along with residential dwelling units, not to exceed 12 units per acre, be granted subject to the following conditions: 1. The conditions as set forth in this amended 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 Concept Plan prepared by Koru Group, PLLC, and attached hereto and incorporated herein, Exhibit A - (the "Concept Plan" or the "Project"). The City Manager or authorized designee, will have the right to administratively approve revisions to the Concept Plan, including the configuration of buildings, provided no building will exceed 45,000 square feet, with the exception of a (3) three-story self -storage building not to exceed 100,000 square feet with a footprint not to exceed 35,000 square feet, as shown on the Concept Plan, and the overall square footage of the commercial site does not exceed 162,000 square feet, not including the mixed -use portions of the residential areas of the project (outlined in purple on the concept plan) or the land south of Hooks Street. 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 CLERWONT CITY OF CLERMONT 1I� ORDINANCE NO.2024-039 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plans approval stage of each phase of the Project. Applicable permits for any gopher tortoises and associated burrow commensal species or other threatened or endangered species found on the property must be received from the appropriate regulatory agencies prior to the initiation of development activity. 5. 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. 6. Easements shall be provided on any existing and proposed utilities that the City will own and maintain at no expense to the City. SECTION 3: LAND USES AND SPECIFIC CONDITIONS 1. A total of up to 162,000 square feet of C-2 General Commercial Uses shall be allowed on Lots 1 through 5, substantially as shown on the Concept Plan. Lot 5 may also allow a gas station/convenience store and Lot 6 a self -storage facility. No automotive dealerships or other automotive uses shall be permitted. 2. A minimum of one dumpster pad on each of the Lots 2 through 5 and one pad or compactor for each retail building on Lot 1. The City's Code Enforcement will monitor and enforce through Section 114-8 - Solid Waste Collection Services. The City Manager or authorized designee, will have the right to administratively approve the number of dumpsters at the time of site review. 3. A minimum of one loading berth on each of the Lots 2 through 5 and one for buildings 30,000 and under, and two for buildings greater than 30,000 square feet. The City Manager or authorized designee, will have the right to administratively approve the number of loading zones at the time of site review. 4. The Project may have elevation changes of up to 30 feet with regards to filling an existing depressional area south of the existing Florida Department of Transportation (FDOT) stormwater system and with the filling and relocation of existing FDOT stormwater system. These changes will be submitted to the City Engineer at the time of final engineering showing the extent of the cut and fill. 5. Interior landscape buffers between abutting property boundaries may have a shared 10 foot wide landscape buffer with a 5 foot wide buffer on each lot to achieve a minium 10 foot wide buffer. If the shared landscape buffer is not maintained to City standards, both lot owners will be held liable for the deficiencies. The Project must also provide a minimum S, CLERMONT CITY OF CLERMONT I ORDINANCE NO.2024-039 15 foot landscape buffer with an additional 30 percent plant material to create an opaque screen between the residential and commercial development. 6. All required landscape buffers shall provide an additional 30 percent more plant material, which includes trees and shrubs, to enhance the site. In additon, all landscape buffers shall be planted and maintained with Florida -Friendly landscape materials. 7. The Developer of the residenital/mixed use portion of the Project shall use best efforts to construct and maintain parks and green areas, including but not limited to pocket (small) neighborhood parks and linear (narrow) park spaces. Such parks and green spaces shall be designed to provide a sense of place and community. The Developer shall use as design guidelines for such parks and green space projects similar in concept to the parks and green spaces located within the unincorporated master -planned communities known as Seaside, Florida (Ruskin Place) and Rosemary Beach, Florida. 8. A minimum of twenty percent (20%) of Lot 7 shall be parks and green spaces as defined in Section 3.7 above. All property south of Hooks Street shall maintain a minimum of 85% open space, including any trail and sidewalk improvements. All other lots within the Project shall comply with the Comprehensive Plan and Land Development Regulations for open space requirements. 9. Three buildings; A, C, and E, may be greater than 20,000 square feet but no more than 45,000 square feet, as shown on the site plan; provided however, one three-story self - storage building shall be allowed, as shown on the Concept Plan. The applicant has the ability to reduce these buildings so long as the overall square footage of the entire site does not exceed 162,000 square feet. 10. By virtue of the transportation system needs for the project, the Developer shall dedicate on the final plat and/or commercial site plan a 100-foot right-of-way for Hooks Street within the project boundary, from the western property line through the property towards the east, terminating in the southeast corner of the property boundary. In addition to this 100-foot right-of-way, additional land necessary to accommodate temporary construction easements not to exceed 100 feet in width shall be provided. The slope easement shall be identified at preliminary plat and/or preliminary commercial site plan review and shown on the final plat/commercial site plan. The Developer shall coordinate with the County and City on alignment and grading of Hooks Street. The slope easement width will be adjusted with design plans approved by the County and the City. This will be required prior to the first Certificate of Occupancy for the site. 11. The Developer will agree to construct that segment of Hooks Street lying within the property boundaries in exchange for transportation impact fee credits or other consideration as outlined in an agreement with the City and Lake County. 12. The Developer shall design and construct all interior streets, alleys and lanes pursuant to the standards contained within the Florida Department of Transportation Green Book and/or the Traditional Neighborhood Development Handbook, as amended. d' CLERWONT CITY OF CLERMONT ORDINANCE NO.2024-039 13. The Developer shall design and construct a replacement sewer lift station and associated force main to replace the existing lift station/force main on the property. Such design and construction shall be completed to City standards and requirements and accepted by the City prior to any Certificate of Occupancy being issued for the property, and shall be funded by the Developer. 14. The Project shall construct residential/mixed-use dwelling units consisting of fee simple townhomes or condominimums on the areas indicated on the Concept Plan, not to exceed three levels. The dwelling units shall be allowed mixed commercial use on the first floor, provided there is a residence maintained in the unit. C-1 Light Commercial uses shall be allowed within the designated areas as shown on the Concept Plan; otherwise commercial use shall be hinted to Residential Professional Uses. Notwithstanding anything herein to the contrary, residenital development South of Hooks Street may be up to five (5) stories, may allow mixed use (C-1 Light Commercial) on the entry floor. The land South of Hooks Street shall remain at least eighty-five percent (85%) open space (including any trail/sidewalk improvement), emphasizing park and green space areas. Should the Developer seek to increase the amount of fee simple townhomes, this may be accomplished by decreasing the commercial acreage and increasing the residential acreage, not to exceed a maxium of 12 units to one -acre ratio for density. 15. The table below would be the minimum requirements for the residential townhome portion of the development: Mininum Lot Area 1,800 Square Feet Minimum Living Area 1,000 Square Feet Minimum Lot Width 20 FT Minimum Lot Depth 90 FT Minimum Front Building Setback 15 FT Minimum Front Porch Setback 10 FT Minimum Front Garage Setback 20 FT Minimum Side Yard Setback* 5 FT Setback from Side Street 15 FT Minimum Rear Yard Setback 20 FT All other applicable requirements of the City of Clermont R-3 Zoning Code apply * Does not apply to interior side yards of attached townhomes 16. School concurrency shall be met before final plat approval in accordance with the Comprehensive Plan and Land Development Code. 17. The multifamily development shall be required to provide sufficient recreation facilities as required by the Comprehensive Plan Policy 1.6.4 Performance Standards. d, CLERI" IONT CITY OF CLERMONT �I� ORDINANCE NO.2024-039 18. Sidewalks/Streets: a. Sidewalks to be constructed on both sides of residential and commercial streets. Sidewalks along Emil Jahna Road South of Lot 1 shall be a minimum of 10 feet in width to accommodate pedestrian and bicycle use. b. Streets shall have F-type curb and street pavement must be a minimum 24 feet wide. C. Right-of-way width for residential streets must be a minimum 60 feet. Rear loaded residential development shall be allowed alleys with a right-of-way width of 30 feet. d. A minimum of three (3) pedestrian -oriented ingress and egress walkways shall be installed within the project. The design features that enhance pedestrian safety, efficiency and connectivity with a clear delineation between vehicular areas and pedestrian walkways shall be used. At a minimum, walkways shall connect focal points of pedestrian activity such as street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50 percent of the length of the walkway. e. The Owner shall construct a pedestrian and golf cart crossing of Hooks Street; which shall consist of a tunnel, as approved by Lake County. 19. Roadway Lighting: The Developer shall arrange with the power utility provider for installation of streetlights along Hooks Street. The cost of installation shall be paid by the Developer and shall be installed at the time of construction of Hooks Street. 20. The existing billboard onsite will be removed prior to issuance of first building permit. [Completed] 21. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. 22. A Traffic Impact Study shall be coordinated, completed and reviewed by the City's Transportation Consultant. If the study identifies a deficiency in the Level of Service of transportation facilities due to the proposed project, the Developer shall be required to participate in mitigation strategies. Review of the study shall be paid for by the Developer. 23. The Developer shall be responsible for contributing towards funding of a traffic signal at the intersection of Hooks Street and Emil Jahna Road, if and when the signal becomes warranted and permitted by the applicable governmental agency. The Developer shall only be required to pay their proportional share based upon their impacts, as determined by the latest traffic methodology and guidelines. 24. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. (S. Cl-ET CITY OF CLERMONT �� ORDINANCE NO.2024-039 25. The Owner shall cooperate with the homeowners within the Waterbrooke residential development to the South of the Project to: a. Agree upon a joint lake management/maintenance plan for waterbody on the south boundary of the Project, identified as a portion of Lake County Alternate Key Numbers 3868851, 3909837, and 3909845, as approved by the City and the St. Johns River Water Management District. b. Jointly develop and submit to the City architectural elevations and plans for the self -storage facility. The Owner shall have the final approval of the plans submitted to the City; however, the Owner shall use best efforts to include the recommendations of the residents of Waterbrooke. C. Advocate for a dedicated left turn lane and signal arrow at the intersection of Emil Jahna Road and State Road 50. If such improvements are approved, Owner shall contribute its proportionate share of the cost of such improvements. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. In the event of a conflict between the Concept Plan and this Ordinance, this Ordinance shall prevail. All further development permits for the Project shall comply with the Land Development Regulations and Comprehensive Plan requirements in effect at the time of application for such development permits. 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. Recording fees will be at the expense of the applicant. S- CLERWONT CITY OF CLERMONT �- «� ORDINANCE NO.2024-039 SECTION 8: PUBLICATION AND EFFECTIVE DATE 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. 6' CLER%NT CITY OF CLERMONT I �� ORDINANCE NO. 2024-039 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 14'' day of January, 2025. CITY OF CLERMONT Tim Murry,'Mayor---A Tracy Ackroyd owe, MMC City Clerk Approved as to form and legality: S CLERMONT CITY OF CLERMONT ORDINANCE NO.2024-039 Exhibit A: Concept Plan Mures m UJ Z ~ w 3H Z <A aZ $n 0 oN a = r--mot �------- � ---- • Note: nterior Lots, Development, and Amenities are conceptual and subject to change