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O-2017-24 CITY OF CLERMONT ORDINANCE No. 2017-24 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 ORB 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 PB 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 Highway 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 1 CITY OF CLERMONT ORDINANCE No. 2017-24 having a 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 ORB 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 Highway 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 PB 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 Highway 50; thence S89°06'23"E, along said south right-of-way line of Highway 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 ORB 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 PB 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 PB 2, Page 28,Public Records of Lake County, Florida; lying northerly of Hook Street, and southerly of Highway 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 Highway 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, and having a radius of 2 CITY OF CLERMONT ORDINANCE No. 2017-24 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 Highway 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 PB 2, Page 28,Public Records of Lake County, Florida; lying northerly of Hook Street, and southerly of Highway 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 Highway 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°2229" 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 PB 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 To amend the Planned Unit Development 3 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 Z Development Services, dated 8-01-16, 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,andobtaining 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. The 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. 2. Setbacks for Multi-family and Commercial From Highway 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 3. Driveway access and parking for,the C-2 General Commercial portion may be below the centerline of Highway 50 and will be subject to the approval of the City Engineer. 4. The project may have elevation changes of up to 28 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. 5. Retaining wall heights up to 13 feet in height are allowed to deal with the extreme grades on the site. 4 6. Parking space dimensions shall be allowed at a minimum 9 feet wide by 18 feet deep for 30 percent of parking requirements. 7. 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 percentmore landscape required for Multi-family and C-2 uses. 8. The project shall be developed according to the C-2 General Commercial zoning designation.in the Land Development Code, unless expressly stated above. 9. Automotive dealerships and/or auto parts sales shall not be an allowed use within this Planned Unit Development without an amendment. 10. Cross-access easements with the adjoining eastern property owner from the existing Duke Energy curb cut along Highway 50 shall be provided subject to Duke Energy approval. 11. Required landscape buffering,within the Duke Energy easement may be omitted with proper documentation from Duke Energy. 12. Retaining wall terraces with a height of 40 feet or greater shall incorporate one 20 foot landscape terrace.at the mid way point to allow for larger plantings to buffer the tall walls. 13. Shopping center signs shall be allowed to extend 15 feet above the adjacent D.O.T. berm. (the D.O.T.berm varies in height depending on location.) 14. Any future development on parcels 7 throught 13 (south side of project) require a PUD amendment to be approved by City Council. 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. 5 CITY OF CLERMONT ORDINANCE No. 2 0 17-24 Location map: ... — - - r - - _I t.. ,•1• , r-----,__ , , , y-B-1 1 !MDR - --; ,• r ,,,,..4„. .. • ,,A ..... -... ,,..,_,..•E.- it ,, - ,. -,•-. ‘ ,w,-intp,--cr.-i , li'l _ 4/ 1 .- -,•1--iI.11 t - - •,,, i . “or - ' 44641"11"1141,,,-;, 1r: .1 , -,......x,,,-.• *Iv , ,,,,,,ist,,,4„ FA- iii,,, -' -- AlKsy • - _ ... T v•,, • •.-. Nr- v, __. _._: _-: -.___7 - .. - _,-,---__---,. _____..„ ,-7--114, -: : - ---'------ -- -__-,- -.". r_ 2- ---", ---."----7"-----------', _ - ......,_-_,..., , -----------MR ---—. -"" .-- ---.:-----:.../....:____Z-_- - , , _ d ' - 1 . ' ' : 1 41 ,.. Mil -N. -- ...',.-_ ,,•, is _ A IDIALL YE WI!CEOL. . , . • • ' ; ....;I ,4:',... M . .. 6/APO 711".7• , • Mt i l': 7*: .. '' . j •I '' I ' i ..c • ,..E'"E.,P/Ii.It'' - f. .t. . ...-................,.=1 _ 1 1 i 1 a t i . . 1 ism, I.ratIg. lel re--• , -: , , ,_____-------- _____. ,••• ir,,,4 .,., ... ,, . Property - 4, • . , . • ;•••...-, . , - -,'1'1 •'..-{"//- ?' •ii t, , 1.I . •`Ali 1 '" - l• , '-• 4...4%. 7 , ' • ,I , •'-''-'..---'-'--- -.r-2- _ -- ...L.:L.::: .,,,,r..,... .,, .- MaP-.. .-=' _--,-- - 1.‘..'''-..„,,_,_•,.. \$ti. . . ,_... t,,,),, , ,, /) 1 , . _ ......., , • iiiiir.. ..._ t , \ ----'---- 6 CITY OF CLERMONT ORDINANCE No. 2017-24 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 13th day of June, 2017. 1i ���QC'@Ik�G141,r/� S 4f y' `. CITY OF CLERMONT <00, i r ' Gal L. Ash, Mayor ° ..A, ATTEST:, ti Tracy Ackroyd Howe, City Clerk Approved a s o ' and legality: Dane 'antzaris, City Attorney