Ordinance No. 2021-025FAILED
CITY OF CLERMONT
CA
� ORDINANCE NO.2021-025
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.
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
PARCEL 1 (FEE SIMPLE ESTATE)
That part of Section 28, Township 22 South, Range 26 East, Lake County, Florida, described as follows: Com-
mence at the east 1/4 corner of said Section 28; thence run north 00°42'51" east along the east line of the northeast
1/4 of said Section 28 for a distance of 664.12 feet to the northeast corner of the south 1/4 of the northeast 1/4 of
said Section 28; thence run south 89'24'16" west along the north line of said south 1/4 for a distance of 1335.19
feet to a point on a non -tangent curve concave westerly having a radius of 270.00 feet and a chord bearing of
south 01°23'58" west and the Point of Beginning; thence run southerly along the arc of said curve through a
central angle of 23°36'59" for a distance of 111.29 feet to the point of compound curvature of a curve concave
northwesterly having a radius of 25.00 feet and a chord bearing of south 63°07'26" west; thence run southwesterly
along the arc of said curve through a central angle of 99°49'56" for a distance of 43.56 feet to the point of reverse
curvature of a curve concave southerly having a radius of 1750.00 feet and a chord bearing of north 87°56'35"
west and the north right of way line of Hook Street, as described in ORB 2010, Page 316, of the Public Records
of Lake County, Florida; thence run westerly along said north right of way line and the arc of said curve through
a central angle of 41°57'58" for a distance of 1281.78 feet to a non -radial line and the east right of way line of an
unnamed right of way, according to the plat of Lake Highlands Company, as recorded in PB 2, Page 28, of said
Public Records; thence run north 00°10'52" east along said east right of way line for a distance of 718.43 feet to
the south right of way line of Highway 50; thence run north 89°24'19" east along said south right of way line for
a distance of 1127.57 feet; thence run south 89°29'29" east along said south right of way line for a distance of
150.11 (120.11) feet to the west line of the east 60 feet of Tract 19, of said Lake Highlands Company; thence run
south 00°26'52" west along said west line for a distance of 445.90 feet to the point of curvature of a curve concave
easterly having a radius of 280.00 feet; thence run southerly along the arc of said curve through a central angle of
15°45'47" for a distance of 77.03 feet to the point of tangency; thence run south 15'18'56" east for a distance of
105.46 feet to the point of curvature of a curve concave westerly having a radius of 270.00 feet and a chord
bearing of south 12°51'43" east; thence run southerly along the are of said curve through a central angle of
04°54'24" for a distance of 23.12 feet to the Point of Beginning.
LESS AND EXCEPT therefrom that parcel conveyed by Maynard K. Knapp, individually and as Trustee to
Akram Ismail, M.D., by Special Warranty Deed recorded April 17, 2015, in ORB 4613, Page 945, described as
follows: A portion of the southwest 1/4 of the northeast 1/4 of Section 28, Township 22 South, Range 26 East,
Page I 1 of 12
R CITY OF CLERMONT
CLE�� ORDINANCE NO.2021-025
Lake County, Florida, described as follows: Commence at the northeast corner of said Section 28; thence
SO 1 °07'06"W along the east line of said northeast 1/4, a distance of 1372.13 feet to a point; thence N89°06'23 "W,
a distance of 1322.25 to a point on the south right-of-way line of Highway 50. (Right-of-way varies per right-of-
way map Section 11070); thence continue N89°06'23"W, a distance of 60.00 feet to the Point of Beginning;
thence S00°51'39"W, along the west right-of-way line of Miss Florida Avenue (ORB 2345, Page 748), also being
parallel to and 60.00 feet west of the east line of said southwest 1/4 of the northeast 1/4 of Section 28 and the east
line of Tract 19 of Lake Highlands Company, according to the plat thereof as recorded in PB 2, Page 28, of the
Public Records of Lake County, Florida, a distance of 369.94 feet to a point; thence N89°08'21 "W, a distance of
291.58 feet to a point; thence N00051'39"E, a distance of 230.29 feet to a point; thence S89°08'21 "E, a distance
of 64.35 feet to a point; thence N00°51'39"E, a distance of 139.00 feet to a point on the south line of an unnamed
unimproved street, also being the north line of said Tract 19; thence N89050'25"E, along the north line of said
Tract 19, a distance of 42.23 feet to a point on said south right-of-way line of Highway 50; thence S89°06'23"E,
along said south right-of-way line of Highway 50, a distance of 185.01 feet to the Point of Beginning.
Containing 744,665 Sq. Ft. of 17.100 Acres more or Less.
PARCEL 2 (EASEMENT ESTATE)
Together with that certain Non -Exclusive Ingress -Egress Easement granted by Akram Ismail to Maynard K.
Knapp, Trustee, to Reciprocal Easement Agreement recorded April 17, 2015, in ORB 4613, Page 948, Public
Records of Lake County, Florida.
PARCEL 3 (SOUTHERN PORTION)
Tract 29 and Tract 30, as shown on the Lake Highlands Company Plat of Section 28, Township 22 South, Range
26 East, recorded in PB 2, Page 28, of the Public Records of Lake County, Florida; Less that portion lying within
and north of the right of way for Hook Street.
SECOND SURVEY
That portion of the north/south roadway between Tracts 20, 21,28, and 29 as shown on the Lake Highland's
Company plat of Section 28, Township 22 South, Range 26 East, recorded in PB 2, Page 28, Public Records of
Lake County, Florida; lying northerly of Hook Street, and southerly of Highway 50, being more particularly
described as follow: Commence at the NE corner of Section 28, Township 22 South, Range 26 East, Lake County,
Florida, thence S 0° 17'37" W, a distance of 1372.13 feet; thence N 89°55'52" W, a distance of 1322.25 feet to a
point on the south right of way line of Highway 50 (a variable width public right of way); thence the following
four (4) courses and distances along said south right of way line, continue N 89°55'52" W, a distance of 60.00
feet; thence N 89°27'07" W, a distance of 184.98 feet; thence S 89°30'08" W, a distance of 42.24 feet; thence S
89024119" W, a distance of 1020.48 feet to the point of beginning: thence departing said south right of way, run
S 009 4'51 " W, along the west line of Tracts 20 and 29, a distance of 718.43 feet to a point on the northerly right
of way line of Hook Street (A 100 foot wide public right of way) said point also being on a non -tangent curve,
concave southeasterly, and having a radius of 1750.00 feet; thence southwesterly along the arc of said curve,
through a central angle of 01°02'34", a distance of 31.85 feet, said curve being subtended by a chord bearing and
distance of S 70°37'05" W, 31.85 feet; thence departing said north right of way line, run N 0°14'51" E, a distance
of 728.72 feet to a point on the aforementioned southerly right of way line of Highway 50; thence N 89°28'03"
E, along said north right of way line, a distance of 30.00 feet to the point of beginning.
Containing 0.50 acre, more or less
THIRD SURVEY
That portion of the north/south roadway between Tracts 28, and 29 as shown on the Lake Highland's Company
plat of Section 28, Township 22 South, Range 26 East, recorded in PB 2, Page 28, Public Records of Lake County,
Florida; lying northerly of Hook Street, and southerly of Highway 50, being more particularly described as follow:
Page 12of12
CLEROOkNT CITY OF CLERMONT
ORDINANCE NO.2021-025
commence at the NE corner of Section 28, Township 22 South, Range 26 East, Lake County, Florida; thence S
097'37" W, a distance of 1372.13 feet; thence N 89°55'52" W, a distance of 1322.25 feet to a point on the south
right of way line of Highway 50 (A variable width public right of way); thence the following four (4) courses and
distances along said south right of way line, continue N 89°55'52" W, a distance of 60.00 feet; thence N 89°27'07"
W, a distance of 184.98 feet; thence S 89°30'08" W, a distance of 42.24 feet; thence S 89°24'19" W, a distance
of 1020.48 feet; thence departing said south right of way, run S 00° 14'51 " W, along the west line of Tracts 20 and
29, a distance of 824.65 feet to a point on the southerly right of way line of Hooks Street (A 100 foot wide public
right of way); thence departing said southerly right of way line, run S 094'51" W, along the west line of said
Tract 29, a distance of 473.42 feet to the southwest corner of said Tract 29; thence S 89°28'17" W, a distance of
30.00 feet to the southeast corner of aforementioned Tract 28; thence N 0°14'51" E, along the east line of said
Tract 28, a distance of 462.39 feet to a point on the southerly right of way line of aforementioned Hook Street,
said point also being on a non -tangent curve, concave southeasterly, and having a radius of 1650.00 feet; thence
southwesterly along the arc of said curve, through a central angle of 01°06'54", a distance of 32.11 feet, to the
point of beginning, said curve being subtended by a chord bearing and distance of N 69°22'29" E, 32.11 feet.
Containing 0.32 acres, more or less.
FOURTH SURVEY
Tracts 21 and 28 as shown on the Lake Highland's Company plat of Section 28, Township 22 South, Range 26
East, recorded in PB 2, Page 28, Public Records of Lake County, Florida; less that portion of Tract 28, lying south
of Hook Street, (County District NO.2-1346). CONTAINING 30.66 Acres +/-
LOCATION
Site located west of the Miss Florida Avenue and Hooks Street intersection,
North and south of Hooks Street, directly north of the
East Ridge High School baseball field.
Alternate Key #3905347, 3334566, & 3927260
30.66 +/- Acres
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Page 13 of 12
CLER%N-r CITY OF CLERMONT
ORDINANCE NO.2021-025
REQUESTED ACTION:
To amend Ordinance No. 2017-24 to add multifamily projects to the
Planned Unit Development consisting of up to 292 units
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development to allow for a multi -family residential Planned
Unit Development along with C-2 General Commercial uses; 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 and this Ordinance shall repeal and
replace Ordinance 2017-14.
2. The property shall be developed in substantial accordance with the Site Plan prepared by
Highland Engineering, Inc., dated 01-12-2022. PUD Concept Plan. 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
The PUD Concept Plan, lots 1, 2, 3, and 4 fronting on Highway 50 will be permitted for
C-2 General Commercial Use. Lots 5 and 6 will be permitted for multi -family use, as
indicated on the PUD Concept Plan. A total of up to 220 units on Lot 5 shall be permitted.
A total of up to 72 units on Lot 6 shall be permitted. The project will have a maximum of
292 multi -family units.
2. Setbacks for Multi -family and Commercial
From Highway 50 50 feet from the property line
From Hooks Street: 50 feet from the property line
Side: 12 feet from the property line
Rear: 25 feet from the property line
Page 14 of 12
CITY OF CLERMONT
CLE ORDINANCE NO.2021-025
3. Driveway access and parking for the C-2 General Commercial portion may be below the
centerline of Highway 50 and will be subject to the approval of the City Engineer.
4. The project may have elevation changes of up to 28 feet maximum cut and 20 feet
maximum fill, as shown on the cut and fill plan on the PUD Concept Plan. These elevation
changes will be submitted to the City Engineer at the time of final engineering.
5. Individual retaining wall height up to 13 feet in height are allowed to deal with the extreme
grades on the site.
6. Parking space dimensions shall be allowed at a minimum 9 feet wide by 18 feet deep for
30 percent of parking requirements within Lots 5 and 6, Multi -family use
7. A reduced landscape buffer along Highway 50 is requested due to the presence of a large
berm which shall be maintained and enhanced. The landscape buffer shall be a minimum
of 10 feet in width and shall have the 30 percent more landscape required for C-2 General
Commercial uses.
8. All landscape buffers along the retaining walls on Hooks Street shall have an additional 30
percent more plant material, which includes trees and shrubs, to enhance the site.
9. 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, subject to City
Manager approval, or designated staff.
10. The buildings shall be constructed in a manner that shall meet the City of Clermont's
Architectural Standards and as represented in the provided elevations.
11. Cross -access easements with the adjoining eastern property owner from the existing Duke
Energy curb cut along Highway 50 shall be provided, if warranted.
12. Required landscape buffering within the Duke Energy easement may be omitted with
proper documentation from Duke Energy.
13. Shopping center signs shall be allowed to extend 15 feet above the adjacent D.O.T. berm.
(the D.O.T. berm varies in height depending on location.) These signs in no way shall be
pole signs and shall meet the sign code.
14. Maximum building height shall be up to 55 feet, measured at the highest point.
15. Deceleration lanes shall be provided eastbound and westbound at the entrances to the
residential developments on Lots 5 and 6. These lanes shall be outside of the through lanes
and this work shall be coordinated with Lake County.
16. If required by the City of Clermont, Lake County or Florida Department of Transportation,
as a result of the traffic impact analysis, the developer shall be responsible for any
proportionate fair share improvements or payments. The proportionate fair share
improvements or payments shall be completed prior to the first Certificate of Occupancy.
Page 15 of 12
CLER%'NT CITY OF CLERMONT
�� ORDINANCE NO.2021-025
17. 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.
18. The City of Clermont Fire Marshall shall determine the feasibility and design of a
secondary emergency access point to the Lot 6 multi -family development at the time of
final engineering.
19. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated above.
20. This Planned Unit Development shall become null and void if substantial construction
work has not begun within two (2) 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 C-2 General Commercial Zoning Designation.
21. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code.
22. 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 I Iinches x17 inches. In addition, as part of the rental contract,
similar language shall also be included that the tenant 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/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City Man-
ager or designee, without need of public hearing, by filing a corrected copy of same with the City
Clerk.
Page 16of12
CL CITY OF CLERMONT
ORDINANCE NO.2021-025
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: PUBLICATION & 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 17of12
CITY OF CLERMONT
C� ORDINANCE NO.2021-025
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 25th day of January, 2022.
ATTEST:
FAILED
Tracy Ackroyd Howe, MMC
City Clerk
ITY:
CITY OF CLERMONT
7; "-!
Tim Murry, ayor
Page 18 of 12
CLEAW
Z,
CITY OF CLERMONT
ORDINANCE NO. 2021-025
EXHIBIT A
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Page 19 of 12
CLE CITY OF CLERMONT
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Page 110 of 12
CLECITY OF CLERMONT
ORDINANCE NO.2021-025
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