O-2016-17 CITY OF CLERMONT
ORDINANCE No. 2016-17
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 SEVERABILITY,
EFFECTIVE DATE, AND PUBLICATION.
The City Council of the City of Clermont, Lake County, Florida hereby ordains that:
SECTION 1:
The official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122
of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following
described property:
LEGAL DESCRIPTION
PARCEL 1 (FEE SIMPLE ESTATE)
That part of Section 28, Township 22 South, Range 26 East, Lake County, Florida, described as
follows: Commence at the East 1/4 corner of said Section 28; thence run North 00°42'51" East
along the East line of the Northeast 1/4 of said Section 28 for a distance of 664.12 feet to the
Northeast corner of the South 1/4 of the Northeast 1/4 of said Section 28; thence run South
89°24'16" West along the North line of said South 1/4 for a distance of 1335.19 feet to a point on
a non-tangent curve concave Westerly having a radius of 270.00 feet and a chord bearing of South
01°23'58" West and the Point of Beginning; thence run Southerly along the arc of said curve
through a central angle of 23°36'59" for a distance of 111.29 feet to the point of compound
curvature of a curve concave Northwesterly having a radius of 25.00 feet and a chord bearing of
South 63°07'26"West;thence run Southwesterly along the arc of said curve through a central angle
of 99°49'56" for a distance of 43.56 feet to the point of reverse curvature of a curve concave
Southerly having a radius of 1750.00 feet and a chord bearing of North 87°56'35" West and the
North right of way line of Hook Street, as described in Official Records Book 2010, Page 316, of
the Public Records of Lake County, Florida; thence run Westerly along said North right of way
line and the arc of said curve through a central angle of 41°57'58" for a distance of 1281.78 feet to
a non-radial line and the East right of way line of an Unnamed right of way, according to the plat
of LAKE HIGHLANDS COMPANY,as recorded in Plat Book 2,Page 28,of said Public Records;
thence run North 00°10'52" East along said East right of way line for a distance of 718.43 feet to
the South right of way line of State Road Number 50; thence run North 89°24'19" East along said
South right of way line for a distance of 1127.57 feet; thence run South 89°29'29" East along said
South right of way line for a distance of 150.11 (120.11) feet to the West line of the East 60 feet
of Tract 19, of said LAKE HIGHLANDS COMPANY; thence run South 00°26'52" West along
said West line for a distance of 445.90 feet to the point of curvature of a curve concave Easterly
having a radius of 280.00 feet; thence run Southerly along the arc of said curve through a central
angle of 15°45'47" for a distance of 77.03 feet to the point of tangency;thence run South 15°18'56"
East for a distance of 105.46 feet to the point of curvature of a curve concave Westerly having a
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CITY OF CLERMONT
ORDINANCE No. 2016-17
radius of 270.00 feet and a chord bearing of South 12°51'43" East; thence run Southerly along the
arc of said curve through a central angle of 04°54'24" for a distance of 23.12 feet to the Point of
Beginning.
LESS AND EXCEPT therefrom that parcel conveyed by Maynard K. Knapp, individually and as
Trustee to Akram Ismail, M.D., by Special Warranty Deed recorded April 17, 2015, in Official
Records Book 4613, Page 945, described as follows: A portion of the Southwest 1/4 of the
Northeast 1/4 of Section 28, Township 22 South, Range 26 East, Lake County, Florida, described
as follows: Commence at the Northeast corner of said Section 28; thence S01°07'06"W along the
East line of said Northeast 1/4, a distance of 1372.13 feet to a point; thence N89°06'23"W, a
distance of 1322.25 to a point on the South right-of-way line of State Road No. 50. (Right-of-Way
varies per Right-of-Way Map Section 11070); thence continue N89°06'23"W, a distance of 60.00
feet to the POINT OF BEGINNING; thence S00°51'39"W, along the West right-of-way line of
Miss Florida Avenue(ORB 2345,Page 748), also being parallel to and 60.00 feet West of the East
line of said Southwest 1/4 of the Northeast 1/4 of Section 28 and the East line of Tract 19 of Lake
Highlands Company, according to the Plat thereof as recorded in Plat Book 2, Page 28, of the
Public Records of Lake County, Florida,a distance of 369.94 feet to a point;thence N89°08'21"W,
a distance of 291.58 feet to a point;. thence N00°51'39"E, a distance of 230.29 feet to a point;
thence S89°08'21"E, a distance of 64.35 feet to a point; thence N00°51'39"E, a distance of 139.00
feet to a point on the South line of an unnamed unimproved street, also being the North line of said
Tract 19; thence N89°50'25"E, along the North line of said Tract 19, a distance of 42.23 feet to a
point on said South right-of-way line of State Road No. 50; thence S89°06'23"E, along said South
right-of-way line of State Road 50, a distance of 185.01 feet to the POINT OF BEGINNING.
Containing 744,665 Sq. Ft. of 17.100 Acres more or Less.
PARCEL 2 (EASEMENT ESTATE)
Together with that certain Non-Exclusive Ingress-Egress Easement granted by Akram Ismail to
Maynard K. Knapp, Trustee, to Reciprocal Easement Agreement recorded April 17, 2015, in
Official Records Book 4613, Page 948, Public Records of Lake County, Florida.
PARCEL 3 (SOUTHERN PORTION)
Tract 29 and Tract 30, as shown on the Lake Highlands Company Plat of Section 28, Township
22 South,Range 26 East, recorded in Plat Book 2, Page 28, of the Public Records of Lake County,
Florida; Less that portion lying within and North of the Right of Way for Hook Street.
SECOND SURVEY
That portion of the north/south roadway between Tracts 20, 21,28, and 29 as shown on the Lake
Highland's Company plat of Section 28,Township 22 South,Range 26 East,recorded in Plat Book
2, Page 28, Public Records of Lake County, Florida; lying northerly of Hook Street, and southerly
of State Road No. 50,being more particularly described as follow: Commence at the NE corner of
Section 28, Township 22 South, Range 26 East, Lake County, Florida, thence S 0°17'37" W, a
distance of 1372.13 feet; thence N 89°55'52" W, a distance of 1322.25 feet to a point on the south
right of way line of State Road No. 50 (a variable width public right of way); thence the following
four (4) courses and distances along said south right of way line, continue N 89°55'52" W, a
distance of 60.00 feet; thence N 89°27'07" W, a distance of 184.98 feet; thence S 89°30'08" W, a
distance of 42.24 feet; thence S 89°24'19" W, a distance of 1020.48 feet to the point of beginning:
thence departing said south right of way, run S 00°14'51" W, along the west line of Tracts 20 and
29, a distance of 718.43 feet to a point on the northerly right of way line of Hook Street (A 100
foot wide public right of way) said point also being on a non-tangent curve, concave southeasterly,
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CITY OF CLERMONT
ORDINANCE No. 2016-17
and having a radius of 1750.00 feet; thence southwesterly along the arc of said curve, through a
central angle of 01°02'34", a distance of 31.85 feet, said curve being subtended by a chord bearing
and distance of S 70°37'05" W, 31.85 feet; thence departing said north right of way line, run N
0°14'51" E, a distance of 728.72 feet to a point on the aforementioned southerly right of way line
of State Road No. 50;thence N 89°28'03" E,along said north right of way line,a distance of 30.00
feet to the point of beginning.
Containing 0.50 acre, more or less
THIRD SURVEY
That portion of the north/south roadway between Tracts 28, and 29 as shown on the Lake
Highland's Company plat of Section 28,Township 22 South,Range 26 East,recorded in Plat Book
2, Page 28, Public Records of Lake County, Florida; lying northerly of Hook Street, and southerly
of State Road No. 50, being more particularly described as follow: commence at the NE corner of
Section 28, Township 22 South, Range 26 East, Lake County, Florida; thence S 0°17'37" W, a
distance of 1372.13 FEET; thence N 89°55'52" W, a distance of 1322.25 feet to a point on the
south right of way line of State Road No. 50 (A variable width public right of way); thence the
following four(4) courses and distances along said south right of way line, continue N 89°55'52"
W, a distance of 60.00 feet; thence N 89°27'07" W, a distance of 184.98 feet; thence S 89°30'08"
W, a distance of 42.24 feet; thence S 89°24'19" W, a distance of 1020.48 feet; thence departing
said south right of way, run S 00°14'51" W, along the west line of Tracts 20 and 29, a distance of
824.65 feet to a point on the southerly right of way line of Hooks Street (A 100 foot wide public
right of way); thence departing said southerly right of way line, run S 0°14'51" W, along the west
line of said Tract 29, a distance of 473.42 feet to the southwest corner of said Tract 29; thence S
89°28'17" W, a distance of 30.00 feet to the southeast corner of aforementioned Tract 28; thence
N 0°14'51" E, along the east line of said Tract 28, a distance of 462.39 feet to a point on the
southerly right of way line of aforementioned Hook Street, said point also being on a non-tangent
curve, concave southeasterly, and having a radius of 1650.00 feet; thence southwesterly along the
arc of said curve, through a central angle of 01°06'54", a distance of 32.11 feet, to the point of
beginning, said curve being subtended by a chord bearing and distance of N 69°22'29" E, 32.11
feet.
Containing 0.32 acres, more or less
FOURTH SURVEY
Tracts 21 and 28 as shown on the Lake Highland's Company plat of Section 28; Township 22
South, Range 26 East, recorded in Plat Book 2, Page 28, Public Records of Lake County, Florida;
less that portion of Tract 28, lying south of Hook Street, (County District NO. 2-1346).
LOCATION
South of Highway 50, west of Miss Florida Avenue
Alternate keys 1028272 & 3334566
FROM: C-2 General Commercial and Urban Estate
TO: Planned Unit Development
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CITY OF CLERMONT
ORDINANCE No. 2016-17
•
SECTION 2 - General Conditions:
This application for a Planned Unit Development to allow for a multi-family residential Planned
Unit Development along with C-2 General Commercial uses; be granted subject to the following
conditions:
1. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with the Site Plan prepared by
B&S Engineering Consultants, LLC, dated 6-20-16, Overall Site Plan. 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.
SECTION 3 -Land Uses and Specific Conditions:
1. A total of up to 324 multi-family dwelling units may be permitted on the site,not to exceed
a density of 12 units per acre within the project.
2. The remaining property south of Highway 50 and north of Hooks Street will be permitted
for C-2 General Commercial use with one (1) retailer greater than 20,000 square feet and
less than 100,000 square feet.
3. Setbacks for Multi-family and Commercial
From SR 50 50 feet from the property line
From Hooks Street: 50 feet from the property line
Side: 12 feet from the property line
Rear: 25 feet from the property line
4. The multi-family project will have private gated streets that will be maintained by the
developer or designated party.
5. Maximum building height will be 55 feet, measured atthe highest point for the multi-
family portion.
6. Driveway access and parking for the C-2 General Commercial portion may be below the
centerline of State Road 50 and will be subject to the approval of the City Engineer.
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CITY OF CLERMONT
ORDINANCE No. 2016-17
7. The project may have elevation changes of up to 15 feet in height over the project site
through the use of cut and fill. These changes will be submitted to the City Engineer at the
time of final engineering.
8. Retaining wall heights up to 13 feet in height are allowed to deal with the extreme grades
on the site.
9. Parking space dimensions shall be allowed at a minimum 9 feet wide by 18 feet deep for
30% of parking requirements.
10. A reduced landscape buffer along Highway 50 is requested due to the presence of a large
berm. The landscape buffer shall be a minimum of 10 feet in width and shall have the 30%
more landscape required for Multi-family and C-2 uses.
11. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated above.
12. Automotive dealerships and/or auto parts sales shall not be an allowed use within this
Planned Unit Development without an amendment.
13. Cross-access easements with the adjoining eastern property owner from the existing Duke
Energy curb cut along State Road 50 shall be provided subject to Duke Energy approval.
14. Required landscape buffering within the Duke Energy easement may be omitted with
proper documentation from Duke Energy.
SECTION 4:
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 5:
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:
This Ordinance shall be published as provided by law, and it shall become law and take effect
upon its Second Reading and Final Passage.
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CITY OF CLERMONT
ORDINANCE No. 2016-17
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____
CITY OF CLERMONT
ORDINANCE No. 2016-17
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 28th day of June, 2016.
"`' • • CITY OF CLERMONT
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Gail L. Ash, ayor
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Tracy Ac oyd Howe, City Clerk
Approved as to form and legality:
P - - -. antzans, ity Attorney