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Ordinance No. 2021-015.1Gam CITY OF CLERMONT ORDINANCE NO.2021-015 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, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, on February 23, 2021, by a vote of 4-1, the City Council denied Ordinance 2021- 010, rejecting a petition to rezone the property described below to Planned Unit Development; WHEREAS, the applicant availed itself of its rights pursuant to Section 70.51, Florida Statutes, requesting relief from the denial of Ordinance 2021-010; WHEREAS, in accordance with and as required by Section 70.51, City staff and the applicant mediated the matter on April 30, 2021, before an agreed -upon Special Magistrate; and WHEREAS, as part of the above -referenced mediation, City staff agreed to recommend City Council consider a revised version of Ordinance 2021-010 to include additional conditions, which was presented to the Council as this Ordinance 2021-015; WHEREAS, on June 8, 2021 the City Council denied Ordinance 2021-015; WHEREAS, in accordance with Section 70.51, Florida Statutes, on July 28, 2021, the Special Magistrate conducted an administrative hearing and received testimony and evidence presented by the applicant in support of the Request for Relief and by the City in opposition thereto. Additionally, the Special Magistrate received testimony from an interested member of the general public; and WHEREAS, based on the testimony and evidence presented at the July 28, 2021 administrative hearing, the Special Magistrate's issued a recommended order dated August 5, 2021 recommending that the City Council approve Ordinance 2021-015. NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida does hereby accept the August 5, 2021 Special Magistrate's Recommendation on the Skorman Multi - Family PUD and 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 THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: Page 11 of 9 CITY OF CLERMONT ORDINANCE NO.2021-015 COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE NORTHERLY LINE OF GREATER PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE 80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR 1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE NORTH 89°49'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF HOOKS STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89048'50" EAST ALONG SAID NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830-833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: SOUTH 22"56'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05050'49" FOR 209.57 FEET; THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE BEARS SOUTH 76058'15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 03014'30" FOR 92.23 FEET; THENCE DEPARTING SAID WESTERLY LINE, SOUTH 89049'40" WEST FOR 756.48 FEET TO THE WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT; THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43 FOR 370.92 FEET TO THE POINT OF BEGINNING. CONTAINING 17.03 ACRES OF LAND, MORE OR LESS. LOCATION Vacant property southwest of Excalibur Road and Hooks Street Intersection Alt. Key 1103908, 3801505, 3815507 From: Urban Estate Low Density To: Planned Unit Development for a 204-unit apartment complex SECTION 2: GENERAL CONDITIONS This application is for a Planned Unit Development to allow for a multi -family residential Planned Unit Development; be granted subject to the following conditions: The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. Page 12 of 9 CITY OF CLERMONT �� ORDINANCE NO.2021-015 2. The property shall be developed in substantial accordance with the PUD Plan, prepared by HALFF dated October 2020, Skorman Apartments. 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. 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'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. SECTION 3: LAND USES AND SPECIFIC CONDITIONS 1. A total of up to 204 multi -family dwelling units (d.u) may be permitted on the site, not to exceed a base density of 12 dwelling units/acre. 2. Building setbacks shall be 25 feet from the property lines. 3. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet maximum fill up to 10% of the project site, as shown on the cut and fill exhibit — Grading Plan Variance prepared by HALFF, dated October 2020. These elevation changes will be submitted to the City Engineer at the time of final engineering. 5. Individual retaining wall height up to 6 feet in height are permitted to deal with grade changes on the perimeter of the project and in the stormwater pond. A minimum 5-foot transition shall be required between the walls with landscaping incorporated within the terracing of the exterior perimeter wall sections. 6. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 7. The project will be gated and the internal streets will be privately owned and maintained by the HOA, owner, or developer. 8. The buildings shall be constructed in a manner that closely resembles the architectural style and elevations as presented at the end of this ordinance and shall meet the City of Clermont's Page 13 of 9 CLE MW CITY OF CLERMONT 7 ORDINANCE NO.2021-015 Architectural Standards. 9. If required by Lake County or Florida Department of Transportation, the developer shall be responsible to coordinate the modification of the existing traffic signals and turn lane improvements to accommodate safe and efficient traffic flow resulting from the project as identified in the Transportation Impact Analysis prepared on September, 2020 by Kimley- Horn, and as supplemented by that Response to Comments Letter dated October 13, 2020, by Kimley-Horn. 10. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The final access points shall be determined during the final site plan and final engineering review and may change from the conceptual plan. The primary full access entrance to the Project shall be off Hooks Street with the dominant project signage at the Hooks Street Project entrance. Project signage, subordinate in size to the Hooks Street signage, may be installed, per City code, at the secondary project entrance off of Excalibur Road. 11. In consideration of the traffic during the AM and PM school drop off and pick up hours, the Developer/Owner shall close and prohibit access to Excalibur Road from 6:30 to 9 AM and 1 to 5 PM EST during the schools' academic calendar days for East Ridge Middle School and East Ridge High School. 12. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 13. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of Occupancy. 14. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. 15. 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 UE Urban Estate Zoning Designation. 16. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 17. All leases for units in the project shall be for a minimum of one year and all tenants shall sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any apartment, all proposed tenants shall undergo criminal background checks. Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons that appear in a criminal background check: a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque) Page 14 of 9 CITY OF CLERMONT ORDINANCE NO.2021-015 b. Federal, Felony, & Sex Offender will Fail for all years C. Misdemeanor Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. d. Unclassified Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. (All unclassified crimes from the Department of Corrections will fail) 18. A six (6) foot decorative fence will be installed, per applicable City code, along all property lines of the project, as depicted on Sheet Number LS-01, dated May 2021, and prepared by HALFF. 19. In addition to all other landscaping required by City code, an additional visual buffer is required as set forth in the landscaping plan, Sheet Number LS-01, dated May 2021, and prepared by HALFF; providing vegetative buffering on the interior of the fencing facing toward the Project, and along the project property lines abutting the shared East Ridge Middle School property lines. 20. The property management office shall prominently display a notification sign informing potential tenants of the sounds resulting from activities by the adjacent schools, such as but not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign shall be a minimum of 11inches x17 inches. In addition, as part of the rental contract, similar wording shall also be included that the applicant acknowledges. 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 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 de- signee, 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. Page 15 of 9 CITY OF CLERMONT ;- ORDINANCE NO.2021-015 SECTION 8: PUBLICATION AND AN 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 16 of 9 r CITY OF CLERMONT �d ORDINANCE N0.2021-015 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 14th day of September, 2021. CITY OF CLERMONT Tim Murry,Mayor Tracy Ackroyd Howe, MMC City Clerk Approved as to form and legality: r i Dani an zaris, City Attorney Page 17 of 11 CLE rvry I Location map: CITY OF CLE"01VT ORDINANCE NO.2021-015 EXHIBIT A HOOK39T �LrB S �R�CIR 0 z cc a East Ridge High School East Ridge j Middle School m 0 J V� SIEVES RD EXCALIBUR RD g0 �I,AKE DR a LONG PINE TRL gG� 9 0 +Oy PINp(N GµF� IsAe BCC »M.�r wrzn�ux e Pap 18of11 Conceptual Site Plan: sFCTx-,Hra CITY OF CLERMONT ORDINANCE NO.2021-015 EXHIBIT C 1 i �+ew`w�uwrr 1011 ti tab a SfTE � iosllaMe as Page 110 of 11 dOsarp:.w Short Term Rental Addendum: CITY OF CLERMONT ORDINANCE NO.2021-015 EXHIBIT D ADDENDUM PROHHHTING N (w�/w� SHORT-TERM SUBLETTING OR RENTAL . L DWELLING UNIT DESCRIPTION. Unit Nc W eetaddress)in (dtyJ. Florida, trip cade). 2. LEASE CONTRAST DESCRIPTION. Lease Contract Date: Owasr's name: Residents Lutall residents): This Addendum constitutes an Addendum to the above described Lease Contact for the above described premises, and is hereby incorporated Into and made a part of such Lease Contrail When the terms or conditions found in this Addendum vary or contradict any terms or conditions found In the Lease Contract this Addendum shall control. 3. SHORT TERM SUBLEASE OR RENTING PROHIBITED. Without limiting the prohlbldon in the Lease on subletting, assignment and licensing, and without limiting any of our runts or remedies, this Addendum to the Lease further supplements and deflnes the requirements and prohibitions condalned in the Lease Contract betweenyou and us. You ate hereby strictly prohibited from subletting, licensing, or nndmg £s any third party, or a kniving occupancy by any third party, ofall or any portion of the dwelling. whether for an overnight use or duration of my lmgth, without our prior written consent in each Instance. This prohibition applies to overnight staye or any other stays arranged on Afrbnb.com, VRBO, Crafgsliet CouchsurMg, HomeAway, VacatiouRentai, TrlpAdyiwr, FlIpRey or any other advertising, websits, Internet. Brtlng service, or other similar Internet sites. 4 PROHIBITION ON LISTING ORADVERTISING DWELLING ON OVERNIGHT SUBLETTING OR RENTING WEHSITE& You agree not to Est or advertise the dwelling as being available for short term subletting or rental or occupancy by others of AhImb,com VRBO, Craig" Coucbsmiing, Hommway, VacatfonRvntal. TrlpAdvisur, Inipgey or any other advertising, website. Internet listing service, or similar Internet wvinites. :'ou agree that 11sting or advardafngtbe dwelling on Ahlmb mm. VRBO, Craigsllst Couchshrfing, HomeAway, Vaadonitential, TrlpAdvbor, FTIpXoy or any other advertising. website, Internet, listing emits, or similar internet websites shall be a violation of this Addendum and a breach of ye:s Lease r=h act Resident or Residents (Alirssfdenfr mustslyn) S. VIOLATION OF LEASE AGREEMENT. Your Lease Contract allows for use of your dwelling as a private residence only and strictly prohibits conducting any kind of business in from or f rvolvLg your dwelling unless expressly permitted by law. Separately, your Lease Contract prehlblis subletting or occupancy by others ofthe dwelling for anyperiod oftime without our prior written consent. Permitting your dwelling to be used for any subletting or rental or occupancy by others (iffiindtngg,. without llm)tadoa for a short term), regardless of the valnce of conafderatian receWed or Uco consferation is received, is a violation and breach of this Addendum and your Lease Contract 6. REMEDY FOR VIOLATION. Any violation of this Addendum constitutes a material violation of the Lem Contract and as such we may eserdse any default remedles permitted In the Lease Contract, Including termination of your tenancy, in accordance with local law. This clause shall not be Interpreted to restrict our rights to terminate your tenan y for a" lawful reasom or by any lawful method. 7. RESIDENT LIABILITY. You are responsible for and shall be held liable for any and all tosses, damages, and/or fines that we incur as a result of your violations of the terms of ifs Addendum or the Lease Coutract Further, you agree you are responsible for and shag be held liable for any and all actions of anyperson(s) who occupy your dwelling In violation of the terms of this Addendum or the Lease Contract. Including, but not limited to, property damage, personal injury, disturbance of other residents. and violence or attempted violence to another person. In accordance with applicable law, without limiting your liability you agree we shall lave the sight to culled against any renters or liability insurance policy maintained by you for any losses or damages that we incur as the result of any violation of the terms of this Addendum B. SEVERABUM.. If any provision of this Addendum or the Lena Contract is invalid or unenforceable under applicable law, such provision shall be Ineffective to the extent of such Imatidity or uneaforceabllty only without invalidating or otherwise affecting the remainder of this Addendum or the Lease Contract. The court shag interpret the lease and provisions herein Ina mner such as to uphold the valid portions of t his Addendanum while pnaenving the intent of the Parties, 9. SPECIAL PROVISIONS. The following special provisions control over conflicting provisions of this primed form: Owner or O•.vnev's Reprssettatrve (v,gnsbeiow, Date of SigningAddendam It 2,20, nnroiuh Apa,®en.trea u.rx-r/a020, Fl.W 14 Page 111 of 11