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Ordinance No. 2022-013CGENT CITY OF CLERMONT �"1 ORDINANCE NO.2022-013 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 PARCELI: THE NORTH 324.2 FEET OF THE WEST 268.72 FEET OF TRACT 5, IN SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT OF LAKE HIGHLANDS COMPANY RECORDED IN PLAT BOOK 3, PAGE 30, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND PARCEL 2: THE NORTH 50 FEET OF THE WEST 268.72 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE WEST '/2 OF TRACT 5, IN SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT OF LAKE HIGHLANDS COMPANY, RECORDED IN PLAT BOOK 3, PAGE 30, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 324.2 FEET OF THE WEST 268.72 FEET THEREOF. LOCATION Site located south of the Hatteras Ave. and Citrus Tower Blvd. intersection, Currently used as New Beginnings Thrift Store. Alternate Key #3801361 2.30 +/- Acres CLAW CITY OF CLERMONT 1 ORDINANCE NO.2022-013 a „wotOWD ____ Citrus Td�r Blvd J` REQUESTED ACTION: To rezone the property from M-1 Industrial zoning to Planned Unit Development (PUD) zoning to allow residential and commercial uses SECTION 2. GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a 6-unit multi -family residential Planned Unit Development along 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 New Beginnings Concept Plan prepared by Highland Engineering, Inc., dated 04-25-2022. 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. R L%*W CITY OF CLERMONT C1 ORDINANCE NO.2022-013 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. The PUD Concept Plan shows an existing 11,470 square foot building fronting on Citrus Tower Boulevard that will be permitted for C-2 General Commercial Use, including office and retail sales. To the rear of this building, one additional building consisting of 6 housing units may be constructed. Each unit shall be a minimum of 600 square feet living space. 2. Setbacks for the existing commercial building From Citrus Tower 25 feet from the property line East property line: 3 feet from the property line West property line: 12 feet from the property line South property: 25 feet from the property line 3. Setbacks for the multi -family building From Citrus Tower 25 feet from the property line East property line: 12 feet from the property line West property line: 12 feet from the property line South property: 25 feet from the property line 4. In the spirit of providing affordable temporary housing, each housing unit shall not exceed the rental rate of 60% of the Area Median Income (AMI). This is to be determined on a yearly basis by the Area Median Income (AMI) for the City of Clermont, as defined each year by the U.S. Department of Housing and Urban Development (HUD) for the Orlando - Kissimmee -Sanford, FL MSA. This shall be for a minimum of 30 years. 5. One family unit shall only be allowed per rental unit. Bedrooms shall not be individually rented. 6. The multi -family building shall be constructed in a manner that shall meet the City of Clermont's Architectural Standards and as represented in the provided elevations. 7. The City of Clermont Fire Marshall shall determine the feasibility and design of the access point and the necessary means of ingress/egress to the residential development at the time of site plan review and approval. The multi -family building will be required to be sprinkled, as required by the applicable Fire Code. LAW CITY OF CLERMONT C --C--I " ORDINANCE NO.2022-013 8. The applicant is requesting the ability to use two (2) 8 feet by 40 feet outside storage containers behind the commercial building for product used in the retail sales operation. The container placement and use must be in accordance with applicable Fire Code and those of other appropriate jurisdictional entities. If the containers become unsightly, house and produce rodents or vermin, or any other health, safety and welfare issue is observed and verified, the containers shall be removed. 9. The applicant is requesting the placement and use of a 1,600 square feet metal building on a permanent basis located behind the 11,470 square foot building for the receiving and sorting of thrift store items. The metal building use must be in accordance with applicable Fire Code and those of other appropriate jurisdictional entities. If the canopy become unsightly, house and produce rodents or vermin, or any other health, safety and welfare issue is observed and verified, the canopy shall be removed. 10. The applicant is requesting the placement and use of a 16 feet by 20 feet shed on a permanent basis located adjacent to the 11,470 square foot building. The shed use must be in accordance with applicable Fire Code and those of other appropriate jurisdictional entities. If the canopy become unsightly, house and produce rodents or vermin, or any other health, safety and welfare issue is observed and verified, the tent shall be removed. 11. 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 and the proposed 6 multi -family units will be null and void. 12. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. 13. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated above. SECTION 4: WAIVERS 1. The applicant is requesting a waiver to eliminate the perimeter landscape buffer requirement along the property lines. A landscape buffer along Citrus Tower Boulevard right-of-way will be installed. SECTION 5: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. R CITY OF CLERMONT C�1 ORDINANCE NO.2022-013 SECTION 6: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 7: 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 designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 8: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 9: 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. (9 CITY OF CLERMONT C�1 ORDINANCE NO.2022-013 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 26th day of April, 2022. -A L ATTEST-: Tracy Ackroyd Howe, MMC City Clerk APPRO TOTORM AND LEGALITY: Daniel F. Mantzaris, City Attorney CITY OF CLERMONT Tim Murry, ayor CITY OF CLERMONT ORDINANCE NO.2022-013 EXHIBIT A Conceptual Plan: BOLLEVARD CITFL18 TOWER EXHIBIT B Elevations: