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O-511-MCITY OF CLERMONT • ORDINANCE • No. 511- M AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART II, FLORIDA STATUTES BY ADOPTING A TEXT CHANGE TO ALLOWABALE USES IN UNDEVELOPED DISTRICT 7 AND A CORRESPONDING FUTURE LAND USE MAP CHANGE; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE COMPREHENSIVE PLAN AMENDMENTS; SETTING FORTH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AMENDMENTS; ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; AND PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan of the City of Clermont was adopted by the City of Clermont on August 13, 1991, in accordance with the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes; and • WHEREAS, the City would like to amend the text and Future Land Use Map of its comprehensive plan as provided for in Florida Statutes s. 163.3187; and WHEREAS, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing Nov. 2, 2004 and made recommendations to the City Council for amendments to the plan; and WHEREAS, the City Council of the City of Clermont held a public hearing Nov. 23, 2004 on the proposed amendment to the plan in light of written comments, proposals and objections from the general public; NOW THEREFORE, be it resolved and enacted by the City of Clermont, Florida that: Section 1. After public hearings held by the City of Clermont Local Planning Agency and the Clermont City Council, Appendix C, Land Use Criteria, Future Land Use Element of the Comprehensive Plan of the City of Clermont is hereby amended by amending the • following language: • CITY OF CLERMONT ORDINANCE No. 511- M Page 2 UNDEVELOPED DISTRICT 7 UD-7 Allowable Land Uses: 1) Single family detached residences. 2) Duplex and townhouses. 3) Multifamily attached residences. 4) Tourist accommodations excluding timeshare operations. 5) The Kings Ridge DRI will develop in accordance with Mixed-Use Classification I criteria. 6) Property within Kings Ridge and Legends developments shall be allowed professional office and commercial uses consistent with the commercial node uses approved within the Kings Ridge DRI. 7) Property in Section 5 Township 23 South Range 26 East and located west of U.S. 27 and north of the section line shall be allowed commercial and professional office as a Planned Unit Develo~rnent (PUD . Propert~in Section 5, Township 23 South Range 26 East and located east of U.S. 27 shall be allowed restaurant and/or professional office. Intensity at this site will be capped at 479.000 square feet of commercial and/or office. 8) Directly related land uses such as parks, utilities, streets, schools, churches, and other such activities whose primary purpose is to serve the residents of this area. 9) Properties along U.S. 27 and collector roads shall be required to provide landscaping in addition to minimum requirements as part of a roadway beautification plan. For Planned Units Developments, landscaping requirements will be established during the PUD process. Density: • 10) The density shall be 4 dwelling units per acre over all residential land uses. CITY OF CLERMONT • ORDINANCE No. 511- M Page 3 Section 2. The Future Land Use Map of the City of Clermont, adopted by the City of Clermont August 13, 1991, pursuant to the Local Government Planning and Land Development Regulations Act of 1985, Chapter 163, Part II, Florida Statutes, after public hearings by the City of Clermont Local Planning Agency and the Clermont City Council, is hereby amended by changing the following described property as shown: LEGAL DESCRIPTION The Northeast 1/a of Section 5, Township 23 South, Range 26 East, Lake County, Florida, less the right of way for U.S. Highway No. 27; and less the Southeast 1/a of the Northeast 1/a of Section 5, Township 23 South, Range 26 East, lying easterly of the right of way for U.S. Highway No. 27; and less the proposed right of way for the "South Clermont Connector"; and less begin at the Northwest corner of the Northeast 1/4 of Section 5, Township 23 South, Range 26 East, Lake County Florida, thence run South 89° 54' 45" East along the north line of said Northeast'/4 for a distance of 607.69 feet to the west • right of way line of U.S. Highway No. 27; thence run South 19° 49' 29" East along said west right of way line for a distance of 121.61 feet; thence run South 25° 09' 25" East along said west right of way line of a distance of 400.00 feet; thence run South 28° 04' 16" East along said west right of way line for a distance of 38.39 feet; thence leaving said west right of way line run South 61° 55' 44" West for a distance of 949.11 feet to the west line of the aforesaid Northeast i/a; thence run North 00° O1' 31" East along said west line of the Northeast 1/a for a distance of 957.89 feet to the point of beginning. CHANGE IN FUTURE LAND USE CLASSIFICATION FROM UD-7 RESIDENTIAL TO UD-7 COMMERCIAL Section 3. 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. • CITY OF CLERMONT ORDINANCE No. 511- M Page 4 • ~~~.: s`Y~ "~ q ~~ ±t Section 4. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First reading this 28th day of June 2005. Second reading this 12`h day of July 2005. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 12~' DAY OF JULY 2005. ,, .~..., Harold 5. Turville, Jr., Mayor ATTEST:' ~ , c ~.>.~ ~,.% ; %` `Tracy Ackroyd, City Clerk r, •