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Ordinance No. 2023-021INSTRUMENT#: 2023084023 GARY J. COONEY, CLERK OF REC FEES: $61.00 OR BK 6175 PG 958 PAGES: 7 7/13/2023 9:57:42 AM THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA )-W Cam- wh. CITY OF CLERMONT ORDINANCE NO.2023-021 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 l: 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 (the "Property"): LEGAL DESCRIPTION LOTS 1 THROUGH 3, BLOCK 96, CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 17, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. LOCATION 915 West Montrose Street Improved property located at the southwest comer of West Montrose Street and West Avenue (Alternate Key 1615283) 0.515 +/- acres W MONTROSE ST w Q H w 3 INSTRUMENT# 2023084023 OR BOOK 6175/PAGE 959 PAGE 2 of 7 CITY OF CLERMONT ORDINANCE NO.2023-021 PROPERTY REZONING FROM: Central Business District (CBD) TO: Planned Unit Development (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) to allow up to eight (8) small cabana style -housing units along with the use of the historic two-story home to be used for short term rentals 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 the Conceptual Site Plan prepared by Highland Engineering, Inc., identified as Attachment A with a date of 3-3-23. Formal construction plans incorporating all conditions stated in this permit must be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. The Conceptual Site Plan does not grant any development entitlements or uses. The project conceptual site plan is not an approved site plan and only used for conceptual purposes. 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. This application is for a Planned Unit Development (PUD) to allow up to eight (8) small cabana style -housing units along with the use of the historic two-story home to be used for short term rentals. For purposes herein and for the approval hereunder, short term rental shall be a period not to exceed sixty (60) continuous days. 2. The cabana units shall be a minimum of 400 square feet and a maximum of 550 square feet and shall be similar in appearance to the elevations provided in Attachment B. 3. A minimum of eleven (11) parallel parking spaces and one (1) ADA Handicap space shall be installed on -site. The parallel parking spaces onsite shall be a minimum of 8 feet wide by 22 feet long with a minimum of a sixteen (16) foot wide one way drive isle. 4. The southern landscape buffer shall consist of a single row of shrubs within a one foot buffer and will consist of a 6 foot vinyl privacy fence. INSTRUMENT# 2023084023 OR BOOK 6175/PAGE 960 PAGE 3 of 7 CITY OF CLERMONT , x ::;. ORDINANCE NO.2023-021 5. The western landscape buffer shall consist of a single row of shrubs and understory trees within the 5 foot buffer and will consist of a 6 foot vinyl privacy fence. 6. The applicant will be required to submit to the City's Public Services Department a solid waste collection plan. The plan shall be review as part of the site review process. The project may participate in the City's solid waste collection service, if approved by the Public Service Department Director, or designee. Any onsite refuse receptacles or containers shall be required to be properly screened from the public view. In the event the applicant is unable to use the City's collection service, then a private provider will be required for solid waste collection. 7. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. The site may be used for any other permitted uses in the Central Business District (CBD) zoning district. 8. 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 for the installation of the cabana units. "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. 9. The applicant will be required to purchase and install a bronze or brass plaque identifying the structure/site as a historical place. The wording, size and appearance of the plaque shall be coordinated with the City's historical society and approved by the City Manager or designee. The plaque shall be installed by July 1, 2025. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance 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 designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. INSTRUMENT# 2023084023 OR BOOK 6175/PAGE 961 PAGE 4 of 7 CITY OF CLERMONT CUEI.! I r ORDINANCE NO.2023-021 SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. 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. INSTRUMENT# 2023084023 OR BOOK 6175/PAGE 962 PAGE 5 of 7 A7. �'7 - --. W�, CITY OF CLERMONT ORDINANCE NO.2023-021 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27th day of June 2023. Tracy Ackroyd Howe, MMC City Clerk Approved as to fom and legality: Dame antzar , omey CITY OF CLERMONT Tim Murry,' yor INSTRUMENT# 2023084023 OR BOOK 6175/PAGE 963 PAGE 6 of 7 CLERMOW CITY OF CLERMONT ORDINANCE NO.2023-021 Attachment A: PUD Conceptual Plan MoNFF4W 81f'EE7 fCADWA (5W 14'x36 7=7 INSTRUMENT# 2023084023 PAGE 7 of 7 OR BOOK 6175/PAGE 964 CLER040-Nt �a� CITY OF CLERMONT ORDINANCE NO.2023-021 Attachment B: Sample Elevations JWw ''�,, wa 6 CLER'" IONT CITY OF CLERMONT � ORDINANCE NO.2023-021 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 (the "Property"): LEGAL DESCRIPTION LOTS 1 THROUGH 3, BLOCK 96, CLERMONT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 17, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. LOCATION 915 West Montrose Street Improved property located at the southwest corner of West Montrose Street and West Avenue (Alternate Key 1615283) 0.515 +/- acres W MONTROSE ST CLER'" MONT CITY OF CLERMONT � f ORDINANCE NO.2023-021 PROPERTY REZONING FROM: Central Business District (CBD) TO: Planned Unit Development (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development (PUD) to allow up to eight (8) small cabana style -housing units along with the use of the historic two-story home to be used for short term rentals and CBD Central Business District 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. 2. The property shall be developed in substantial accordance with the Conceptual Site Plan prepared by Highland Engineering, Inc., identified as Attachment A with a date of 3-3-23. Formal construction plans incorporating all conditions stated in this permit must be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. The Conceptual Site Plan does not grant any development entitlements or uses. The project conceptual site plan is not an approved site plan and only used for conceptual purposes. 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. This application is for a Planned Unit Development (PUD) to allow up to eight (8) small cabana style -housing units along with the use of the historic two-story home to be used for short term rentals. For purposes herein and for the approval hereunder, short term rental shall be a period not to exceed sixty (60) continuous days. 2. The cabana units shall be a minimum of 400 square feet and a maximum of 550 square feet and shall be similar in appearance to the elevations provided in Attachment B. 3. A minimum of eleven (11) parallel parking spaces and one (1) ADA Handicap space shall be installed on -site. The parallel parking spaces onsite shall be a minimum of 8 feet wide by 22 feet long with a minimum of a sixteen (16) foot wide one way drive isle. 4. The southern landscape buffer shall consist of a single row of shrubs within a one foot buffer and will consist of a 6 foot vinyl privacy fence. d, CLERWONT CITY OF CLERMONT — ORDINANCE NO.2023-021 5. The western landscape buffer shall consist of a single row of shrubs and understory trees within the 5 foot buffer and will consist of a 6 foot vinyl privacy fence. 6. The applicant will be required to submit to the City's Public Services Department a solid waste collection plan. The plan shall be review as part of the site review process. The project may participate in the City's solid waste collection service, if approved by the Public Service Department Director, or designee. Any onsite refuse receptacles or containers shall be required to be properly screened from the public view. In the event the applicant is unable to use the City's collection service, then a private provider will be required for solid waste collection. 7. The project shall be developed according to the Central Business District (CBD) zoning designation in the Land Development Code, unless expressly stated above. The site may be used for any other permitted uses in the Central Business District (CBD) zoning district. 8. 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 for the installation of the cabana units. "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. 9. The applicant will be required to purchase and install a bronze or brass plaque identifying the structure/site as a historical place. The wording, size and appearance of the plaque shall be coordinated with the City's historical society and approved by the City Manager or designee. The plaque shall be installed by July 1, 2025. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance 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 convection 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. d� CITY OF CLERMONT OdaLER ORDINANCE NO.2023-021 SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. 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. d' CLERMONT CITY OF CLERMONT ORDINANCE NO.2023-021 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 27th day of June 2023. CITY OF CLERMONT Tim Z rry, JKQ�4---' Tracy Ackroyd Howe, MMC City Clerk Approved as tern and legality: CA,t� CITY OF CLERMONT ORDINANCE NO.2023-021 Attachment A: PUD Conceptual Plan r ary %.W tlM - v \ [� CABANA rl I (504 SF.) I j` 14'x36' CABANA row F*wT°aw (504 SF.) [ ] 14'x36' CABANA TWO STORY CA (CA NA TWO 13UILDING (2.400 SF.) 14'x36' r �I CABANA (504 SF.) eEl n. .,.�• Q Jd 14'x36' m d (504 SF.) 50A SF it a �j a 14'x36' 4b �O r,:bi O F' 111 x I C00" U cryaarv� W 8 I _ I I� n.awenwa " 8RE �AN Ke1f NO717(:4 am . waw t� � Naar ma � I ..r .,a p ws.w ... •ww:.r i l OPl�' 6 CLERMONT CITY OF CLERMONT ORDINANCE NO.2023-021 Attachment B: Sample Elevations