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O-2017-39 CITY OF CLERMONT ORDINANCE No.2017-39 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(the"Property"): LEGAL DESCRIPTION LEGAL DESCRIPTION-PARCEL"A": A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH 90°00'00" EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD (COUNTY ROAD 3-1255), AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 90°00'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 579.99 FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 50°14'58" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 611.57 FEET; THENCE DEPARTING SAID WESTERLY LINE, RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF 512.82 FEET; THENCE RUN SOUTH 00°00'00" EAST FOR A DISTANCE OF 285.00 FEET; THENCE RUN SOUTH 90°00'00" WEST FOR A DISTANCE OF 526.00 FEET TO THE AFORESAID EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD; THENCE RUN NORTH 00°57'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 676.16 FEET TO THE POINT OF BEGINNING. CONTAINING 468,061.42 SQUARE FEET(10.75 ACRES), MORE OR LESS. AND CITY OF CLERMONT ORDINANCE No.2017-39 LEGAL DESCRIPTION-PARCEL "B": A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE RUN NORTH 90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 90°00'00"EAST ALONG SAID NORTH LINE A DISTANCE OF 579.99 FEET TO THE WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 925, PAGE 230 OF AFORESAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG SAID NORTH LINE FOR A DISTANCE OF 312.77 FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610 OF AFORESAID PUBLIC RECORDS; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 50°14'58" EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 979.41 FEET TO THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH 00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 263.86 FEET TO THE AFORESAID WESTERLY LINE OF A 30 FOOT UTILITY EASEMENT;THENCE DEPARTING SAID EAST LINE RUN NORTH 50°14'58" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 1391.99 FEET TO THE POINT OF BEGINNING. CONTAINING 237,139.56 SQUARE FEET(5.44 ACRES), MORE OR LESS. AND LEGAL DESCRIPTION-PARCEL "C": A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 34,TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 34;THENCE RUN NORTH 90°00'00"EAST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HANCOCK ROAD(COUNTY ROAD 3-1255),AS DESCRIBED IN OFFICIAL RECORDS BOOK 474, PAGE 999 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA;THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, RUN NORTH 90°00'00" EAST ALONG SAID NORTH LINE A DISTANCE OF 892.76 FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610 OF SAID PUBLIC RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 90°00'00" EAST ALONG SAID NORTH LINE CITY OF CLERMONT ORDINANCE No.2017-39 FOR A DISTANCE OF 742.48 FEET TO THE EAST LINE OF THE WEST 1660 FEET OF THE AFORESAID NORTHWEST 1/4 OF SECTION 34; THENCE RUN SOUTH 00°57'45" EAST ALONG SAID EAST LINE FOR A DISTANCE OF 626.37 FEET TO THE EASTERLY LINE OF A 170 FOOT UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 320, PAGE 610 OF AFORESAID PUBLIC RECORDS; THENCE RUN NORTH 50°14'58" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 979.41 FEET TO THE POINT OF BEGINNING. CONTAINING 232,501.86 SQUARE FEET(5.34 ACRES), MORE OR LESS. LOCATION South of Hooks Street,North of Trade Avenue, East of Hancock Road. Alternate Keys 3909648, 3909649, 3909650 21.53 +/- Acres From: Urban Estate(UE) To: Planned Unit Development(PUD) SECTION 2-General Conditions: This application for a Planned Unit Development (the "Project") to allow for a multi-tenant commercial/industrial development, including, without limitation, industrial uses including office/warehouse, warehouse and "flex space" uses (including small bay warehouses comprised of warehouse/storage and office and reception areas), all permitted uses in the M-1 Industrial, C- 1 Light Commercial and C-2 General Commercial zoning districts, the permitted uses specified in the body of this Ordinance, and those permitted uses set forth on Exhibit "B" attached hereto, on and subject to the terms and conditions of this Ordinance (as hereinafter defined) (the "Permitted Uses");be granted subject to the following conditions: 1. The terms, conditions, rights and interests as set forth in this Planned Unit Development shall be legally binding upon and inure to the benefit of the Property and the current fee simple owner of the Property(the "Owner") and any successors and/or assigns in title or interest to the Property, or any portions thereof. 2. The Property shall be developed pursuant to the terms and conditions of this Ordinance and in substantial accordance with the Concept Plan attached hereto as Exhibit "A" (the "Concept Plan"). Any reference to this Ordinance shall be deemed to include and incorporate the Concept Plan. Formal construction plans incorporating all terms and conditions stated in this Ordinance 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. Except for agricultural uses and operations, which may continue unabated, and mass clearing, grading, excavation, cut and fill work to be performed by the City on the Property and the parcel immediately to the south of the Property to be sold by the Owner CITY OF CLERMONT ORDINANCE No. 2017-39 to the City (the "Clermont Parcel"), 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 permits in accordance with the City Rules and those of other appropriate jurisdictional entities. The City acknowledges and agrees the Property has been openly used for agricultural purposes for many years. The City shall take no action or fail to take any action which would prohibit, restrict or hinder the agricultural use of the Property or any portions thereof, prior to their improvement as contemplated hereby. Any improvement of any particular phase or portion of the Property shall not mitigate or lessen the City's obligations with regard to the foregoing with regard to any remaining portions of the Property which have not yet been developed. 4. Where in conflict, the terms and conditions of this Ordinance shall take precedence over applicable provisions of the Concept Plan. To the extent the City Land Development Regulations are more restrictive than the terms and conditions of this Ordinance, this Ordinance shall control. The City, its Site Review Committee, administrative official, and other any officials thereof shall abide by the terms and conditions of this Ordinance and shall not take any actions, or fail to take any actions, which are inconsistent with this Ordinance. 5. This Ordinance, including the Concept Plan, complies with all applicable requirements of the City Comprehensive Plan and City Rules. 6. Recognizing that development plans can have minor changes between the planning and permitting stages, the City Manager or authorized designee may approve minor modifications and design modifications to signs, landscaping, Building elevations, driveway locations and other minor changes if the City Manager or authorized designee finds that the proposed modification is consistent with the applicable goals, objectives, and policies of the City Comprehensive Plan, is compatible with nearby existing land uses, would not result in inadequate public facilities, and is otherwise consistent with the public health, safety, and welfare. SECTION 3 - Uses and Specific Conditions: 1. The Project may consist of Building Gross Floor Area (the"Total Building Area") up to a floor area ratio of 0.35 for the Property; provided any Total Building Area in excess of 125,000 square feet on the Property shall require (a) the submission of a substitute Concept Plan (which shall modify the Concept Plan), and (b) approval of the City (subject to this Ordinance). No free standing Buildings shall exceed 60,000 square feet in Gross Floor Area; provided, the Buildings facing Hancock Road shall not be any larger than as shown on the Concept Plan. 2. In addition to the uses specified in the body of this Ordinance, those permitted uses set forth on Exhibit"B"attached hereto shall be allowed on the Property. CITY OF CLERMONT ORDINANCE No. 2017-39 3. The following criteria shall apply to the development, improvement, operation and use of the Property, all of which shall be permitted and not require a conditional use permit or additional approvals: (a) The total maximum floor space allowed in each Building for Permitted Uses and light manufacturing as referenced in Section 122-263(a)(2) shall be the total of the Gross Floor Area of such Building (in lieu of the 7,000 square foot maximum specified in Section 122-263(a)(2)). The total Gross Floor Area of any Building may be up to a maximum of 60,000 square feet; provided, the Buildings facing Hancock Road shall not be any larger than as shown on the Concept Plan. (b) The total maximum floor space allowed for any single tenant, occupant or business establishment within any Building shall be up to a maximum of the Gross Floor Area of such Building (in lieu of the 5,000 or 20,000 square foot maximum above which a conditional use permit shall be required as specified in Sections 122-203(b) (5,000 square feet), 122-204(a)(1) (5,000 square feet), 122-223(b) (20,000 square feet), 122-263(a)(2) (7,000 square feet)). (c) The screening requirement for the outdoor Storage Areas shall be as follows: (i) The screen structure may be a block or masonry wall, chain link fence, PVC, wood, aluminum or other similar fencing structure. Barbed wire shall be allowed on the top of the wall or fence. (ii) If screen structure is a chain link or similar fence which is not opaque, a vinyl screening material of any color placed on the face of the fence shall be allowed. This does not include the placements of slats in the fencing. (iii) Visual screening material shall only be required along the perimeter of the Storage Areas as depicted on the attached Exhibit"C". (iv) Not exceed eight (8) feet in height, including barbed wire placed on the top of any fence or wall structure. The fencing, screening and other improvement requirements for the Storage Area within the 200 foot Duke Energy easement area shall be subject to any requirements or prohibitions imposed by Duke Energy. The fence and wall criteria set forth in Section 3(i) of the City's Architectural Standards shall not apply to the wall and/or fencing around the Storage Areas if in conflict herewith. Landscaping in lieu of walls and/or fencing shall be allowed along the north and east borders of the Stormwater Pond (Parcel C). 4. The Project shall be allowed to construct, place, operate, manage and rent (either ancillary to the lease of portions of a Building or to third parties who are not tenants or occupants of any portions of a Building) outdoor storage areas and facilities for the CITY OF CLERMONT ORDINANCE No.2017-39 storage of vehicles,boats, RVs, and equipment in the outdoor Storage Areas identified on the Concept Plan. These Storage Areas shall be visually screened as set forth in Section 3(c) above. No outdoor repair of machinery or vehicles is permitted. The Owner shall also be allowed to utilize all or portions of the Storage Areas for parking lots, including parking spaces and related driveways and improvements, for use by occupants of the Buildings and Property. Any parking spaces located within the Storage Areas shall count toward the parking space requirements for the Project. All parking spaces, driveways and other surface improvements within the Storage Area may be constructed from asphalt, concrete, crushed rock or stone or similar materials. 5. Setbacks for Building facades only: From Hancock Road: 50 feet from the Property line East Property line(along residential development): 25 feet from the Property line East Property line(next to New Open Storage Area): 15 feet from the Property line North Property line: 15 feet from the Property line South Property line: 15 feet from the Property line 6. Maximum building height will be 55 feet,measured at the highest point. 7. The maximum impervious surface area ratio for the Property shall be 80% with a floor area ratio for the Property not to exceed 0.35. 8. Vehicle parking spaces in designated service areas (between facing overhead doors), as depicted on the Concept Plan, may be reduced to 9 feet wide by 20 feet long to accommodate at grade overhead doors. The loading space in front of each at grade overhead door may be counted towards the required number of parking spaces and loading spaces. 9. The minimum parking space requirements for the Project shall be as follows: (a) Except as provided in Section 9(b)below, 1 parking space for each 500 square feet of Gross Floor Area of Building(1:500). (b) Notwithstanding the foregiong Section 9(a), those Buildings which face Hancock Road and which have commercial/retail uses, shall have 1 parking space for each 250 square feet of Gross Floor Area of Building. (c) Bicycle parking racks shall be required only for those Buildings which face Hancock Road and which have commercial/retail uses. The overall number of parking spaces for the Buildings and Building uses as shown on the Concept Plan are deemed sufficient. 10. At grade loading spaces are provided in the designated service area, therefore, a loading berth may be provided as a common loading dock at the Owner's discretion. CITY OF CLERMONT ORDINANCE No. 2017-39 11. Building façade landscape shall not be required along building facades facing designated service areas. 12. Interior landscape and vehicular use area landscape shall not be required in designated service areas. 13. 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. 14. The cross slope of all landscape buffers shall not exceed a 4:1 slope ratio (in lieu of ten percent (10.00%) grade on the high, and the 4:1 maximum maximum grade on the remaining(Section 118-37(e)(1)a. 15. The Buildings and Project shall be constructed in a manner that shall meet the City's Architectural Standards. 16. The improvements to Hancock Road shall be (a) left turn lanes at the Project's southern entrance driveway, (b) the Project's northern entrance driveway shall be right in — right out only and turn lanes shall not be required at this entrance, (c) a northbound deceleration lane at the Project's southern entrance driveway (adjacent to the Clermont Parcel's northwest corner) at a minimum, these may include turn lanes and paved shoulders within the limits of the offsite road improvements. All of this is subject to approval by Lake County Public Works Department. 17. A twenty-five foot (25') additional right-of-way along the eastern boundary of Hancock Road shall be dedicated to Lake County, Florida. A detailed right-of-way survey for Hancock Road along the Property frontage will be required with plan and permit submittals. 18. A Traffic Impact Study (TIS) shall be completed and reviewed by the Lake-Sumter Metropolitan Planning Organization. The study and comments shall be shared with all jurisdictions within the traffic impact area. If the study identifies a deficiency in the Level of Service of transportation facilities due to the proposed Project, the Owner shall be required to participate in mitigation strategies. 19. Fiber optic conduit and pull boxes may be required to be installed by the Owner in the easements to extend the City's fiber optic network. The City will reimburse the Owner at one hundred percent (100%) for all costs including design, permitting, materials, and construction of the fiber optic conduit and pull boxes. CITY OF CLERMONT ORDINANCE No. 2017-39 20. The Project, as currently set forth on the Concept Plan, shall be developed according to the M-1 Industrial zoning designation in the City's Land Development Code, with permitted uses in C-1 Light Commercial and C-2 General Commercial zoning designations, subject to the terms, conditions, requirements and waivers set forth in this Ordinance. 21. The Owner shall be allowed to create a condominium form of ownership and each condominium unit may be comprised of an individual unit within a Building or a whole Building or the building pad upon which a whole Building is to be constructed. 22. The Project may be developed in multiple phases but if developed in multiple phases, each phase must be developed in a manner that allows the individual phases to function independently of one another. The purpose of this requirement is to ensure that each phase can fully function and operate as intended by the Concept Plan in the event that subsequent phases are delayed or abandoned. The Owner shall only be required to pay any and all impact fees, reservation fees (if any), infrastructure and subdivision improvement guarantees, sureties, letters of credit, etc. specifically and directly applicable for uses on the specific phase or portion of the Property or Project for which improvements permits are being issued, and only upon the issuance of such permits and not prior to such issuance. 23. The Project shall be allowed a maximum of two (2) ground monument signs with maximum dimensions of ten (10) feet wide by fifteen (15) feet in height with 60 square feet of copy area on each side and such other signage as shall be allowed by the City Land Development Code. In addition, tenants within the Buildings shall have the right to have signs advertising their business on the Building façade in front of their premises. 24. By its review, acceptance and approval of this Ordinance and the Concept Plan, and the planned development thereunder, the City has confirmed and made a determination that all of the foregoing and the the land uses, densities or intensities, and other aspects of development permitted by this Ordinance are compatible with and further the objectives, policies, land uses, and densities or intensities in the City Comprehensive Plan and is allowed by and meets all other criteria of the City Rules and the City Comprehensive Plan. SECTION 4—Repeal of Conflicting Ordinances: All Ordinances or parts of any Ordinance in conflict herewith are hereby repealed. CITY OF CLERMONT ORDINANCE No. 2017-39 SECTION 5- Definitions: Definitions. As used in this Ordinance, the following terms shall have the meanings set forth below: 1. "Building"means an enclosed structure with four walls and a roof within the Project. 2. "City"means the City of Clermont, Florida, a Florida municipal corporation. 3. "City Comprehensive Plan" means City of Clermont Comprehensive Plan and Future Land Use Map. 4. "City Rules" means the Land Development Regulations, Ordinances or Resolutions, other rules and regulations of the City, and any amendments or modifications thereto. 5. "Concept Plan" means that certain Clermont Commerce Park PUD Concept Plan prepared by SK Consortium, Inc., attached to this Ordinance as Exhibit"A". 6. "Gross Floor Area" means the area within a Building as measured from the interior facade of the exterior Building walls. 7. "Loading Spaces" means that area in front of the at grade overhead doors within Buildings with approximate dimensions of 12 feet wide and 30 feet long. 8. "Storage Areas" means those areas within the Project designated as a "Storage Area" on the Concept Plan and as described in Section 3, Item 4 of this Ordinance. SECTION 6- Severability: 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 7—Scrivener's Errors: The City Attorney's Office is authorized to correct scrivener's errors found in this Ordinance by filing a corrected copy of this Ordinance with the City Clerk. M � CITY OF CLERMONT ORDINANCE No. 2017-39 SECTION 8- Effective: 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: v JOKSST \ . 1: DOWLN a o BOND ST 4 z SUNBURY ST = OLLY LN II ml L_�iiiSS SS :2:II . - '_ - HORS`pN % J PINE VALLEY BLVD WOG -,ir/� inn F EXCA��O { 181_ y ONG PINE TRLI \ � a j1 = 11+` �Q.� o� o Site Q� GONE B� z �' I Q\?Q 0 % 1Pk TR = OC < P/N E PQ' SP H /`(-/CEP TRADE AVE _ /NE 1.- PINE LAK LOST LAKE RD t/.111U..E - Nunn-11 t I ..... 1 i -1 ! i . CITY OF CLERMONT ORDINANCE No. 2017-39 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 13th day of March, 2018. CITY OF CLERMONT r Gal L. Ash, ayor ATTE T: k • / i4" Tracy Ackroyd Howe, MMC, City Clerk Approved as _�_!s ani • • dri Danie . v antzaris, City Attorney anwtawmrwu I _Q OW[wl•t9MI-K9-00.P.6NI.Mt.-Ott-t0.3....i. a .O vlNw• t UM.1..•O. ..tt01 �u1wnPosuo0 R1 i 4 � '"'"' "0 """" ' ' N�5'°'� t and )IdIVd 3OI�3wW1 00NOW1j310 , 1 NVId 1d3ON00 and Iii ! / / / / e) li Hata a..,„,•,,.]:9....fin 1.0.P. 4 ---.—,-7 // / . 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