O-2017-35 CITY OF CLERMONT
ORDINANCE NO. 2017-35
•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
Tract 27 together with a portion of Tract 22, as shown on the Lake Highland Company plat of
Section 32, Township 22 South, Range 26 East, Plat Book 3, Page 24, public records of Lake
County, Florida. Being more particularly described as:'
Begin'at the Southwest corner of Tract 22 as shown on the Lake Highland Company plat of
Section 32, Township 22 South, Range 26 East, recorded in Plat Book 3, Page 24, of the public
records of Lake County, Florida; thence along the West line of Tract 22 N00°31'25"E, a distance
of 61.46 feet; thence N63°34'33"E,'a distance Of 393.00 feet to a point on the West Right-of-
Way line of US Highway 27; thence along said West Right-of-Way line,S24°35'30"E, a
distance.of 269.86 feet to a point on the South line of,Tract 22; thence continue along said West
Right-of-Way line S24°35'30"E, a distance of 366.85 feet; thence S00°27'49"W, a distance of
266.03 feet to a point on the North Right-of-Way line of Anderson Hill Road; thence
N89°03'43"W along the said North Right-of-Way line of said Anderson Hill Road, a distance of
620.93 feet to a point on the West line of Tract 27 as shown on said the Lake Highland Company
plat of Section 32, Township 22 South; Range 26 East; thence along said West line of said Tract
27, N00°31'46"E,a distance of 598.50 feet to the Southwest corner of said Tract 22 and the Point
of Beginning.
Containing a total of.9.47 acres, more or less.
LOCATION
West and,Northwest of•the intersection of US Highway 27 and Anderson Hill Road
Alternate Keys 1453496, 3828239 & 2826541
From: Urban Estate (UE)
To: Planned.Unit Development (PUD)
1
•
- CITY OF CLERMONT
ORDINANCE No. 2017-35
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; be granted subject to the following conditions:
I. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest. 1
2. The property shall be developed in substantial accordance with the Planned Unit I'
Development Site Development Plan prepared by Avid Group, dated June 30, 2017.
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 i'.
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: I
1. The project may consist of up to 58,000 square feet of C-2 General Commercial uses with 1
one structure greater than 20,000 square feet but no more than 22,000 square feet. This
structure is identified as "Commercial F" on the Planned Unit Development Site
Development Plan prepared by Avid Group, dated June 30,2017.
2. Setbacks
From US Highway 27 50 feet from the property line
From Anderson Hill Road 25 feet from the property line
North property line: 12 feet from the property line
West property line: 50 feet from the property line
3. Maximum building height will be 35 feet, measured at the highest point. I'
4. Driveway access and parking may be below the centerline of US Highway 27 or Anderson
Hill Road and will be subject to the approval of the City Engineer.
5. 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.
I
6. Individual retaining wall heights up to 6 feet in height are allowed to deal with the changing
grades on the site and may be stair stepped,not to exceed 15 feet of elevation change.
2
I,
II
CUT OF CLERMONT
ORDINANCE No. 2017-35
7. A modified landscape buffer along the western property line is requested as a result of
meeting with the adjoing property owners on Maria Avenue. The landscape buffer shall
be a minimum of 10 feet in width and shall consist of a six-foot high decorative masonry
or brick wall that may be incorporated onto the top of the retaining wall. In addition, the
property owner at 13220 Maria Avenue has requested no trees to be planted along the
property line due to an existing pool enclosure. The four canopy trees and two understory
trees will be clustered within the rest of the western landscape buffer.
8. The existing billboard will be removed prior to December 31, 2019.
9. The developer will construct safety upgrades to improve the shoulders along the curved
section of Anderson Hill Road just west of US Highway 27. In addition,the developer will
add striping along Anderson Hill Road extending from US Highway 27 to the'western
property line and will construct a 5 foot pedestrian sidwalk along the north side of
Anderson Hill Road the length of the property. Off-site improvements shall be eligible for 1'
transportation impact fee credits to the extent allowed pursuant to Lake County Code. I,
10. The developer shall submit an annual report to the City of Clermont,no later than February
15 of each year, on the monitoring of the intersections of US Highway 27 at John's Lake
Road and Citrus Tower Boulevard at John's Lake Road. The results of the monitoring will
be to see if the southbound left turns and eastbound left turns;respectively, cause the Level
of Service (LOS) of the intersection to deteriorate below acceptable standards. If it is I'
determined that additional traffic improvements are warranted, the developer will assist in 1
the improvements through their proportional share. This annual report shall conclude two
1.
years after final build out of the development.
11. The buildings shall be constructed in a manner that closely resembles the architectual style
and elevation as presented in the Anderson Hill Color Elevation Board labeled "Design
• Concepts" prepared by Empad Architecture and Design, dated February 6, 2017 and shall
meet the City of Clermont's Architectural Standards.
12. Automotive dealerships and/orauto parts sales shall not be an allowed use within this
Planned Unit Development without an amendment.
13. No outside speakers to be used for music or entertainment.
1.
14. No deliveries between the hours of 9 PM to 7 AM.
15. No access to Anderson Hill Road shall be allowed except for emergency service vehicles.
The access point shall be secured subject to the approval of the City's Fire Chief and Police
Chief, or assigned designee.
16. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated above.
3
t
CITY OF CLERMONT
ORDINANCE No. 2017-35
ii
II
SECTION 4:
I
All Ordinances or_parts of this Ordinance in conflict herewith are hereby repealed.
•
SECTION 5:
It
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 inseparable in meaning i
and effect from the Section to which such holding shall apply:
11
SECTION 6:
This Ordinance shall be published as provided by law, and it shall become law and take effect 1
upon its Second Reading and Final Passage. I!
Location map:
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ORDINANCE No. 2017-35
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5
CITY OF CLERMONT
ORDINANCE No. 2017-35
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
ron'this:26th day of September, 2017.
1" Quaee. at r.
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„ Jel CITY OF CLERMONT
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F A'!l ATTI S r:i ail L. Ash, Mayo
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Tracy Ackroyd Howe, MMC, City Clerk
Apsr. . as to of and legality:
Sb__
REcEovE
HE QUE ,o/a410- ID
1 r) &SPAINLAW
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pYEAkk
REPLY.TO: WINTER GARDEN
October 26, 2017
VIA ELECTRONIC MAIL AND HAND DELIVERY
Honorable Gail L. Ash
Clermont City Hall
685 W. Montrose Street
Clermont, Florida 34711
Re: Request for Relieffrom Decision of the Clermont City Council Regarding
Anderson Hill Planned Unit Development—Ordinance No. 2017-35
Dear Mayor Ash:
Our law firm represents Anderson Hill DLSU, LLC ("Anderson Hill"), in regard to the
above-referenced matter. Pursuant to the Florida Land Use and Environmental Dispute Resolution
Act, Section 70.51, Florida Statutes:
Any owner who believes that a development order, either
separately or in conjunction with other development orders, or an
enforcement action of a governmental entity, is unreasonable or
unfairly burdens the use of the owner's real property, may apply
within 30 days after receipt of the order or notice of the governmental
action for relief under this section.'
This letter shall serve as a formal request for relief pursuant to the Florida Land Use and
Environmental Dispute Resolution Act, and must be forwarded to a Special Magistrate mutually
agreed upon by Anderson Hill and the City of Clermont("City")within ten(10)days after the City's
receipt of this letter? The matter shall then proceed to mediation with the Special Magistrate, and,
if necessary, an informal hearing.'
§ 70.51(3), Fla. Stat. (2017).
2 See id. at § 70.51(4).
9 See id. at § 70.51(17)(a)-(c).
TALLAHASSEE WINTER GARDEN
433 NORTII MAGNOLIA DRIVE 12200 WEST COLONIAL DRIVE, SUITE 3OOC
TALLAHASSEE, FLORIDA 32308 WINTER GARDEN, FLORIDA 34787
(850) 224-7332 (407) 347-5388
FAX: (850) 224-7662 FAx: (407) 264-6132
www.thertaquelaw.com
Honorable Gail L. Ash, Mayor •
•
October 26, 2017
Page 2
Anderson Hill has a legal interest in certain real property located on Anderson Hill Road and
U.S. Highway 27 in Lake County, Florida, with Parcel Identification Numbers:
09-22-26-140002700000,09-22-26-140002700001,and 09-22-26-140002200001 ("Property"),and,
therefore,qualifies as an"owner"for purposes of the Florida Land Use and Environmental Dispute
Resolution Act.' With respect to the Property, Anderson Hill,through its authorized agent, filed a
rezoning application with the City seeking approval of a Planned Unit Development to allow for a
multi-tenant commercial development on the Property.
On September 26,2017,the Clermont City Council voted to adopt Ordinance No. 2017-35,
thereby approving a Planned Unit Development for the Property. (A copy of Ordinance No.2017-35
is attached hereto as Exhibit"A"). In approving the foregoing Ordinance, however, the Clermont
City Council unilaterally imposed certain conditions on the proposed Planned Unit Development,
including,but not limited to, a requirement that an existing billboard on the northern portion of the
Property be removed prior to December 31, 2019.
Anderson Hill respectfully submits that the City Council's approval of the Planned Unit
Development,as conditioned,is unreasonable and unfairly burdens the use of the Property. Among
other things, the City-imposed conditions improperly require the removal of the existing billboard
from the Property, thereby impairing the pre-existing legal rights of Anderson Hill and other third-
parties.
1 appreciate your prompt attention to this matter. Please do not hesitate to contact me if you
have any questions or need additional information.
Sincerely,
David A. Th 'ague
Enclosure
cc: Daniel F. Mantzaris, Esquire (via e-mail)
a
See id. at § 70.51(2)(d). •
1 i
Honorable Gail L. Ash, Mayor
October 26, 2017
Page 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of this Request for Relief has been provided by hand
delivery to the Honorable Gail L. Ash, Mayor, Clermont City Hall, 685 W. Montrose Street,
Clermont, Florida 34711; and that a true and correct copy of this Request has been furnished by
Electronic Mail to the Honorable Gail L. Ash (gash@clermontfl.org) and Daniel F. Mantzaris,
Esquire (dmantzaris@dsklawgroup.com), on this 26th day of Oc ber 2017.
(D�
DAVID A. THERIAQUE, ESQUIRE
I•
CITY OF CLERMONT
ORDINANCE No.2017-35
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: I I
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
•
Tract 27 together with a portion of Tract 22;as shown on the Lake Highland.Company plat of
••
Section 32, Township 22 South,Range 26 East,Plat Book 3,Page 24,public records of Lake
• County,Florida.Being more particularly described as:
Begin at the Southwest corner of Tract 22 as shown on the Lake Highland Company plat of•
Section 32,Township 22 South,Range 26 East,recorded in Plat Book 3,Page 24,of the public
records of Lake County,Florida; thence along the West line of Tract 22 N00°31'25"E, a distance
of 61.46 feet;thence N63°34'33"E,a distance of 393.00 feet to a point on the West Right-of-
Way line of US Highway 27;thence along said West Right-of-Way line,S24°35'30"E,a
distance of 269.86 feet to a point on the South line of Tract 22;thence continue along said West
• • Right-of-Way line S24°35'30"E, a distance of 366.85 feet;thence S00°27'49"W,•a distance of
266.03 feet to a point on the North Right-of-Way line of Anderson Hill Road;thence
N89°03'43"W along the said North Right-of-Way line of said Anderson Hill Road, a distance of
620.93 feet to a point on the West line of Tract 27 as shown on said the Lake Highland Company
• plat of Section 32,Township 22 South,Range 26 East;thence along said West line of said Tract
27,NOO°31'46"E, a distance of 598.50 feet to the Southwest corner of said Tract 22 and the Point
• of Beginning
Containing a total'of 9.47 acres,more or less:
LOCATION
West.and Northwest of the intersection of US Highway 27 and Anderson Hill Road
Alternate Keys 1453496,3828239&2826541
From:Urban Estate(UE)
To: Planned,Unit Development(PUD)
•
1 EXHIBIT I'
•
CITY OF CLERMONT
ORDINANCE No.2017-35
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;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 Planned Unit
Development Site Development,Plan prepared by Avid Group, dated June 30, 2017.
Formal construction plans incorporating all conditions stated inthis 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 SDecifrc Conditions:
1. The project may consist of up to 58,000 square feet of C-2 General Commercial uses with
one structure greater than 20,000 square feet but no mom than 22,000 square feet. This
structure is identified as "Commercial F' on the Planned Unit Development Site
Development Plan prepared by Avid Group,dated June 30,2017.
•
2. Setbacks
From US Highway 27 50 feet from the property line
From Anderson Hill Road 25 feet from the property line •
North property line: 12 feet from the property line
West property line: So feet from the property line •
3. Maximum building height will be 35 feet;measured at the highest point.
4. Driveway access and parking may be below the centerline of US Highway 27 or Anderson
Hill Road and will be subject to the approval of the City Engineer.
5. 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.
6. Individual retaining wall heights up to 6 feet in height are allowed to deal with the changing
grades on the site and maybe stair stepped,not to exceed 15 feet of elevation change.
2
•
•
•
CITY OF CLERMONT
ORDINANCE No.2017-35
7. A modified landscape buffer along the western property line'is requested as a result of •
meeting with the adjoing property owners on Maria Avenue. The landscape buffer shall
be a minimum of 10 feet in width and shall consist'of a six-foot high decorative masonry
or brick wall that may be incorporated onto the top of the retaining wall. In addition,the
property owner at 13220 Maria Avenue has requested no'trees plantedto•bealong the
property line due to an existipool enclosure. The four can trees and two
n6 opy understory
trees will be clustered within the rest of the westem landscape buffer.
8. 'The existing billboard will be removed prior to December 31, 2019.
9. The developer will construct safety upgrades to improve the shoulders along the curved
•section of Anderson Hill Roadjust west of US Hi
] Highway 27. In addition,the developer will
add striping along Anderson Hill Road extending from US'Highway 27 to the western
property line and will construct a 5 foot pedestrian sidwalk along the north side of
Anderson Hill Road the length of the property.--Off-site improvements shall be eligible for
transportation impact fee credits to the extent allowed pursuant to,Lake County Code.
10. The developer shall submit an annual report to the City of Clermont,no later than February
15 of each year, on the monitoring of the intersections of US Highway 27 at John's Lake
Road and Citrus Tower Boulevard at John's Lake Road. The results of the monitoring will
be to see if the southbound left turns and eastbound left toms;respectively,cause the Level
of Service (LOS) of the intersection to deteriorate below acceptable standard's.; ff it is
determined that additional traffic improvements are warranted,the developer will assist in
'the improvements through their proportional share. This annual report shall conclude two
•
years after final build out of the development
•
• 11. The buildings shall be constructed in a manner that closely resembles the architectual style
and elevation as presented in the Anderson Hill Color Elevation Board labeled "Design
Concepts"prepared by Empad Architechae and Design,dated February 6, 2017"and shall
meet the City of Clermont's Architectural Standards.
12. Automotive,dealerships and/orauto parts sales shall not be an allowed use within this
Planned Unit Development without an amendment. ,
13. No outside speakers to be used for music or entertainment
14. No deliveries between the hours of 9 PM to 7 AM.
15. - No access to Anderson Hill Road shall be allowed except for emergency service vehicles.
The access point shall be secured subject to the approval,of the City's Fire Chief and Police
Chief,or assigned designee.
16. 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.2017-35
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 maybe 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.
Location map:
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CITY OF CLERMONT
ORDINANCE No.2017-35
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CITY OF CLERMONT
ORDINANCE Nth 2017-35
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,Florida
on this 26th day of September,2017.
CITY OF CLERMONT
4141
iL- Ash,Ma
ATTEST:
Lpjr
Tracy Ackroyd Howe,MMC,City Clerk
•
A , + as to I an. :ality:
&rhea
- 1