Loading...
O-2019-09 CLERMONT CITY OF CLERMONT p o ORDINANCE N0.2019-09 tO AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY c". 4) OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE c`�' OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED o TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF o w ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBEDc c Y Y HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, ^.,a w 5 g EFFECTIVE DATE,AND PUBLICATION. v w MNi,roil �W The City Council of the City of Clermont, Lake County, Florida hereby ordains that: c5 o a 10SECTION 1. 2 N Q U o 0 F >- V The Official Zoning Map of the City of Clermont,Lake County,Florida referred to in Chapter 12: z o o r of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the followinL described property: LEGAL DESCRIPTION That part of MONTE VISTA PARK FARMS, according to the plat thereof, as recorded in Plat Book 2, Page 27, of the Public Records of Lake County, Florida, lying in Sections 9 and 16, Township 23 South, Range 26 East, and that part of the Southeast 1/4 of Section 9,Township 23 South, Range 26 East, Lake County, Florida,described as follows: COMMENCE at the East 1/4 corner of Section 9,Township 23 South, Range 26 East,thence run S00°25'15"W along the East line of the Southeast 1/4 of said Section 9 for a distance of 26.00 feet to the POINT OF BEGINNING; thence continue S00°25'15"W along said East line 2560.45 feet to the Southeast corner of said Section 9;thence S00°26'49"W along the East line of the Northeast 1/4 of Section 16,Township 23 South,Range 26 East,for a distance of 662.26 feet to the Southeast corner of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 16; thence N89°32'02"W along the South line of said North 1/2 of the Northeast 1/4 of the Northeast 1/4 for a distance of 1121.46 feet; thence leaving said South line run N00°27'58"E, 529.08 feet; thence N50°15'49"W, 606.67 feet; thence N18°55'15"E, 15.13 feet; thence N06°26'42"W, 28.59 feet; thence N31°04'08"W, 24.54 feet; thence N57°16'34"W, 38.82 feet; thence N79°19'14"W, 22.50 feet; thence S72°14'43"W, 23.58 feet; thence S25°50'57"W, 30.74 feet; thence S66°47'05"W, 81.79 feet; thence S55°09'08"W, 65.04 feet; thence S70°14'29"W, 16.30 feet; thence N77°06'37"W, 14.04 feet; thence N56°24'53"W, 10.66 feet; thence N21°01'30"W, 101.88 feet; thence N04°17'39"E,27.39 feet;thence N16°05'04"E,33.97 feet;thence N28°56'59"E,43.34 feet; thence N61°30'08"E,44.26 feet;thence N43°55'27"E,43.91 feet;thence N20°42'07"E,56.29 feet; thence N06°27'57"E, 101.43 feet; thence NO2°36'01"W, 121.76 feet; thence NO3°11'49"E, 54.97 feet;thence N14°54'49"E,44.67 feet;thence N36°16'47"E,24.84 feet;thence N68°05'38"E,28.33 feet; thence S76°04'07"E, 30.37 feet; thence S64°20'08"E, 25.40 feet to the point of curvature of a curve concave Northwesterly having a radius of 25.00 feet and a chord bearing of N41°37'57"E; thence Northeasterly along the arc of said curve through a central angle of 148°03'50" for a distance of 64.61 feet to the point of tangency; thence N32°23'58"W, 72.00 feet; thence N46°19'25"W, 35.85 feet; thence N73°14'47"W, 36.84 feet; thence N88°48'33"W, 90.46 feet; thence S79°46'13"W, 30.52 feet; thence N85°12'21"W, 36.97 feet; thence N45°06'17"W, 26.84 feet; thence NO2°32'14"W, 197.47 feet; thence N06°51'20"E, 199.46 feet; thence N10°32'32"W, 1 CITY OF CLERMONT CChdat ORDINANCE NO.2019-09 40.47 feet; thence N25°48'53"W, 31.53 feet; thence N46°57'10"W, 23.08 feet; thence N30°34'13"W, 20.75 feet; thence N15°51'21"W, 43.08 feet; thence N07°19'12"W, 66.15 feet; thence NO2°11'09"E,52.90 feet;thence N09°45'40"E,49.13 feet;thence N16°35'39"E,43.95 feet; thence N44°07'53"E, 55.81 feet;thence N60°09'01"E,42.42 feet;thence N74°46'16"E,40.33 feet; thence N80°48'18"E, 53.28 feet;thence N87°41'33"E, 82.14 feet;thence N00°23'35"E, 86.68 feet to the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 9; thence S89°36'25"E along said North line 382.81 feet to the Northeast corner of said South 1/2 of the Northwest 1/4 of the Southeast 1/4;thence N00°20'29"E along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 9 for a distance of 644.48 feet to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 9; thence run S89°42'00"E along the North line of the Southeast 1/4 of said Section 9 for a distance of 315.40 feet to the right-of-way line of Hartwood Marsh Road, as recorded in Maintenance Map Book 8, Pages 21 through 23, of the Public Records of Lake County, Florida; thence S00°18'00"W along said right-of-way line 26.00 feet;thence S89°42'00"E along said right-of-way line 999.95 feet to the POINT OF BEGINNING. Containing 115.890 acres more or less and being subject to any rights-of-way, easements and restrictions of record. LOCATION Southwest corner of the Hartwood Marsh Road and Hancock Road intersection Alternate Key 1462428, 1663521, 3853084 From: Urban Estate (UE) and Urban Transition (UT) To: Planned Unit Development(PUD) SECTION 2. Land Uses This application for a Planned Unit Development to allow for single family residential development be granted subject to the following conditions: 1. A total of up to 321 single family residential dwelling units may be permitted on the site, not to exceed a density of 2.8 units per acre within the project. 2. Development Standards: Development standards for the development of the residential dwelling units shall be based on the size of the lot, as indicated in the table below. 2 CITY OF CLERMONT CLER C ONT ORDINANCE NO.2019-09 Design Item 40' Lot 50' Lot 60' Lot Minimum Lot Area 4,600 sf 6,000 sf 7,200 sf Minimum Living Area 1,500 sf 1,500 sf 1,500 sf Minimum Lot Width 40' 50' 60' Minimum Lot Depth 115' 120' 120' Minimum Front Building 20' 20' 20' setback Minimum Side Yard 5, 5, 5' Setback Setback from Side Street 15' 15' 15' Minimum Rear Yard 20' 20' 20' Setback(#) Minimum Building 10' 10' 10' Separation Minimum Rear Yard Setback for Pools,Patios, 5, 5, S, Decks, Screen Rooms or Ancillary Structures Maximum Impervious 0.75 0.75 0.75 Surface Ratio(ISR) Maximum Building Height 35' 35' 35' Setbacks from High Water Line,Mean High Water 50' 50' 50' Line,or Jurisdictional Wetland Line Minimum front yard easement 5' S' S Minimum side and Rear Yard Drainage and Utility 5' 5' 5' Easement (#) 35' Minimum building setback from Hartwood Marsh Road Right-of-way 3. Phasing of Development: The project may be developed in one or more phases. 4. The property shall be developed in substantial accordance with the Planned Unit Development Plan, and the Preliminary Plan(Hartwood Marsh), each prepared by Donald W. McIntosh Associates, Inc., each initially dated November 1, 2018, and each with a revised date of January 29,2019, attached hereto. 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 development permits. 5. The project may have elevation changes of up to 15 feet in height with up to 10%of 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. 3 CITY OF CLERMONT -t],ace of Ch.npons- ORDINANCE NO. 2019-09 6. Internal roads in the proposed development shall not be required to provide cross access to adjacent parcels since they are either restricted due to environmental/physical constraints, placed in conservation use or commercial uses fronting existing road networks. 7. The overall density calculation for the proposed number of lots is made prior to deducting the acreage to be dedicated as Public Right-of-Way. 8. Lots on curves may have a lot frontage of 30 feet but will be required to have a 40 foot width at the front building setback line that will be a minimum of 20 feet or greater from the front property line. ►N Wirntr NNN �.M.N'WM.[.M b.N.. / StMAC. weaa.,...onpµ•'b t/f 9. Retaining wall heights up to 15 feet in height are allowed to deal with the extreme grades on the western portion of the site to accommodate vertical site grade attenuation. 10. The project shall allow encroachments into the 100-year floodplain provided appropriate compensating storage is provided. 11. A 35-foot building setback is required from the right-of-way line of Hartwood Marsh Road. SECTION 3. Open Space Open Space: A minimum of 25 percent of area for this Planned Unit Development shall be provided as open space in accordance with the Comprehensive Plan and Land Development Code (LDC), as amended. Stormwater ponds, landscape tracts, buffers, common areas, reclaimed floodplain and recreation tracts can be counted towards open space requirements. A waiver to Section 122-316(b)(4)has been granted to allow individual phases of the Planned Development to exceed the overall density of the Planned Unit Development and to allow individual phases of the Planned Unit Development to be developed without providing common open space in proportion to that contained within the entire Planned Unit Development. 4 6 CLERMONT CITY OF CLERMONT dCw„,ons-"".....- ORDINANCE NO. 2019-09 SECTION 4. Landscaping, Buffering, and Screening 1. A 10-foot wide buffer with a six foot masonry/pre-cast concrete wall will be installed in the landscape/irrigation/wall tract adjacent the 20'trail tract adjacent to the Hartwood Marsh Road right-of-way and the Hancock Road right-of-way, as shown on the cross- section below. EXISTING PD PROPERTY LOT LINE BOUNDARY BOUNDARY 115' LOT DEPTH 25' PD BUFF (VARIEESS 40.9'CTO 66.9') 20' FRO ' FRON K 75' BUILDING ENVELOPE 20' REAR DG BWG LAM - EASEMENT HOA TO CITY TRAILSTRACT TO COUNTY LANDSCAPE TREE 8' HIGH 10' TRAIL WALL (BY OTHERS) WALL FOOTER HARTWOOD MARSH ROAD SECTION NTS EXISTING PD PROPERTY LOT UNE BOUNDARY BOUNDARY R/W DEDICATION 115' LOT DEPTH 25'PD BUFFER (VARIES 78.9' TO 102.2') r r 20' FRONT AtDG SETS 1 ithc 75' BUILDING ENVELOPE 20'SETBACK to L[I/w 20' UTILITY 1RACT TO EASEMENT IaoA TO CITY INSIDE L TRACT TO COUNTY AN LDSCAPE TREE for 10' TRAIL (BY OTHERS) ` y V WALL NOTE: IF REQUIRED, TREES ARE TO BE PLACED A FOOTER MINIMUM OF 8' FROM THE EDGE OF SIDEWALK HANCOCK ROAD SECTION NTS 2. No buffer is required along the southern and western property line as this area is a conservation area, open space area, or reuse area. 3. Street trees planted along the interior roadway network shall be maintained by the HOA. 5 d✓ CLERDMT CITY OF CLERMONT � � � ORDINANCE NO. 2019-09 4. All other landscaping, buffering, and screening requirements shall be in accordance with the Land Development Code,as amended. Existing trees may be used to meet the landscape buffer requirements in accordance with the Land Development Code, as amended. SECTION 5. Environmental 1. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plan approval stage of the overall development. Applicable permits for any gopher tortoises and associated burrow commensal species or other endangered species found on the property must be received from the appropriate regulatory agencies prior to the initiation of the development activity. 2. Wetlands on site shall be placed in a conservation easement with the recording of the final plat for each phase of development. SECTION 6. Utilities 1. The project shall be developed in accordance with the City of Clermont Utility Standards. 2. Any proposed City maintained utilities that are not located within a City maintained right of way shall be placed in a utility easement dedicated to the City at time of recordation of final plat. Easements shall be provided at no expense to the City. 3. The off-site water line extensions proposed will be those specific extensions required to obtain service for the project and will not be extended across the entire project boundary. 4. The off-site sewer system line extensions proposed will be those specific extensions required to obtain service for the project and will not be extended across the entire project boundary. 5. Stormwater retention for the portions of the Hartwood Marsh Road and South Hancock Road that are constructed within the right of way dedicated to Lake County by the Developer at final plat will be designed to be accommodated in the development's master stormwater management system. 6. 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's Information Technology Director will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. 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. 6 caRrioNT CITY OF CLERMONT ORDINANCE NO. 2019-09 SECTION 7. Transportation Improvements/Access Management 1. The development shall comply with all applicable City and County access management requirements. Prior to the issuance of the first Certificate of Occupancy, the proposed secondary entrance shall be constructed off of a two (2) lane extension of South Hancock Road for the residents of the development. Developer shall not be obligated to extend Hancock road south of the project entrance. 2. Sidewalks are to be constructed on both sides of the residential streets internally. Applicant will coordinate with Lake County for trail improvements along the frontages of Hartwood Marsh Road and South Hancock Road to provide connectivity to the schools within the area. 3. Improvements at the intersection of Hancock, South Hancock and Hartwood Marsh roads within the existing or to be dedicated right-of-way will be required (as approved by Lake County) to allow for the extension of South Hancock Road. This may include turn lane(s), sidewalk, trail, and sign modifications. 4. At the time of Platting, additional right-of-way dedication along Hartwood Marsh Road and new right-of-way dedication for South Hancock Road will be coordinated with Lake County Public Works and in conjunction therewith, historical rights of way inconsistent with the planned development will be vacated/abandoned by the County/City. 5. Roadway Lighting: The developer shall arrange with the power utility provider for installation of street lights along their property boundary adjacent to Hartwood Marsh Road and South Hancock Road to the project entrance. The cost of installation shall be paid by the developer and shall be installed prior to the first Certificate of Occupancy. 6. If required by Lake County, the developer shall be responsible to coordinate the modification of the existing traffic signal at Hartwood Marsh Road and Hancock Road, as needed with Lake County, to accommodate safe and efficient traffic flow from the project entrances. SECTION 8. Schools School concurrency shall be met before final plat approval in accordance with the Comprehensive Plan and Land Development Code. SECTION 9. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. 7 CM CIENT CITY OF CLERMONT /cn da1bm ORDINANCE NO. 2019-09 SECTION 10. 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 11: This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 12: 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 13: This Ordinance shall be rendered null and void if substantial construction, as determined by the City, has not commenced within two years of its effective date. Location map: � ' y--- t 1 -,f -ri 1�m cso1 7„,0.VE i 2 1, vv, of t----.7.1 ` J U Z-`� b,....._, ` W_�UN� a z QCl 2 m Q lJ72z 4 �L� 00,1-- 0 HARTWOOD MARSH RD BLVD N' VISTA-DO-5Z 0H �,ILLTOpm K Q �A ERD _`s mJJ J�v RIVATEDR , CU N .J w af�" 1 3. Q Y I 1 > H BARBADOS Lam_ V _ TOBAGO AVE \ HIDDEN O� IGHTSBRIDGE RD 0 ( (/1 d Iv-1 R\mAJEy ANOUILLAIAVE . I. BARRISZE‘ D a U 0 (Ito, v Dy14 N OO9yG4• F�% EESf POssqgSTrSC4 8 LER NT CITY OF CLERMONT Chace ORDINANCE NO. 2019-09 � 1I &, cc GgIO T I 1 \. - i TO-M!..11=MR KO _ 9 / EiN 1 norm ROM ..,................. - - -...:-.-—'— '-115111111...' ....-. ' .." as 1"••7 116 z gook hairol:orffril, m ..... 2 IRIE 1 :,.."Im Wir: ea g: 1 Mir 1 117M. ,�,�,� i II tilill "L' rF I F1 . ,iVe cy !Iiii-Tiiiii • J / _ ` I 1"r,. l ,, 111 Ei kr__ �gm _ ' r . SS� ) ,,,* 1 si ratirrat. 31:01=E Fjr a r {i k i -L5112:1:711..iftillill:11 SEE SHEET 7 1 0 le I :- 1 SEE SNECT El flopil=giail:rir go 1 + - 1. 11 it 101 • �f � e � :: i ¥ 1I • h. JI 1 '............................._...- k 1 t� i g ==cm EL=X= rzE _ I M I '11 �i�' e+:' ,.. I -im PI 1 = •- r ails.—...- . .... Ii. . 1 i . 1 %x r, f s.s + + + a + + + + + : 1 . 1� . . 03 , . • ... IONIC M1.CT.•4 -nw N.v wo r r�Na MOO .......... ® • »woo rc�0o s n�I.K-m—�i.n 1 c' C n 9 • ce CLERMONT CITY OF CLERMONT �xce� � ORDINANCE NO. 2019-09 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 26th day of March, 2019. CITY OF CLERMONT f d ':aa ,( s 51CGail L. Ash, Mayor te Tracy Ackro (Ho e, MMC, City Clerk Approved as to . d legality.— Danie antzaris, City Attorney