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O-2017-23 CITY OF CLERMONT ORDINANCE No. 2017-23 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 A Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 29, Township 22 South, Range 26 East, also described as Tract 32 of Section 29, Township 22 South, Range 26 East, according to the plat of Lake Highlands Company, filed January 10, 1914, and recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida, less and except a strip of land 15 feet wide along the East and also along the South side thereof,reserved for one-half of roadway, as shown on said plat of Lake Highland Company. Also Less and Except the land described in the Statutory Warranty Deeds in favor of Lake County recorded in Official Records Book 2360, Page 706 and Page 714 and Official Records Book 2646, Page 47, Public Records of Lake County, Florida. AND PARCEL B A portion of the Northeast one-quarter(NE 1/4)of Section 29,Township 22 South,Range 26 East, Lake County, Florida,being more particularly described as follows: Begin at a one-half inch iron rod (LS# 2142) monumenting the Southwest corner of Lot 51, Summit Subdivision, recorded in Plat Book 8, Page 7 of the Public Records of Lake County, Florida; thence North 86°18'10" East along the monumented South line of said Summit Subdivision, 640.06 feet; thence South 04°06'36" East along a line 15.00 feet West of and parallel with the East line of the Northeast one-quarter (NE 1/4) of said Section 29, a distance of 116.58 feet; thence South 87°08'43" West along the South line of the Northeast one-quarter (NE 1/4) of the Southeast one-quarter (SE 1/4) of the Northeast one-quarter (NE 1/4) of said Section 29, a distance of 643.56 feet; thence North 04°06'48" West along the West line of the Northeast one- quarter (NE 1/4) of the Southeast one-quarter (SE 1/4) of the Northeast one-quarter (NE 1/4) of said Section 29, a distance of 107.12 feet; thence North 86°18'10" East, 3.36 feet to the Point of Beginning. 1 CITY OF CLERMONT ORDINANCE No. 2017-23 Less and Except the land described in the Corrective Quit Claim Deed recorded in Official Records Book 2926, Page 2335, Public Records of Lake County, Florida. PARCEL C Tract 31, Section 29, Township 22 South, Range 26 East, Lake Highlands County, according to the map or plat thereof as recorded in Plat Book 2, Page 25, Public Records of Lake County, Florida. Less and Except the land described in the Corrective Deed recorded June 23, 2008 in Official Records Book 3643, Page 2021, Public Records of Lake County, Florida. Together with that certain non-exclusive storm water drainage easement by and between Sandhill Commons Property Owners' Association and Dewitt Enterprises, Inc. recorded June 29, 2012, in Book 4181, Page 423, Public Records of Lake County, Florida. Containing 19.17 acres more or less, and being subject to any easements, rights-of-way or restrictions of record. LOCATION Northwest corner of Hooks Street and Citrus Tower Blvd AK 3771657, 1114985, 1112192 FROM: C-2 GENERAL COMMERCIAL TO: PLANNED UNIT DEVELOPMENT SECTION 2 - General Conditions: This application is for a Planned Unit Development to allow for a multi-family residential Planned Unit Development;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, Sheet C-2.1, prepared by B&S Engineering Consultants, LLC, dated 3-17-17, Palisades at Clermont, LLC. 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. 2 CITY OF CLERMONT ORDINANCE No. 2017-23 SECTION 3 - Land Uses and Specific Conditions: 1. A total of up to 230 multi-family dwelling units may be permitted on the site,not to exceed a density of 12 units per acre within the project. 2. Mixed Use Areas "A" and "B", as shown on the site plan shall allow office, restaurant or retail use, exclusively, for three (3) years following the effective date of this Ordinance. During that time, Mixed Use Areas "A" and "B" shall be actively marketed as available for such office, restaurant or retail use. If Mixed Use Areas"A"or"B" are not developed, sold, or under contract for such office, restaurant or retail use at the end of the three (3) year period, despite good faith efforts on behalf of the owner of such property, accessory uses to the multi-family use may be allowed with no increase in residential density. 3. Setbacks for Multi-family From Hooks Street: 25 feet from the property line From Oakley Seaver: 25 feet from property line From Citrus Tower: 25 feet from property line Rear: 25 feet from the property line 4. The multi-family portion of the project will have private gated streets that will be maintained by the developer or designated party. 5. Driveway access and parking for the project may be below the centerline of adjoining roads and will be subject to the approval of the City Engineer. 6. The project may have elevation changes of up to 25 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. 7. Retaining wall heights up to 13 feet in height are allowed to deal with the extreme grades on the site. 3 foot terrace between walls can be utilized where two wall segments are required. 8. The project may have slopes of 4:1 on the pervious areas of the site,including the landscape buffer. 9. A trash compacter may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. If this cannot be demonstrated, then one dumpster per 25 units shall be provided. 10. A maximum of two (2) Type 1 buildings, as shown on the site plan, may be four-story buildings not to exceed 69 feet in height. 11. Elevators shall be installed for buildings with a walkup of more than one story. 12. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code,unless expressly stated above. 3 CITY OF CLERMONT ORDINANCE No. 2017-23 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. 4 CITY OF CLERMONT ORDINANCE No. 2017-23 Location map: - -- _ 1ii,-----11_4,2- AKL I GCNTCR "'� ... 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CI g F CLERMONT • birth 2%jl2.1/is) Ayr- -ATTEST: Denise Noak, Acting City Clerk Approved as to form and legality: D,.4Q.1 .1 i . Cit A •