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O-2017-37 cam-l4NT CITY OF CLERMONT ORDINANCE NO.2017-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING FOR AN EFFECTIVE DATE, SEVERABILITY, RECORDING, AND PUBLICATION. WHEREAS, the City Council of the City of Clermont, Lake County, Florida has received a Petition for Annexation of a parcel of land contiguous to the present corporate limits under Section 171.044, Florida Statutes; and WHEREAS, the City Council of the City of Clermont, Lake County, Florida, has determined that it is in the best interest of the City and of the property herein sought to be annexed that the City annex the following described property; and WHEREAS, the City Council has determined that the area sought to be annexed is contiguous to the City and is in need of the services which the City can offer and the City has determined that such area sought to be annexed will be substantially benefited by annexation; and WHEREAS, the City Council has determined that all requirements of Section 171.044, Florida Statutes,have been met. SECTION 1. NOW, THEREFORE, BE IT ORDAINED, under the provisions of Florida Statute Chapter 171 and the General and Special Laws of the State of Florida; that the City of Clermont, Lake County, Florida, does hereby annex to and make part of its corporate boundaries; the following described property contiguous to the present City boundary, to-wit: LEGAL DESCRIPTION That part of the West 1,660 feet of the Northwest one-quarter (1/4) of Section 34, Township 22 South, Range 26 East, less the South 1,575 feet of the North one-half(1/2) of the West 1,660 feet of said Northwest one-quarter(1/4) and less the road right-of-way of Hancock Road on the West, being more particularly described as follows: Commence at the Northwest corner of said Section 34 for a point of reference; Thence, run South 89°07'07" East, along the North line of said Northwest one-quarter (1/4), a distance of 25.00 feet to a point lying on 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 right-of-way line,run South 89°07'07" East, along said North line, a distance of 1,635.24 feet to the East line 1 INSTRUMENT#2018034002 OR BK 5084 PG 2140-2143 (4 PGS) DATE:3/27/2018 8:17:04 AM NEIL KELLY, CLERK OF THE CIRCUIT COURT CITY OF CLEMONT LAKE COUNTY ATTN: CARLIE ZINKER RECORDING FEES$35.50 685 W MONTROSE4 ST ri PRMC]NT FL 34711 C(:E0404T CITY OF CLERMONT ORDINANCE NO. 2017-37 of the aforesaid West 1,660.00 feet; Thence, departing said North line, run South 00°05'31" East, parallel with and 1,660.00 feet East of, perpendicular measure, the West line of said Northwest one-quarter(1/4), a distance of 949.48 feet to the North line of the aforesaid South 1,575.00 feet; Thence run North 89°33'12" West, along said North line, a distance of 1,635.07 feet to the aforesaid East right-of-way line, Thence run North 00°05'31" West, along said right-of-way line, a distance of 961.89 feet to the Point of Beginning. Containing a total of 35.87 acres,more or less. SECTION 2. That the aforedescribed property shall be and hereby is made part and parcel of the City of Clermont, Lake County, Florida, and that said property shall be subject to all of the laws, ordinances, and provisions pertaining to the City of Clermont. SECTION 3. All property aforedescribed shall henceforth be subject to ad valorem taxation by the City of Clermont, Lake County, Florida and any other general or special taxes or assessments. SECTION 4. Should any Section or part of a Section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be separable in meaning and effect from the Section to which such holding shall apply. SECTION 5. This Ordinance shall be recorded in the Public Records of Lake County, Florida. 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. 2 � NT CITY OF CLERMONT as ORDINANCE NO. 2017-37 Location map: KSs�/ \ ll zIi I i I HOO �OOKS ST }IADOWN PIN/ ZBONT- = SUNBURYST Q OLLY LN v' m 7W 4:2- OJ� 0 PINE VALLEY BLVD EXGp\'' J NG PINE 7Rl '/ / 9.2 t O SU b : Ct LAGOON c Q44/ ONE,. ti d 9 cr 1/COQ- �1`lRiii Property / Q FE) PINE P Sp /ME (I)RUCE pTRADE AVEC_ [/y 5V c, - PINE LAKE 0, L LOST LAKE RD LOST LAKE RD —.E1 W Gi —, 3 4- CITY OF CLERMONT CLER. , .._ ORDINANCE NO. 2017-37 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 "' tb"°.‘6",). a--1" Gail L. Ash, Mayor 'ATTEST: jLG" -44- Tracy Ackroyd Howe, City Clerk Approved . and legality: Dam! '' zan , .„oath• LRATii F)ECEO V E n IU�111 THERIAQUE fo/a�Ii� &SPAIN �R Qo YEARS { October 26, 2017 (d. > _1111 201`' 5 VIA ELECTRONIC MAIL AND HAND DELIVERY / Honorable Gail L. Ash Clermont City Hall 11 -C,) (-:A.�� 685 W. Montrose Street Clermont,Florida 34711 at....,0(___ No...jr-, Re: Request for Relief from Decision of the Clermona A" Anderson Hill Planned Unit Development—Ord __ 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.2 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). 3 See id. at § 70.51(17)(a)-(c). TALLAHASSEE WINTER GARDEN 433 NORTH MAGNOLIA DRIVE 12200 WEST COLONIAL DRIVE, SUITE 300C TALLAHASSEE, FLORIDA 32308 WINTER GARDEN, FLORIDA 34787 (850) 224-7332 (407) 347-5388 FAX: (850) 224-7662 FAX: (407) 264-6132 www.theriaque law.corn 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.4 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. I 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 iaque Enclosure cc: Daniel F. Mantzaris, Esquire (via e-mail) 4 See id. at § 70.51(2)(d). 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 c ber 2017. � f DAVID A. THERIAQ S E, ESQUIRE 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 NO0°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 EXHIBIT a a 3 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 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. SECTION 3-Land Uses and Specific 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 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. 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 may be 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 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 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 turns;respectively,cause the Level of Service (LOS) of the intersection to deteriorate below acceptable standards. If 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 Architecture and Design, dated February 6, 2017 and shall meet the City of Clermont's Architectural Standards. 12. Automotive dealerships and/or auto 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 may be 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. 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C.";W".....h. .6.1M1MTV.:-0.— " .. .4.........-,,„. - ... . . ,................_.... .......... .,, i f ".% - —-" - - --' - .--r- .. ..." •••-•• t., .. • -:';‘"" ‘• 5:\ .W1111111211 IIINIPIL...ITS.... 2.._,...... • - S -7 v"---•.,,,,,,. ,tr."=1.--......... \.- I di • 5 CITY OF CLERMONT ORDINANCE No.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 r 9 014 446 ail L. Ash,Mayo ATTEST: ' .1>A`WIV Tracy Ackroyd Howe, MMC, City Clerk A. .-• as to . , 8 and e_ality: