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Ordinance No. 2021-003CLERi" �ONT CITY OF CLERMONT ORDINANCE NO.2021-003 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 CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. 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 ALL OF LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT, FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. AND THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, OFFICIAL MAP OF THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50 FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89°26'08" W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET; THENCE RUN N 00018' 15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 109.31 FEET THROUGH A CENTRAL ANGLE OF 10' 11'01 " TO THE END OF SAID CURVE; THENCE RUN N 10°29' 16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE Page 11 of 9 G9,. CLEMONT CITY OF CLERMONT ORDINANCE NO.2021-003 WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89°26'32" E ALONG SAID WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34 FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00°38'18" W ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST 93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES, MORE OR LESS. LOCATION Vacant property northwest of West Ave and Minneola Ave Intersection AK 1615194, 2788577, 1714061 Victory Village and The Market 1.04 +/- Acres FROM: Central Business District (CBD) and Light Commercial (C-1) TO: Planned Unit Development (PUD) for a Mixed -use Residential and Commercial Project SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) to allow for a mixed -use project consisting of twenty-five residential units and CBD Central Business District 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 Exhibit A — Concept Plan prepared by Highland Engineering, Inc, dated 1-25-2021. 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. 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 Page 12 of 9 CLEMONT CITY OF CLERMONT ���« ORDINANCE NO.2021-003 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. 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. The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements. The Developer shall timely complete all required mitigation and other improvements as may be applicable. SECTION 3: LAND USES AND SPECIFIC CONDITIONS 1. A total of up to 25 residential dwelling units (d.u) may be permitted on the site, not to exceed a base density of 25 dwelling units/acre. 2. The total square footage of the commercial uses (the market, cider shack and food trailers) shall not exceed 8,000 square feet, as shown on the Concept Plan. 3. The project shall be constructed in a manner that closely resembles the architectual style and elevations as presented in Exhibit B — Elevations, and shall meet the City of Clermont's Architectural Standards. 4. Maximum building height shall be up to 55 feet, measured at the highest point. 5. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of the project site, as shown on in the red hatched area on the Concept Plan. 6. Individual retaining wall height up to 15 feet in height is permitted to deal with grade changes and for the construction of the first floor parking garage area. 7. The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep. 8. The developer will be required to construct 23 parking spaces off -site that meet the Land Development Code in the areas as shown on the Concept Plan along Victory Way and Minneola Avenue. This will be coordinated with the City and will be required to be installed prior to receiving final certificate of occupancy for the project. These spaces will be offered to the public and will not be reserved for project. 9. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. Page 13 of 9 CLER ONT CITY OF CLERMONT ORDINANCE NO.2021-003 10. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 11. Any market operating on the site shall be continuously operated by one single operator. 12. This Planned Unit Development shall become null and void if substantial construction work has not begun within five (5) years of the date that this Planned Unit Development is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. If the Planned Unit Development becomes null and void, the property will revert to the CBD Central Business District Zoning Designation. SECTION 4: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5: 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 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Sections of this Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 8: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. Page 14 of 9 CLER ONT CITY OF CLERMONT ORDINANCE NO.2021-003 Location Map: Q 0Subject UProperty w MINNEOLA AVE a LU Page 15 of 9 CLE CITY OF CLERMONT ORDINANCE NO.2021-003 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 9`h day of February, 2021. W V Tracy Ackroyd Howe, MMC, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, Mayor Page 16 of 9 (9;, CLER ONT Exhibit A — Concept Plan w 0 IL O A l , e 4 - wQccLLN�N J � gggr is 0 Z �_ a Pe ?77 x� "R Z N zJZ��J wEzz N N CV CCQ lL ((id {tW�/, 7 a 6 L k Y w �l w CITY OF CLERMONT ORDINANCE NO.2021-003 Ek a �41 Pill ;$ g } } € g �sz alb 11 s a lit I sz y a kg € ol,'11i ill ■ik i fill ; Inn fill pttEE� tlq�e�xa�5e @ i S Cgr6€€��1gf�i ike.yy�� �r 3Ki i4 ray"P 3I��a f� � 6E�•q$i:3s�yt.� n�"i@iMpk 5eI i gg sY W°N8?;� a.a t� �zIlox., = Ii@� pp }[r p e }y¢qq Page 17 of 9 rc- CI.ER ONT CITY OF CLERMONT ��-1« ORDINANCE NO.2021-003 Exhibit B — Elevations Page 18 of 9 CLER ONT CITY OF CLERMONT ORDINANCE NO.2021-003 Exhibit B — Elevations — Continued ��u _u pFiiiM�� Page 19 of 9 INSTRUMENT#: 2021140085 OR BK 5812 PG 841 PAGES: 9 10/8/2021 3:57:47 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $78.00 (9v CLEFKIVT CITY OF CLERMONT d«� ORDINANCE NO.2021-003 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 CONFLICT, SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. 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 ALL OF LOT 3, BLOCK 94, ACCORDING TO THE OFFICIAL PLAT OF CLERMONT, FILED 4TH OF FEBRUARY 1926, AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. AND THE EAST 93.5 FEET OF LOTS 4, 5, AND 6, BLOCK 94, AS REPRESENTED ON THE OFFICIAL MAP OF THE CITY OF CLERMONT, FILED FEBRUARY 4, 1926 AND RECORDED IN PLAT BOOK 8, PAGES 17 TO 23, BOTH INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 94, OFFICIAL MAP OF THE CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 17, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE RUN N 89026'08" W ALONG THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE FOR A DISTANCE OF 93.50 FEET TO THE SOUTHWEST CORNER OF THE EAST 93.50 FEET OF SAID LOT 6 AND THE POINT OF BEGINNING; THENCE CONTINUE N89126'08" W ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 136.20 FEET; THENCE RUN N 00018'15" E FOR A DISTANCE OF 47.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 615.00 FEET, A CHORD BEARING OF N05023'45" E AND A CHORD DISTANCE OF 109.16 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 109.31 FEET THROUGH A CENTRAL ANGLE OF I O'l P01 " TO THE END OF SAID CURVE; THENCE RUN N10029'16" E FOR A DISTANCE OF 44.03 FEET TO A POINT ON THE Page 11 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 842 PAGE 2 of 9 G9,: CLEONT CITY OF CLERMONT ORDINANCE NO.2021-003 WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S89126'32" E ALONG SAID WESTERLY EXTENSION OF THE NORTH LINE OF LOT 3 FOR A DISTANCE OF 63.34 FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE RUN S00°38'18" W ALONG THE WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF LOT 4, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT; THENCE RUN S 89'26'32" E ALONG THE NORTH LINE OF SAID LOT 4 FOR A DISTANCE OF 56.30 FEET TO THE NORTHWEST CORNER OF THE EAST 93.50 FEET OF SAID LOT 4; THENCE RUN S00°32'34" W ALONG THE WEST LINE OF THE EAST 93.50 FEET OF LOTS 4, 5 AND 6, BLOCK 94, SAID PLAT OF OFFICIAL MAP OF THE CITY OF CLERMONT FOR A DISTANCE OF 149.94 FEET TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES, MORE OR LESS. LOCATION Vacant property northwest of West Ave and Minneola Ave Intersection AK 1615194, 2788577, 1714061 Victory Village and The Market 1.04 +/- Acres FROM: Central Business District (CBD) and Light Commercial (C-1) TO: Planned Unit Development (PUD) for a Mixed -use Residential and Commercial Project SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) to allow for a mixed -use project consisting of twenty-five residential units and CBD Central Business District 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 Exhibit A — Concept Plan prepared by Highland Engineering, Inc, dated 1-25-2021. 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 Page 12 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 843 PAGE 3 of 9 CLEMQNT CITY OF CLERMONT ORDINANCE NO.2021-003 of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. 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. 5. The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements. The Developer shall timely complete all required mitigation and other improvements as may be applicable. SECTION 3: LAND USES AND SPECIFIC CONDITIONS 1. A total of up to 25 residential dwelling units (d.u) may be permitted on the site, not to exceed a base density of 25 dwelling units/acre. 2. The total square footage of the commercial uses (the market, cider shack and food trailers) shall not exceed 8,000 square feet, as shown on the Concept Plan. 3. The project shall be constructed in a manner that closely resembles the architectual style and elevations as presented in Exhibit B — Elevations, and shall meet the City of Clermont's Architectural Standards. 4. Maximum building height shall be up to 55 feet, measured at the highest point. 5. The project may have elevation changes of up to 12 feet maximum cut on less than 1% of the project site, as shown on in the red hatched area on the Concept Plan. 6. Individual retaining wall height up to 15 feet in height is permitted to deal with grade changes and for the construction of the first floor parking garage area. 7. The internal on -site parking spaces may be developed at 9 feet wide and 20 feet deep. 8. The developer will be required to construct 23 parking spaces off -site that meet the Land Development Code in the areas as shown on the Concept Plan along Victory Way and Minneola Avenue. This will be coordinated with the City and will be required to be installed prior to receiving final certificate of occupancy for the project. These spaces will be offered to the public and will not be reserved for project. 9. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. Page 13 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 844 PAGE 4 of 9 C� CLER�' NT CITY OF CLERMONT ORDINANCE NO.2021-003 10. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 11. Any market operating on the site shall be continuously operated by one single operator. 12. This Planned Unit Development shall become null and void if substantial construction work has not begun within five (5) years of the date that this Planned Unit Development is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. If the Planned Unit Development becomes null and void, the property will revert to the CBD Central Business District Zoning Designation. SECTION 4: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 5: 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 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Sections of this Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 8: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. Page 14 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 845 PAGE 5 of 9 C� CLE�M�4NT CITY OF CLERMONT ORDINANCE NO.2021-003 Location Map: Q ESL' OSubject Property W MINNEOLA AVE w a W Page 15 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 846 PAGE 6 of 9 CITY OF CLERMONT ORDINANCE NO.2021-003 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 9th day of February, 2021. V"i 1. .t Tracy Ackroyd Howe, MMC, City Clerk Approved as to form and legality: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, Mayor A Page 16 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 847 PAGE 7 of 9 (9f CLEMONT Exhibit A — Concept Plan W (a7 J J � Q �u'_Q"� dZ_Z O NN NN� Q� t5 N N N 0 W N N N W �pgg N idcc rd W &d W CITY OF CLERMONT ORDINANCE NO.2021-003 No W 143ONM JB)W n 3H1 aNd 3DYTM AN01M IV S30N3aIS-1 3HL Ip fitS7 t e 4� i iiEE�t 1qg p:p k 3 '3 - 1 3 lli !t t�tllfill - 111€�1111 1 1 F,7;! tltt�tl�f lllitfill e IS, 0:: 0 „ w aco 7Z4 Y fill lJ�J } ° � f se.1 iyLt L c�pp�'?QYLY=�lLY�F a8��lffir 1 iT §��tt}�R?O. tt�`tf r 2l�e�:ei.'t�Y�°ps } tlEY-ttl.; �P& "M a� � E{•Y"��YSeS�e� ■� dyyy�a�i ��s}t��il `� � 1{Y}04ii i�§t} s. f tt F s r g� a, t IMAM. ld l Page 17 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 848 PAGE 8 of 9 CLANT Exhibit B — Elevations CITY OF CLERMONT ORDINANCE NO.2021-003 Page 18 of 9 INSTRUMENT# 2021140085 OR BOOK 5812/PAGE 849 PAGE 9 of 9 (, CLEM%NT CITY OF CLERMONT ORDINANCE NO.2021-003 Exhibit B — Elevations — Continued Page 19 of 9