Ordinance No. 2018-08 CSR NT CITY OF CLERMONT
Chace of Charnpecns ORDINANCE NO. 2018-08
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
A parcel of land lying in Section 25, Township 22 South, Range 26, Lake County, Florida, more
particularly described as follows:
Beginning 448.6 feet West of Southeast corner of Northwest '4, run North 01°00'01" East
1260.31 feet to South right-of-way of State Road 50, Westerly along said right-of-way to West
line of Southeast '/ of Northwest '/ South to Southwest corner of Southeast '' of Northwest ''A,
Easterly along South line of Northwest '/ to Point of Beginning — less West 100 feet, Official
Records Book 2149, Page 0423
Containing 22.78 acres, more or less
LOCATION
Magnolia Center
Southeast corner of Highway 50 and Magnolia Pointe Boulevard
From: Urban Estate
To: Planned Unit Development
SECTION 2. General Conditions
This application for a Planned Unit Development to allow for C-1 Light Commercial and C-2
General Commercial; 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.
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CSR , CITY OF CLERMONT
Oloc.� ORDINANCE NO. 2018-08
2. The property shall be developed in substantial accordance with the approved PUD Master
Conceptual Site Plan, Exhibit B, as approved under Lake County Ordinance No. 2009-8,
recorded in the Lake County Clerk of Courts, Official Records Book 3730, Pages 1624-
1634. 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. The conceptual site plans submitted
with the Planned Unit Development application are not the approved construction plans.
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.
4. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
5. The combining of Buildings E and F on Lot 6 shall not require an amendment to this
Planned Unit Development.
6. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental agencies.
7. The transfer of ownership or lease of any or all of the property described in this PUD
shall include in the transfer or lease agreement, a provision that the purchaser or lessee is
made good and aware of the conditions pertaining to this Planned Unit Development, and
agrees to be bound by these conditions. The purchaser or lessee may request a change
from the existing plans and conditions by following the procedures contained in the City
of Clermont Land Development Code, as amended.
SECTION 3. Land Use
A. Land Uses:
1. Permitted Uses: Development of the site shall be limited to uses permitted within the C-1
and C-2 zoning districts, as amended with the exception to the following uses:
a. Adult Use
b. Automotive Repair
c. Automotive Service Station/Convenience Store
d. Auto-parts or other auto-related uses, except as expressly permitted below
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CLER NT CITY OF CLERMONT
Chace d Ournpcns ORDINANCE NO. 2018-08
e. Bar or Tavern
f. Carwash
g. Hotel/Motel
h. Recreation, Commercial
i. Self-Service Laundry or Dry-Cleaning
j. Self-Service Storage
k. Theater
1. Recreational Vehicles
m. Truck Yard
n. Bingo Parlors and all other types of gambling establishments
o. Pawn Shops and establishments specializing in the resale of second hand goods
p. Vehicle Storage: No storage of commercial, disabled, abandoned or non-licensed
vehicles shall be permitted for any purpose
2. Commercial Uses Permitted with Specific Conditions: The following uses shall be
permitted subject to the specific criteria provided below:
a. Retail, Convenience: No fuel sales shall be permitted.
b. Restaurant, Fast Food:
i. Shall be allowed only on Lots 1, 2, 3, and 4
ii. No more than three (3) Fast Food Restaurants shall be permitted
iii. No more than one(1) stand-alone Fast Food Restaurant shall be permitted
iv. Lot 1 shall not permit a stand-alone Fast Food Restaurant
v. Drive-through windows shall not be permitted for any stand-alone Fast
Food Restaurant
vi. No Fast Food Restaurant shall occupy an end cap suite or have a drive-
thru on Lot 1
vii. No Fast Food Restaurant shall occupy an end cap suite or have a drive-
through on Lot 1 if Lots 1 and 2 are combined into a single lot and
developed within a common building. This condition does not apply to
Lot 2 if combined
viii. Hours of operation shall be limited to 5:00am to 11:00pm
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CLER• M. CITY OF CLERMONT
Chace of Chairpcns ORDINANCE NO. 2018-08
c. Restaurant, General: Restaurants are permitted beer, wine, and alcohol sales in
conjunction with sale of food.
d. Vehicular Sales: Vehicular sales are prohibited, with the exception of Lot 4,
which may allow a motorcycle dealership subject to the following regulations:
i. Inside sales only
ii. Daytime display of vehicles is permitted. All vehicles shall be moved
inside at night.
iii. Test driving within the development or rental of vehicles is not permitted.
iv. Any service or repair work area shall be completely enclosed, including
air compressors
v. Hours of operation shall be limited to 8:00am to 6:00pm
e. Wholesale and Warehouse:
i. Gross leasable area shall not exceed 10,000 square feet
ii. Limited to wholesale consumer products only; such as wines, food, or
restaurant supply
iii. Warehousing or wholesaling of building, hardware or manufacturing
goods or products is prohibited
f. Lot 5 shall be limited to medical and professional office uses.
g. Buildings H, J, K, L, M, N, and P of Lot 6 shall be limited to:
i. Medical Service and Professional Office
ii. Personal Care Services; excluding self-service laundry mats, and laundry
drop-off and pick-up stations
iii. Retail sales of health and beauty products, including marketing and
training
iv. The total square footage of Personal Care Services; including retail sales
of health and beauty products, on Lot 6 shall not exceed 10,000 square
feet
v. Dance studio within Building P only. Hours shall be limited to 7:00am to
9:00pm
h. Lots 1 and 2 may be combined and developed with a common building or
developed individually. Lots 3 and 4 may also be combined and developed with a
common building or developed individually. If combined, common building(s)
on Lots 1 and 2 and/or Lots 3 and 4 shall contain architectural enhancements to
the facades on the front and rear sides.
3. Manufacturing and industrial uses shall not be permitted.
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R CITY OF CLERMONT
CChoice of Ournpons ORDINANCE NO. 2018-08
B. Open Space, Impervious Surface Ratio, and Intensity:
1. Total development of the site shall not exceed a maximum gross square footage of
300,000 square feet.
2. A minimum 25%open space shall be implemented with the development plan.
3. A maximum impervious surface ratio of 65% over the entire commercial development
shall be implemented into the design criteria for all development.
C. Setbacks:
1. All setbacks shall conform to the landscape buffering requirements outlined in the Lake
County Land Development Regulations, as amended.
2. Building structures shall maintain a 200-foot setback from the south property line of Lot
6.
3. No loading docks or dumpsters shall be located within 400 feet of any property line of
any lot of the Magnolia Pointe Subdivision.
D. Buffering/Screening:
1. Landscaping of Lot 6 shall be consistent with the approved landscape plan, approved
May 8th, 2007.
2. A landscaped buffer shall be provided between all commercial, multifamily, right-of-way
and residential land uses pursuant to the City of Clermont Land Development Code, as
amended.
3. Lake County Type "A"buffer shall be required along Magnolia Ponte Boulevard and the
east boundary of Lot 4.
4. A 25-foot buffer of solid pine trees shall be maintained along the south boundary of the
Planned Unit Development; adjacent to Magnolia Pointe Condos. In the event that the
25-foot buffer of solid pine trees along the south boundary of the subject property is
destroyed or removed for any reason, a 25-foot landscape buffer shall be installed within
ninety(90) days thereafter.
5. A six-foot high masonry or brick wall shall be constructed along the west boundary line,
starting south of the guard house to the southern boundary of the retention pond, then
along said southern boundary line to the eastern boundary line of the property.
6. The wall or berm shall be constructed at the beginning of construction on Lot 6.
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Chace d Champons ORDINANCE NO. 2018-08
7. All outside storage shall be screened by a wooden fence and/or vegetative buffer
substantial enough to screen the uses from adjacent properties.
8. Any additional landscape requirements not specifically outlined by items 1 through 7 of
this Section shall be applied in accordance with the Land Development Regulations, as
amended.
E. Architectural Design Standards:
1. Design:
a. No pre-engineered metal buildings shall be permitted in the development.
b. Buildings on Lot 6 shall be themed in a Mediterranean manner, and shall have tile
roofs.
c. Design shall comply with the City of Clermont commercial design guidelines and
the Lake County Land Development Regulations, as amended.
2. Height:
a. Any structure on Lots 1, 2, 3, 4, & 6 shall not be taller than 35 feet.
b. Any structure on Lot 5 shall not be taller than 45 feet.
3. Orientation: The building on Lot 5 shall face west toward Magnolia Pointe Boulevard.
F. Lighting:
1. Lighting for parking lot, driveways, and utility areas; whether mounted on poles or walls
of buildings, shall conform to Illuminating Engineering Society ("I.E.S.") standards for
"cutoff' lighting fixtures.
2. Lighting "trespass" onto adjacent property shall not exceed 0.1 foot candles at the
property line.
3. Ornamental and spotlighting for aesthetic effect, landscape accent, signage, etcetera, shall
be directed onto the subject property.
G. Access Standards:
1. Construction traffic shall access the property via State Road 50 and avoid Magnolia
Pointe Boulevard unless prohibited by the Florida Department of Transportation or Lake
County Public Works.
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NT CITY OF CLERMONT
Chace Chunpcni ORDINANCE NO. 2018-08
2. Access to the site will be limited to the existing private road; Magnolia Pointe Boulevard,
a right in/out from State Road 50 near the middle of the property line as shown on
"Exhibit B".
H. Water and Sewer: Connection to central water and central sewer shall be required with
all development.
Concurrency Management Review: Prior to requesting approval, the Owner must
undergo Lake County Concurrency Management Review or sign an affidavit of deferral,
deferring concurrency management review.
J. Development Review and Approvals: Prior to the issuance of any permits, the Owner
shall be required to submit a formal site plan; as applicable, for review and approval by
City of Clermont. The site plan shall meet all submittal requirements and comply with all
City codes and ordinances, as amended.
K. Future Development Orders: Any requested development order must comply with the
City of Clermont Land Development Code, as amended, and the City of Clermont
Comprehensive Plan, as amended.
L. Concurrency Management Review and Vested Development Rights: Future rights to
develop the property are subject to a finding that the development will meet the
concurrency standards contained in the Lake County Comprehensive Plan and Land
Development Regulations through Concurrency Management Review; without such a
Review, no vested development rights shall have been granted by the County or acquired
by the Applicant.
M. Future Amendments to Statutes, Code, Plan and/or Regulations: The specific references
in this Planned Unit Development to the Florida Statutes, Florida Administrative Code,
City of Clermont Comprehensive Plan, and City of Clermont Land Development Code
include any future amendments to the Statutes, Code, Plan, and/or Regulations.
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R CITY OF CLERMONT
Chace ofO ORDINANCE NO. 2018-08
Exhibit B:
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' CITY OF CLERMONT
Chace C of Champions_ ORDINANCE NO. 2018-08
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 24th day of April, 2018.
CITY OF CLERMONT
•
r; ail L. Ash, Ma or
ATTEST:
Tracy Ackroyd Howe, MMC, City Clerk
Approved . . • : d legality:
Dante''auris, i y • "orney