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O-2017-49 CITY OF CLERMONT d ORDINANCE No.2017-49 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 OVERALL DESCRIPTION THAT PORTION OF THE EAST 222.00 FEET OF THE SE '/ OF NW ''TOGETHER WITH A PORTION OF THE SW '/ OF NE 'A, ALL LYING IN SECTION 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST,LAKE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH % 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'/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 89°06'29" E,ALONG SAID SOUTH RIGHT OF WAY LINE.A DISTANCE OF 1308.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST '/ OF THE NORTHEAST % 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 % OF THE NORTHEAST '/ OF SAID SECTION 27, THENCE RUN N 88°58'56" W. ALONG THE SOUTH LINE OF THE SOUTHWEST 'A OF THE NORTHEAST % OF SAID SECTION 27,A DISTANCE OF 1309.61 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST 'A OF THE NORTHEAST 'A; THENCE RUN N 88°58'56"W.ALONG THE SOUTH LINE OF THE SOUTHEAST'/OF THE NORTHWEST %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 '/ OF THE NORTHEAST % OF SAID SECTION 27; THENCE RUN N 00°30'12"E. ALONG A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHWEST OF THE NORTHEAST ''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. 1 Ca M. CITY OF CLERMONT Road Champion ORDINANCE No. 2017-49 CONTAINING 45.38 ACRES, MORE OR LESS. Alternate Keys 3868854 & 3868851 From: Urban Estate (UE) To: Planned Unit Development (PUD) SECTION 2: All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3: 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 4: This Ordinance shall be published as provided by law,and it shall become law and take effect upon its Second Reading and Final Passage. SECTION 5: 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, 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 Lochrane Engineering,dated October 19,2017. The City Manager or authorized designee, will have the right to administratively approve revisions to the Site Plan, including the configuration of buildings, provided no building will exceed 45,000 square feet and the overall square footage of the commercial site does not exceed 162,000 square feet. 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 d✓ C� CITY OF CLERMONT .a�^. ORDINANCE No. 2017-49 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 6: 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,as shown on the site plan. Lot 5 may also allow a gas station/convenience store. 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. 6. All required landscape buffers shall have an additional 30 percent more plant material,which includes trees and shrubs, to enhance the site. 3 d✓: CL CITY OF CLERMONT losce 0{C^ - ORDINANCE No. 2017-49 7. 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. The applicant has the ability to reduce these buildings so long as the overall square footage of the entire site does not exeed 162,000 square feet. 8. 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 to 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. 9. The developer will agree to construct that segment of Hooks Street lying within the property boundaries in exchange for impact fee credits or other consideration as outlined in an agreement with the City and Lake County. This will be completed prior to Lot 1 receiving a Certificate of Occupancy. 10. Lots 6 and 7 may have up to 85 dwelling units consisting of fee simple townhomes, not to exceed two levels. 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 12 unit to one-acre ratio for density. 11. 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 4 CLE CITY OF CLERMONT ChacedClwrpons ORDINANCE No. 2017-49 12. School concurrency shall be met before final plat approval in accordance with the Comprehensive Plan and Land Development Code. 13. Sidewalks/Streets: a. Sidewalks to be constructed on both sides of residential and commercial streets. 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. 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. 14. 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. The developer shall also coordinate with the WaterBrooke development in the installation of streetlights along Emil Jahna Road. 15. The existing billboard onsite will be removed prior to issuance of first building permit. 16. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. 17. A Tier 3 Traffic Impact Study shall be completed and reviewed by the Lake-Sumter Metropolitan Planning Organization. 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. 18. 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. 19. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. 5 CITY OF CLERMONT C .<Chwpms ORDINANCE No. 2017-49 Location map: Ili _- 1111 -- - imaiiiiii., __ :i I :1 mm • 0 'fes-s6-1, ��- �m .. li - ..,,,,•_,......_,_L.,..,,-- ..p t q. i II YI •- ?m ®® ,. -I ., �1. I yy m � — - a - �—wiw waw► I I/1 MIIIIMMI y. HI i c I ��0� _ mal 4unlN 1 I r 1 V PAIR I mo �� ,moi Vim �. I ®000 .. • m©00 ..a .0nnas` ®it�^_m er �.wcm�wo ,.. .� . .� . . . • i. I t . e-'x7. 0 ( accaman(iiiaTrorCaMail 122 SANCTUARY RIDGE GOLF COURSE q. pINNACIEG (m Gi3CC° Q: ° T E HIGHWAY 50 SR 50 ...- SR50 • w Q• Ill' Subject — Property PRIVATE DR • a BOND ST i V a W U. J W (1C3 '�.',� QP G� 6 CITY OF CLERMONT �.d ^. ORDINANCE No. 2017-49 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of November, 2017. CITY OF CLERMONT "E4,:t /Z Gail L. Ash, Mayor ATTEST: sy '111 Tracy Ackr. d Howe, MMC, City Clerk Approved as to form and legality: 40) Dan` ' an zans, i y • ttorney