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ew,.stamt ORDINANCE No. 2016-20
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AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
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CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL
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ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN
CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES;
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REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN
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BELOW; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND
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PUBLICATION.
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The City Council of the City of Clermont, Lake County, Florida hereby ordains that:
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SECTION I:
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:
• The East 3/4 of the South 1/2 of Section 27, Township 22 South, Range 26 East;
AND
Parcel 2:
The North 1/2 of Section 34, Township 22 South, Range 26 East, less and except the west 1660 feet
thereof;
AND
Parcel 3:
U.S. Government Lot 1, less and except the north 660 feet of the west 660 feet, lying in Section 35,
Township 22 South, Range 26 East;
AND
Parcel 4:
The NW 1/4 of the SW 1/4 of the NW 1/4 of Section 35, Township 22 South, Range 26 East;
AND
Parcel 5:
Begin 50.25 feet north of the southeast comer of the NW 1/4 of Section 35, Township 22 South,
Range 26 East; thence run west 1305 feet; thence run south 8.3 feet; thence run west to the southwest
comer of the NW 1/4 of said Section 35; thence north to the northwest comer of the south 1/2 of the
SW 1/4 of the NW 1/4 of said Section 35; thence east to the northeast comer of the south 1/2 of the
SE 1/4 of the NW 1/4; thence south to the point of beginning;
AND
Parcel 6:
That part of Section 27, Township 22 South, Range 26 East, Lake County, Florida, described as
• follows:
Begin at the Southeast comer of Lot 5, Pine Valley Industrial Park, according to the plat thereof, as
recorded in Plat Book 29, Page 70, of the Public Records of Lake County, Florida; thence
CITY OF CLERMONT
ORDINANCE No. 2016-20
•
N00055'27"E along the east line of said Lot 5, for a distance of 701.16 feet to the north line of the
southwest 1/4 of the southwest 1/4 of said Section 27; thence 589003'05"E along said north line,
16.98 feet to the west line of the east 3/4 of the south 1/2 of said Section 27; thence 500024'50"W
along said west line, 710.74 feet to the north line of the south 610.00 feet of the southwest 1/4 of the
southwest 1/4 of said Section 27; thence departing said west line run N75003'48"W, 39.92 feet to the
south line of said Lot 5; thence 588041'58"E along said south line, 15.41 feet to the point of
beginning.
AND
Parcel 7:
That part of Lot 5, Pine Valley Industrial Park, according to the plat thereof, as recorded in Plat Book
29, Page 70, of the Public Records of Lake County, Florida, described as follows: Begin at the
southeast corner of said Lot 5; thence N00055'27"E along the east line of said Lot 5 for a distance of
696.49 feet; thence departing said east line run S53°23'08"W, 100.90 feet; thence 508050'46"W,
57.13 feet; thence 533038'56"W, 31.61 feet; thence 504049'02"E, 40.96 feet; thence S02058'52"E,
93.11 feet; thence S08048'35"W, 60.57 feet; thence S20020'22"W, 82.37 feet; thence 505030'28"W,
59.91 feet; thence S 10°59'05"W, 70.76 feet; thence S l8°19'44"E, 68.63 feet; thence 532006'3I "E,
46.35 feet; thence S44029'07"E, 31.79 feet; thence 56102549"E, 40.03 feet; thence S75003'48"E,
26.77 feet to the south line of said Lot 5; thence 588041'58"E along said south line, 15.41 feet to the
Point of Beginning.
• Easement Parcel A:
Together with an easement for ingress and egress to State Road 50 over the entire stretch of asphalt
road the center line of which begins 174.60 feet west of the northeast comer ofthe SW 1/4 ofthe NE
1/4 of Section 27, Township 22 South, Range 26 East, and run south 0010' west through the entire
SW 1/4 of the NE 1/4 of Section 27, which easement shall be 60 feet in width;
LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE:
The east 150.00 feet of the following described property (Magnolia Bay Boulevard according to the
plat thereof, as recorded in Plat Book 34, Pages 47 through 49, of the Public Records of Lake
County, Florida):
Begin at an iron rod and cap marked "RLS 4264" at the southeast comer of the north 660.00 feet of
the west 660.00 feet of Government Lot 1, Section 35, Township 22 South, Range 26 East, Lake
County, Florida; thence ran N88047'56"W along the south line of said north 660.00 feet of the west
660.00 feet of Government Lot 1 for a distance of 545.00 feet; thence run S01012'04"W for a
distance of 124.51 feet to the northerly right of way line of Hartle Road; thence run N8000621"E
along said northerly right of way line for a distance of433.09 feet to the beginning of a tangent curve
concave to the northwest and having a radius of 467.00 feet; thence run northeasterly along the are of
said curve for a distance of 121.09 feet through a central angle of 14051'22" to the end of said curve;
thence run N65014'58"E along said northerly right ofway line for a distance of 6.13 feet to apoint on
the east line of said west 660.00 feet of Government Lot 1; thence leaving said northerly right ofway
line run N00029'39"W along aid east line for a distance of 0.12 feet to the point of beginning;
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE:
A strip of land for road right of way purposes 66.00 feet wide lying in Section 35, Township 22
• South, Range 26 East, Lake County, Florida, the centerline of which is described as follows:
Commencing at the northwest corner of Section 35, Township 22 South, Range 26 East, run
S00°30'48"E along west line ofthe northwest 1/4 of said Section 35, for a distance of 1856.75 feet to
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CITY OF CLERMONT
ORDINANCE No. 2016-20
•
the northwest comer of the south 1/2 of the southwest 1/4 of the northwest 1/4 of said Section 35;
thence leaving said west line run S88023'30"E along the north line of the south 1/2 of the southwest
1/4 of the northwest 1/4 and the north line of the south 1/2 of the southeast 1/4 of the northwest 1/4
of said Section 35, for a distance of 1531.02 feet to the point of beginning; thence leaving said north
line run S00°00'09"E for a distance of 298.67 feet to a point designated as point A; thence run
S89059'51 "W for a distance of 58.00 feet to a point of termination A ofthis centerline; begin again at
aforesaid point A; thence run N89059'51 "E for a distance of 573.66 feet to a point on a tangent curve
concave to the northwest and having a radius of 2000.00 feet; thence ran northeasterly along the arc
of said curve for a distance of 345.29 feet, through a central angle of 09053'30" to the end of said
curve; thence run N80006'21 "E for a distance of 753.88 feet to a point on a tangent curve concave to
the northwest and having a radius of 500.00 feet; thence run northeasterly along the arc of said curve
for a distance of 129.64 feet, through a central angle of 14051'22" to the end of said curve; thence run
N65014'59"E for a distance of 252.91 feet to a point on a tangent curve concave to the southwest and
having a radius of 350.00 feet; thence ran easterly along the arc of said curve for a distance of431.07
feet, through a central curve (sic) of 70034'02" to the end of said curve; thence run S44°11'00"E for a
distance of 169.91 feet to a point on a tangent curve concave to the northeast and having a radius of
250.00 feet; thence ran southeasterly along the arc of said curve for a distance of276.31 feet, through
a central angle of 63019'35" to the end of said curve; thence run N72029'25"E for a distance of
514.79 feet to a point on a tangent curve concave to the southeast and having a radius of 750.00 feet;
• thence run northeasterly along the arc of said curve for a distance of 240.51 feet through a central
angle of 18'22'24" to the end of said curve; thence run S89008'11 "E for a distance of 203.12 feet to
the east line of Government Lot 1, said Section 35 and the point of termination B of the aforesaid
centerline.
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE:
That part of Section 35, Township 22 South, Range 26 East, Lake County, Florida, described as
follows:
Commence at the west 1/4 comer of said Section 35, said comer marked by a 4"x4" concrete
monument (no identification) (Certified Comer Record No. 38693); thence S88°00'40"E along the
east -west center of section line of said Section 35, a distance of 857.52 feet to the point ofbegirming;
thence continue along said center of section line S88000'40"E, a distance of481.86 feet to a point on
the east line of the platted portion of Postal Colony Company, as recorded in Plat Book 9, Page 65,
of the Public Records of Lake County, Florida, said point lying N8800940"W, a distance of 3891.93
feet from the East 1/4 corner of said Section 35, said east 1/4 comer being marked by a 3" diameter
iron pipe (no identification) (Certified Comer Record No. 38386); thence departing said center of
section line, run N0000748"W along said east line, a distance of 12.98 feet to the northeast corner of
said platted portion of Postal Colony Company; thence departing said east line, ran N89°33'l7"W
along the north line of said Postal Colony Company, a distance of 481.55 feet to the point of
beginning.
Containing 540.223 acres more or less (excluding that portion of Johns Lake south of Island Blvd.
lying waterward of the Safe Upland Line (elevation 98.0 NGVD 29).
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE:
• That part of Section 35, Township 22 South, Range 26 East, Lake County, Florida, described as
follows:
Commence at the West 1/4 comer of said Section 35, said corner marked by a 4"x4" concrete
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CITY OF CLERMONT
ORDINANCE No. 2016-20
•
monument (no identification) (Certified Comer Record No. 38693); thence S88000'40"E along the
East-West center of section line of said Section 35, a distance of 857.52 feet to the POINT OF
BEGINNING; thence continue along said center of section line S88000'40"E, a distance of 481.86
feet to a point on the East line of the platted portion of POSTAL COLONY COMPANY, as recorded
in Plat Book 9, Page 65, of the Public Records of Lake County, Florida, said point lying
N88000'40"W, a distance of 3891.93 feet from the East 114 corner of said Section 35, said East 1/4
comer being marked by a 3" diameter iron pipe (no identification) (Certified Comer Record No.
38386); thence departing said center of section line, run N00007'48"W along said East line, a
distance of 12.98 feet to the Northeast comer of said platted portion of POSTAL COLONY
COMPANY; thence departing said East line, run N89°33'17"W along the North line of said
POSTAL COLONY COMPANY, a distance of 481.55 feet to the POINT OF BEGINNING.
TOGETHER WITH:
LADD DEVELOPMENT PARCEL:
PARCELI:
Lot 2, MANLOW PARK, according to the plat thereof as recorded in Plat Book 50, Pages 86 and 87,
Public Records of Lake County, Florida.
PARCEL 2:
The South 1/2 of Tract C, MANLOW PARK, according to the plat thereof as recorded in Plat Book
50, Pages 86 and 87, Public Records of take County, Florida.
• PARCEL 3:
That portion of the South 1575.00 feet of the West 1660.00 feet of the North 1/2 of Section 34,
Township 22 South, Range 26 East, Lake County, Florida, LESS the North 726.00 feet of the East
900.00 feet thereof, lying East of Lot 2 and Tract C, MANLOW PARK, according to the plat thereof
as recorded in Plat Book 50, Pages 86 and 87, Public Records of lake County, Florida and that is
lying South of Easterly extension of the centerline of Tract C, MANLOW PARK, according to the
plat thereof as recorded in Plat Book 50, Pages 86 and 87, Public Records of Lake County, Florida.
LESS Road Right -of -Way for Lost Lake Road.
TOGETHER WITH:
CLERMONT STORAGE MATTAMY PURCHASE PARCEL:
That part of Section 34, Township 22 South, Range 26 East, Lake County, Florida, being more
particularly described as follows:
Commence at the West 1/4 comer of Section 34, Township 22 South, Range 26 East, thence ran
N00005'36"W along the West line of the Northwest 1/4 of said Section 34, a distance of 475.28 feet
to the intersection of the West line of the Northwest 1/4 of Section 34 and the Westerly extension of
the centerline of Tract C, MANLOW PARK, according to the Plat thereof as recorded in Plat Book
50, Pages 86 and 87, of the Public Records of Lake County, Florida (vacated in Official Records
Book 4749, Page 1398, of said Public Records); thence departing said West line run N8905428"E
along said centerline of Tract C and the Easterly extension thereof, 340.00 feet to the POINT OF
BEGINNING; thence departing said centerline of Tract C and the Easterly extension run
N00°05'36"W, 328.50 feet; thence run S89033102"E, 419.99 feet to the Southerly extension of the
Easterly line of Tract A of aforementioned MANLOW PARK plat; thence mot N00005'36"W along
• said Southerly extension and said Easterly line, 42.11 feet to the Southwest comer of the North
726.00 feet of the East 900.00 feet of the West 1660.00 feet of the South 1575.00 feet of the North
1/2 of said Section 34; thencerun S89033'20"E along the South line of said North 726.00 feet of the
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•
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CITY OF CLERMONT
ORDINANCE No. 2016-20
East 900.00 feet of the West 1660.00 feet of the South 1575.00 feet of the North 1/2 of said Section
34, a distance of 900.07 feet to Southeast comer of the North 726.00 feet of the East 900.00 feet of
the West 1660.00 feet of the South 1575.00 feet of the North 1/2 of said Section 34; thence run
S00005'36"E along the East line of the West 1660.00 feet of the North 1/2 of said Section 34, a
distance of 358.20 feet to the intersection of the Easterly extension of aforementioned centerline of
Tract C and the East line ofthe West 1660.00 feet of said Section 34; thence departing said East line
run S8905428"W along said Easterly extension, 1320.00 feet to the POINT OF BEGINNING.
Containing 568.831 acres more or less, and being subject to any easements, rights -of -way or
restrictions of record.
South of S.R. 50, West of the Hartle Road, East of Hancock Road,
and North and South of Island Blvd., WaterBrooke (Jahn) PUD
(Alternate Keys 1095972, 3882911, 1095964, 2717874,
2899191, 3823388, 3840014, and 3840012)
FROM: UE Urban Estate
TO: Planned Unit Development
Section 2 — Land Uses
Residential:
A total of 1100 residential dwelling units, comprised of single-family dwelling units,
duplexes, and multifamily dwelling units (townhouses).
b. Phasing of Development: The project may be developed in one or more phases.
Development Standards: Development standards for the development of the
residential dwelling units, shall be based on the size of the lot, as indicated in the
table below:
Multifamily
Single Family
Dwelling Units
Single Family Detached
Attached
(townhouses)
Duplexes
Front
Design item
Rear
Front
Rear
Front
Load
(feet)
Front Load
Load
Load
Load
Load
and
(feet)
(feet)
(feet)
(feet)
(80 feet
and
RearLoad
Greater)
Minimum Lot Area
1,600
1,800
2,400
4,400
9,600
2,400
Minimum Living Area
1,000
1,000
1,400
F 1,500
1,500
1,200
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CITY OF CLERMONT
ORDINANCE No. 2016-20
Minimum Lot Width
20
20
30
40
80
24
Minimum Lot Depth
80
90
80
110
120
100
Minimum Front
15
15
15
15
15
15
Building Setback
Minimum Front Porch
10
10
10
10
10
10
Setback
Minimum Front Garage
20
-
20
20
20
Setback
Minimum Rear Garage
20
-
20
-
-
20
Setback
Minimum Side Yard
5
5
5
5
5
5
Setback'
Setback From Side
15
15
15
15
15
15
Street
Minimum Rear Yard
20
20
20
20
20
20
Setback
Minimum Building
10
10
10
10
10
10
Separation
Minimum Rear Yard
Setback for Pools,
5
5
5
5
5
5
Patios, Decks or
Ancillary Structures
Maximum Impervious
Surface Ratio (ISR)
0.85
0.85
0.75
0.75
0.75
0.85
***(See Note)2
Maximum Building
40
40
40
40
40
40
Height
Setback from Ordinary
High Water Line, Mean
High Water Line, or
50
50
50
50
50
50
Jurisdictional Wetland
Line
Minimum Front Yard
10
10
10
10
10
10
Utility Easement
Minimum Side and Rear
Yard Drainage and
51
5'
5
5
5
5'
Utility Easement
'Does not apply to interior side yards of attached townhomes and/or duplexes
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CITY OF CLERMONT
ORDINANCE No. 2016-20
'The maximum allowable ISR for the overall PUD development shall be 0.60. Individual lot ISR
may exceed 0.60 as shown in the table above as long as overall maximum is not exceeded.
Section 3 — Open Space
Open Space: A minimum of 25%of the net buildable area of the Planned Unit Development shall be
provided as open space in accordance with the Comprehensive Plan and Land Development Code
(LDC), as amended. A waiver to Section 122-316(b)(4) of the Land Development Code has been
granted to allow individual phases of the Planned Unit Development to exceed the overall density of
the Planned Unit Development and to allow individual phases of the Planned Unit Development to
be developed without providing common open space in proportion to that contained within the entire
Planned Unit Development.
Section 4 — Landscaping, Buffering, and Screening
1. A 40-foot wide natural buffer with a six-foot high wall shall be provided along a portion of
the northern boundary of Tract N-7 from the entrance to Magnolia Bay subdivision, west to
the existing Hartle Road, as shown on the Exhibit 'B" - Conceptual Plan.
• 2. A 50-foot landscaped buffer shall be provided along the boundary common with the Hills of
Clermont subdivision.
3. No landscaping buffer is required along the perimeter of the Planned Unit Development
adjacent to wetlands, open water and conservation areas.
4. A waiver to Section 118-71(1) of the Land Development Code is granted in order to allow
street trees within the right-of-way along the frontage of a residential lot to count toward the
minimum number of required trees on the lot and to allow such trees to be less than six feet
from curbs and sidewalks as long as a minimum of five feet of clearance is provided between
the tree and any public potable water, wastewater or reclaimed water main.
5. All other landscaping, buffering, and screening requirements shall be in accordance with the
Land Development Code, as amended. Existing trees may be used to meet the landscape
buffer requirements in accordance with the Land Development Code, as amended.
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CITY OF CLERMONT
ORDINANCE No. 2016-20
Section 5 — Environmental:
1. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plans approval stage of each phase of the project. Applicable permits
for any gopher tortoises and associated burrow commensal species or other threatened or
endangered species found on the property must be received from the appropriate regulatory
agencies prior to the initiation of development activity.
2. Wetlands onsite have been placed in a conservation easement. Areas placed in a perpetual
conservation easement are shown in the Corrective Conservation Easement, which has been
recorded in Lake County Official Records Book 4531, Pages 2401-2408. There are two
existing borrow pits on the property that exist as a result ofthe former mining operation. The
two borrow pits shall he utilized for stormwater management and are not required to meet
any additional surface water and/or wetland requirements, including, but not limited to
setbacks and buffers.
3. Site Grading/Mine Reclamation: Master Site Grading and Mine Reclamation for the project
has been completed in accordance with the Mass Grading Plan dated December 14, 2005,
submitted to and approved by the Lake County Water Resources Management Division. The
• site grading was completed pursuant to Florida Department of Environmental Protection
(FDEP) Permit No. 0139060-002, issued on January 18, 2011. All grading in accordance
with Mass Grading Plan has been completed and has been accepted in lieu of reclamation of
the mining site. Mass Grading Plan was approved on August 6, 2014. Approval of Ordinance
2014-80 therefore revoked and released the property from the September 28,1990, vesting of
the Jahna Clermont East Mine (Tracking #90/10/5), which was to be reclaimed through the
proposed mass grading Ordinance 2006-30 (Trucking #110-05-PUD). All further grading for
the project must be in accordance with City standards.
Section 6 — Environmental Services:
1. The developer shall connect to the existing City system at connection point or points
approved by the City.
2. The route of any off -site lines shall be according to engineering plans produced by the
developer and approved by the City.
3. Any proposed City -maintained utilities that are not located within a City -maintained right-of-
way shall be placed in a utility easement dedicated to the City. Easements shall be provided
at no expense to the City. Utilities are allowed to be placed within the Countybuild out right-
of-way along Hartle Road.
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CITY OF CLERMONT
ORDINANCE No. 2016-20
4. The developer shall be responsible for all costs of on -site and off -site improvements,
including, but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the City to serve the property.
5. Any existing utilities must stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the developer shall prepare plans, permit the
project and construct the modification at the developer's expense.
6. No building permits shall be issued until water and sewer are provided to the site or until a
bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site
improvements. No Certificate of Occupancy shall be issued until water and sewer extensions
have been completed and accepted by the City.
7. In the event the City chooses to oversize the lines or appurtenances, the City shall provide to
the developer specifications regarding sizes to be included in the final improvement plans.
8. The City shall be responsible for the difference in cost of materials to oversize the line if the
City chooses to oversize based on plans and cost estimates provided by the developer to the
City and approved in advance by the City.
• 9.
The developer shall provide to the City a cost estimate for materials for the minimum size
lines and appurtenances and a cost estimate for materials for the approved oversize. Cost
estimates shall be contractors' bid as certified by developer's project engineer. The City
shall review and either approve or reject the costs.
10.
The developer and City shall agree on the cost difference, which will be the responsibility of
the City, prior to commencement of construction.
11.
Reimbursement for the difference in costs as determined in Section 8 and 9 from the City
shall be in the form of Impact Fee Credits.
12.
The Impact Fee Credits shall be established subject to Sections 8 and 9 and at the time of
issuance of each building permit by applying the then current impact fee, which shall be
deducted from the Impact Fee Credit balance until credit is used.
13.
Impact Fee Credits may not be transferred outside of the property, but may be assignable to
any heirs, assigns or successors in interest or title to part or all of said property.
14.
The developer shall be responsible for all applicable fees, including, but not limited to impact
fees, connection fees and permitting fees.
• 15. The City may require a looped system to provide reliability and redundancy to the property.
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CITY OF CLERMONT
ORDINANCE No. 2016-20
16. Central water and sewer connection shall be provided in accordance with the comprehensive
plan and Land Development Code, as amended.
17. The project shall be plumbed for reuse water with purple piping to irrigate single family lots.
Irrigation of common areas shall be from a well.
18. A master lift station shall be designed and constructed on a 50-foot-by-50-foot lot dedicated
to the City. Lift station shall be designed to allow for the connection of the existing force
main on Hartle Road. A 20-inch force main shall be constructed from the master lift station
to the existing 30-inch force main located on CW Harrell Road.
19. A minimum eight -inch potable water main (east -west main) shall be constructed from the
western project boundary to Hartle Road at such location that allows for the future extension
of Hartle Road and a minimum eight -inch potable water main (north -south main) shall be
constructed from State Road 50 to the proposed east -west main.
20. A 12-inch potable water main shall be constructed from the proposed terminus of a 12-inch
potable water main on Hartle Road, which is to be constructed in conjunction with Lake
County Fire Station #90/Clermont Fire Station #104, south to the existing potable water main
• on Lost Lake Road.
21. A 16-inch reuse main shall be constructed from the eastern property line along the build out
Hartle Road right-of-way to the existing 30-inch reuse main located on CW Harrell Road.
22. All utilities shall be designed and installed as per the City's specifications and approved by
City staff.
23. Drainage/Stormwater Management: The developer shall submit drainage calculations and a
stormwater management plan when filing for final engineering approval. The Homeowners
Association (HOA) shall be responsible for maintenance of all stormwater ponds and
drainage systems for private streets.
24. Easements shall be provided on any existing and proposed utilities that the City will own and
maintain at no expense to the City.
25. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
easements to extend the City's fiber optic network. 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.
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CITY OF CLERMONT
ORDINANCE No. 2016-20
26. The developer reserves its rights, pursuant to Section 2-267 — Credits, of the City Code, to
enter into an impact fee agreement with the Citywhich shall provide for the establishment of
credits and payment of impact fees in a specified manner and time. The terms and conditions
of an impact fee agreement between the developer and the City may replace or supersede the
conditions contained in the Planned Unit Development approved for development.
Section 7 — Transportation Improvements/Access Mana¢ement:
The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements. Prior to the issuance ofthe first Certificate
of Occupancy, a secondary entrance shall be constructed off Hartle Road for the residents of
the development.
2. The developer shall dedicate on the final plat a 120-foot right-of-way for Hartle Road,
necessary to accommodate permanent construction plus additional slope easements (not to
exceed 100 feet in total width), in accordance with the preferred route outlined within Lake
County's PD&E study for the realignment of Hartle Road. The slope easement shall be
identified at preliminary plat and shown on the final plat. The developer shall coordinate
with the County and City on alignment and grading of Hartle Road. The slope easement
• width will be adjusted with design plans approved by Lake County and the City.
In the alternative, the land within the slope easement area may be graded by the developer for
future roadway alignment. With County approval of the grading plan and completion of
grading work by the developer, the slope easement requirement may be deemed complete.
A waiver to Section 94-195(b)(3) of the Land Development Code is granted to allow cuts and
fills of up to twenty (20) feet for the construction of Hartle Road to accommodate required
road grades in consideration of the existing topography in the road right-of-way.
•
3. By virtue of the transportation system needs for the project, the developer shall dedicate on
the Final Plat a 100-foot right-of-way for Hooks Street within the project boundary, from the
northwest comer, along the north property line, to northeast comer of the project boundary.
In addition to this 100-foot right-of-way, additional land necessary to accommodate
temporary construction easements; not to exceed 100 feet in width, shall be provided. The
slope easement shall be identified at Preliminary Plat and shown on the Final Plat. The
developer shall coordinate with the County and City on alignment and grading of Hooks
Street. The slope easement width will be adjusted with design plans approved by the County
and the City.
11
•
CITY OF CLERMONT
ORDINANCE No. 2016-20
4. At the developer's option and approval by Lake County, the developer may construct Hartle
Road a distance of approximately 4,365 feet from its proposed terminus, which is to be
constructed in conjunction with Lake County Fire Station #90/Clermont Fire Station #104, to
approximately 315 feet north of the southern project boundary. If the developer constructs
Hartle Road, a developer's agreement between the County and the developer shall be
executed for the construction of Hartle Road and for the allocation of transportation impact
fee credits associated with the construction.
5. The developer shall accommodate stormwater retention capacity sufficient for Hartle Road
and Hooks Street drainage requirements based on stormwater permitting requirements in
place at the time of approval of this Planned Unit Development within the limits of drainage
basin along the route alignments. The developer intends to utilize on -site ponds as an
amenity and desires for the runoff to be treated to remove roadway debris collected.
Therefore, the County shall provide pre-treatment of the water for debris, such as a skimmer,
at the latest terminus before the runoff water enters the water body. At time of Hartle Road
and Hooks Street final design, the County shall coordinate with the developer for final
configuration of Hooks Street and Hartle Road roadway stormwater system connection to the
on -site drainage system acceptable to both the County and the developer. The County shall
bear the cost of the roadway drainage connection to the on -site stormwater system. The
• Hartle Road and Hooks Street stormwater sewer shall be separate from the Planned Unit
Development stormwater system, unless a coordinated system design is provided by the
developer. It shall be located within a drainage easement to Lake County having a straight
alignment, direct access from County right-of-way and storm pipe not shared with
developer's system. The County shall also have an easement over the shared stormwater
ponds. The developer shall coordinate with the County on pretreatment design and
construction.
6. A public hearing shall be required for the Island Boulevard right-of-way vacation. The
developer will be responsible to submit and pay for the vacation petition request. The
relocation of Island Boulevard shall not occur until the City has granted approval for the
vacation through a public hearing. Approval of the road vacation is not guaranteed. Paved
access shall be maintained to the existing developments along the current Island Boulevard.
Before Island Boulevard right-of-way is vacated, new right-of-way must be dedicated and
new road must be constructed and accepted by the City as a public roadway. The right-of-
way vacation may be conditioned upon the new road alignment of Island Boulevard being
constructed, open to traffic, and accepted by the City.
7. The developer, at its expense, shall be required to improve Emil Jahna Road from its project
entrance north to State Road 50 and shall pay to modify the existing traffic signal, as needed,
to accommodate turning movements from Emil Jahna Road onto State Road 50. Emil Jahna
Road shall be improved to facilitate safe and efficient traffic flow from the project entrance
• to and including the intersection at State Road 50.
12
•
CITY OF CLERMONT
ORDINANCE No. 2016-20
The improvements will consist of the following:
a. Reconstructing the roadway to meet current standards;
b. Turn lane improvements and any associated signal modifications at the intersection
of Emil Jahna Road and State Road 50 as determined to be necessary by a
transportation analysis to be approved by the applicable governmental agencies; the
City, the County and/or Florida Department of Transportation;
C. The reconfiguration of the westbound left-tum lane on State Road 50 to provide
dual fuming movements (removing the current striping to open the additional left -
turn lane) as warranted by the traffic impact study, and
d. A waiver to Section 110-194(3) and (4) of the Land Development Code is granted to
allow construction of a 10-foot wide concrete sidewalk along only the west side of
Emil Jahna Road to serve as a multipurpose path for both pedestrians and cyclists in
lieu of in -street bikeways and five-foot wide sidewalks on both sides due to the
constrained right-of-way width.
8. Sidewalks/Streets:
a. Sidewalks to be constructed on both sides of residential and commercial streets.
b. Streets shall have F-type curb and street pavement must be a minimum 24 feet wide.
C. Right-of-way width for residential streets must be a minimum 60 feet.
d. A waiver to Section 110-192(1) of the Land Development Code is granted to allow
private streets with gates. Streets within the development will be gated and will be
maintained by the developer or Home Owners Association.
e. A waiver to Section 110-195(b) of the Land Development Code is granted to allow
construction of 20-foot-wide, one-way alleys with 12 feet ofpavement as long as 20
feet of unobstructed emergency access is maintained, unless greater distances are
warranted by fire code.
9. Roadway Lighting: The developer shall arrange with the power utility provider for
installation of street lights along Emil Jahna Road. The cost of installation shall be paid by
the developer, and the ongoing rental of lights shall be paid by the developer or
WaterBrooke's Homeowner's Association.
13
CITY OF CLERMONT
ORDINANCE No. 2016-20
•
Section 8 — Schools
School concurrency shall be met before final plat approval in accordance with the Comprehensive
Plan and Land Development Code.
Section 9 — Lighting
Exterior lighting shall be in accordance with the Land Development Code, as amended.
Section 10 — Fire Protection and Emergency Services Access
Fire Protection and Emergency Services Access: Access and fire safety requirements of the
development shall be provided in accordance with the Florida Fire Prevention Code and Land
Development Code, as amended. A secondary emergency access approved bythe City's fire marshal
shall be designated and constructed prior to the issuance of the first building permit.
Section 11— Concurrency Management Requirements
Concurrency Management Requirements: Any development shall comply with the Lake County and
• the City of Clermont Concurrency Management System, as amended.
Section 12 — Development Review and Approval
•
1. Prior to the issuance of -permits, the developer shall be required to submit a Preliminary Plat,
Construction Plans, and Final Plat generally consistent with Exhibit "B" - Conceptual Plan,
prepared by Donald W. McIntosh Associates, Inc., dated 3/30/16 for review and approval in
accordance with the Comprehensive Plan and Land Development Code, as amended.
2. Planned Unit Development Expiration: Pursuant to Exhibit B4 of the Stipulated Settlement
Agreement between the County and Nola Land Company, Inc., which was executed by the
last party (Lake County) on July 26, 2011, the development described in Ordinance #2006-30
is vested for a period of 12 years from execution of the agreement. Accordingly, physical
development of the Planned Unit Development shall commence by July 26, 2023. Failure to
commence construction by July 26, 2023 shall cause the automatic revocation of this
Ordinance.
Section 13 — Future Amendments to Statutes. Code. Plans. and/or Regulations
The specific references in this Planned Unit Development to the Florida Statutes, Florida
Administrative Code, City Comprehensive Plan, and City Land Development Code shall include any
future amendments to the statutes, code, plans, and/or regulations.
14
CITY OF CLERMONT
ORDINANCE No. 201620
Section 14 — Additional Conditions
1. After establishment of the facilities as provided herein, the aforementioned property shall
only be used for the purposes named in this Planned Unit Development. Any other proposed
use must be specifically authorized by the Clermont City Council.
2. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, remove, improve,
move, convert, or demolish any building structure, add other uses, or alter the land in any
manner within the boundaries of the above described land without first obtaining the
necessary approvals in accordance with the Clermont Code of Ordinances, as amended, and
obtaining the permits required from the other appropriate governmental agencies.
3. This Planned Unit Development shall inure to the benefit of, and shall constitute a covenant
running with the land and the terms, conditions, and provisions hereof, and shall be binding
upon the present owner and any successor, and shall be subject to each and every condition
herein set out.
4. Construction and operation of the proposed use shall at all times comply with the regulations
of this and other governmental permitting agencies.
• 5. The transfer of ownership or lease of any or all ofthe property described in this Planned Unit
Development shall be included in the transfer or lease agreement, a provision that the
purchaser or lessee is made good and aware of the conditions established by this Planned
Unit Development and agrees to be bound by these conditions. The purchaser or lessee may
request a change from the existing plans and conditions by following procedures contained in
the Land Development Code, as amended.
•
SECTION 15:
This Ordinance shall be published as provided by law, and it shall become law and take effect upon
its Second Reading and Final Passage.
15
•
Location map:
16
CITY OF CLERMONT
ORDINANCE No. 2016-20
•
CITY OF CLERMONT
ORDINANCE No. 2016-20
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
� of May, 2016.
CITY OF CLERMONT
�//'2Gail L. Ash, Miyo?
Tracy Acki yd Howe, City Clerk
• Approved and legality:
--)
tzars, It,
ttomey
E
CITY OF CLERMONT
ORDINANCE No. 2016-20
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 SEVERABILITY, 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
The East 3/4 of the South 1/2 of Section 27, Township 22 South, Range 26 East,
AND
Parcel 2
The North 1 /2 of Section 34, Township 22 South, Range 26 East, less and except the west 1660 feet
thereof,
AND
Parcel 3
U S Government Lot 1, less and except the north 660 feet of the west 660 feet, lying in Section 35,
Township 22 South, Range 26 East,
AND -
Parcel 4
The NW 1/4 of the SW 1/4 of the NW 1/4 of Section 35, Township 22 South, Range 26 East,
AND
Parcel 5
Begin 50 25 feet north of the southeast corner of the NW 1/4 of Section 35, Township 22 South,
Range 26 East, thence run west 1305 feet, thence run south 8 3 feet, thence run west to the southwest
corner of the NW 1/4 of said Section 3 5, thence north to the northwest corner of the south 1 /2 of the
SW 1/4 of the NW 1/4 of said Section 35, thence east to the northeast corner of the south 1 /2 of the
SE 1/4 of the NW 1/4, thence south to the point of beginning,
AND
Parcel 6
That part of Section 27, Township 22 South, Range 26 East, Lake County, Florida, described as
follows
Begin at the Southeast corner of Lot 5, Pine Valley Industrial Park, according to the plat thereof, as
recorded in Plat Book 29, Page 70, of the Public Records of Lake County, Florida, thence
CITY OF CLERMONT
ORDINANCE No. 2016-20
N00°55'27"E along the east line of said Lot 5, for a distance of 701 16 feet to the north line of the
southwest 1/4 of the southwest 1/4 of said Section 27, thence S89°03'05"E along said north line,
16 98 feet to the west line of the east 3/4 of the south 1/2 of said Section 27, thence S00°24'50"W
along said west line, 710 74 feet to the north line of the south 610 00 feet of the southwest 1/4 of the
southwest 1/4 of said Section 27, thence departing said west line run N75°03'48"W, 39 92 feet to the
south line of said Lot 5, thence S88°41'58"E along said south line, 15 41 feet to the point of
beginning
AND
Parcel 7
That part of Lot 5, Pine Valley Industrial Park, according to the plat thereof, as recorded in Plat Book
29, Page 70, of the Public Records of Lake County, Florida, described as follows Begin at the
southeast corner of said Lot 5, thence N00°55'27"E along the east line of said Lot 5 for a distance of
696 49 feet, thence departing said east line run S53°23'08"W, 100 90 feet, thence S08°50'46"W,
57 13 feet, thence S33°38'56"W, 3161 feet, thence SO4°49'02"E, 40 96 feet, thence S02°58'52"E,
93 11 feet, thence S08°48'35"W, 60 57 feet, thence S20°20'22"W, 82 37 feet, thence S05°30'28"W,
59 91 feet, thence S 10°59'05"W, 70 76 feet, thence S 18' 19'44"E, 68 63 feet, thence S32°06'31 "E,
46 35 feet, thence S44°29'07"E, 31 79 feet, thence S61 °25'49"E, 40 03 feet, thence S75003'48"E,
26 77 feet to the south line of said Lot 5, thence S88°41'58"E along said south line, 15 41 feet to the
Point of Beginning
Easement Parcel A
Together with an easement for ingress and egress to State Road 50 over the entire stretch of asphalt
road the center line of which begins 174 60 feet west of the northeast corner of the SW 1/4 of the NE
1/4 of Section 27, Township 22 South, Range 26 East, and run south 090' west through the entire
SW 1/4 of the NE 1/4 of Section 27, which easement shall be 60 feet in width,
LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE
The east 150 00 feet of the following described property (Magnolia Bay Boulevard according to the
plat thereof, as recorded in Plat Book 34, Pages 47 through 49, of the Public Records of Lake
County, Florida)
Begin at an iron rod and cap marked "RLS 4264" at the southeast corner of the north 660 00 feet of
the west 660 00 feet of Government Lot 1, Section 35, Township 22 South, Range 26 East, Lake
County, Florida, thence run N88°47'56"W along the south line of said north 660 00 feet of the west
660 00 feet of Government Lot 1 for a distance of 545 00 feet, thence run S01 ° 12'04"W for a
distance of 124 51 feet to the northerly right of way line of Hartle Road, thence run N80°06'21 "E
along said northerly right of way line for a distance of 433 09 feet to the beginning of a tangent curve
concave to the northwest and having a radius of 467 00 feet, thence run northeasterly along the arc of
said curve for a distance of 12109 feet through a central angle of 14°51'22" to the end of said curve,
thence run N65° 14'58"E along said northerly right of way line for a distance of 6 13 feet to a point on
the east line of said west 660 00 feet of Government Lot 1, thence leaving said northerly right of way
line run N00°29'39"W along aid east line for a distance of 0 12 feet to the point of beginning,
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE
A strip of land for road right of way purposes 66 00 feet wide lying in Section 35, Township 22
South, Range 26 East, Lake County, Florida, the centerline of which is described as follows
Commencing at the northwest corner of Section 35, Township 22 South, Range 26 East, run
S00°30'48"E along west line of the northwest 1/4 of said Section 35, for a distance of 1856 75 feet to
2
CITY OF CLERMONT
ORDINANCE No. 2016-20
the northwest corner of the south 1 /2 of the southwest 1/4 of the northwest 1/4 of said Section 35,
thence leaving said west line run S88°23'30"E along the north line of the south 1/2 of the southwest
1/4 of the northwest 1/4 and the north line of the south 1 /2 of the southeast 1/4 of the northwest 1/4
of said Section 35, for a distance of 1531 02 feet to the point of beginning, thence leaving said north
line run S00°00'09"E for a distance of 298 67 feet to a point designated as point A, thence run
S89°59'51 "W for a distance of 58 00 feet to a point of termination A of this centerline, begin again at
aforesaid point A, thence run N89°59'51 "E for a distance of 573 66 feet to a point on a tangent curve
concave to the northwest and having a radius of 2000 00 feet, thence run northeasterly along the arc
of said curve for a distance of 345 29 feet, through a central angle of 09°53'30" to the end of said
curve, thence run N80°06'21 "E for a distance of 753 88 feet to a point on a tangent curve concave to
the northwest and having a radius of 500 00 feet, thence run northeasterly along the arc of said curve
for a distance of 129 64 feet, through a central angle of 14°51'22" to the end of said curve, thence run
N65° 14'59"E for a distance of 252 91 feet to a point on a tangent curve concave to the southwest and
having a radius of 350 00 feet, thence run easterly along the arc of said curve for a distance of 43107
feet, through a central curve (sic) of 70°34'02" to the end of said curve, thence run S44° 11'00"E for a
distance of 169 91 feet to a point on a tangent curve concave to the northeast and having a radius of
250 00 feet, thence run southeasterly along the arc of said curve for a distance of 276 31 feet, through
a central angle of 63°19'35" to the end of said curve, thence run N72°29'25"E for a distance of
514 79 feet to a point on a tangent curve concave to the southeast and having a radius of 750 00 feet,
thence run northeasterly along the arc of said curve for a distance of 240 51 feet through a central
angle of 18°22'24" to the end of said curve, thence run S89°08'11 "E for a distance of 203 12 feet to
the east line of Government Lot 1, said Section 35 and the point of termination B of the aforesaid
centerline
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE
That part of Section 35, Township 22 South, Range 26 East, Lake County, Florida, described as
follows
Commence at the west 1/4 corner of said Section 35, said corner marked by a 4"x4" concrete
monument (no identification) (Certified Corner Record No 38693), thence S88°00'40"E along the
east -west center of section line of said Section 35, a distance of 857 52 feet to the point of beginning,
thence continue along said center of section line S88°00'40"E, a distance of 481 86 feet to a point on
the east line of the platted portion of Postal Colony Company, as recorded in Plat Book 9, Page 65,
of the Public Records of Lake County, Florida, said point lying N88°00'40"W, a distance of 389193
feet from the East 1/4 corner of said Section 35, said east 1/4 corner being marked by a 3" diameter
iron pipe (no identification) (Certified Corner Record No 38386), thence departing said center of
section line, run N00°07'48"W along said east line, a distance of 12 98 feet to the northeast corner of
said platted portion of Postal Colony Company, thence departing said east line, run N89°33'17"W
along the north line of said Postal Colony Company, a distance of 481 55 feet to the point of
beginning
Containing 540 223 acres more or less (excluding that portion of Johns Lake south of Island Blvd
lying waterward of the Safe Upland Line (elevation 98 0 NGVD 29)
AND FURTHER LESS AND EXCEPT FROM PARCELS 1 THROUGH 7 ABOVE
That part of Section 35, Township 22 South, Range 26 East, Lake County, Florida, described as
follows
Commence at the West 1/4 corner of said Section 35, said corner marked by a 4"x4" concrete
3
CITY OF CLERMONT
ORDINANCE No. 2016-20
monument (no identification) (Certified Corner Record No 38693), thence S88°00'40"E along the
East-West center of section line of said Section 35, a distance of 857 52 feet to the POINT OF
BEGINNING, thence continue along said center of section line S88°00'40"E, a distance of 481 86
feet to a point on the East line of the platted portion of POSTAL COLONY COMPANY, as recorded
in Plat Book 9, Page 65, of the Public Records of Lake County, Florida, said point lying
N88°00'40"W, a distance of 3891 93 feet from the East 1/4 corner of said Section 35, said East 1/4
corner being marked by a 3" diameter iron pipe (no identification) (Certified Corner Record No
38386), thence departing said center of section line, run N00°07'48"W along said East line, a
distance of 12 98 feet to the Northeast corner of said platted portion of POSTAL COLONY
COMPANY, thence departing said East line, run N89°33'17"W along the North line of said
POSTAL COLONY COMPANY, a distance of 481 55 feet to the POINT OF BEGINNING
TOGETHER WITH
LADD DEVELOPMENT PARCEL
PARCEL 1
Lot 2, MANLOW PARK, according to the plat thereof as recorded in Plat Book 50, Pages 86 and 87,
Public Records of Lake County, Florida
PARCEL 2
The South 1/2 of Tract C, MANLOW PARK, according to the plat thereof as recorded in Plat Book
50, Pages 86 and 87, Public Records of Lake County, Florida
PARCEL 3
That portion of the South 1575 00 feet of the West 1660 00 feet of the North 1/2 of Section 34,
Township 22 South, Range 26 East, Lake County, Florida, LESS the North 726 00 feet of the East
900 00 feet thereof, lying East of Lot 2 and Tract C, MANLOW PARK, according to the plat thereof
as recorded in Plat Book 50, Pages 86 and 87, Public Records of Lake County, Florida and that is
lying South of Easterly extension of the centerline of Tract C, MANLOW PARK, according to the
plat thereof as recorded in Plat Book 50, Pages 86 and 87, Public Records of Lake County, Florida
LESS Road Right -of -Way for Lost Lake Road
TOGETHER WITH
CLERMONT STORAGE MATTAMY PURCHASE PARCEL
That part of Section 34, Township 22 South, Range 26 East, Lake County, Florida, being more
particularly described as follows
Commence at the West 1/4 corner of Section 34, Township 22 South, Range 26 East, thence run
N00°05'36"W along the West line of the Northwest 1/4 of said Section 34, a distance of 475 28 feet
to the intersection of the West line of the Northwest 1/4 of Section 34 and the Westerly extension of
the centerline of Tract C, MANLOW PARK, according to the Plat thereof as recorded in Plat Book
50, Pages 86 and 87, of the Public Records of Lake County, Florida (vacated in Official Records
Book 4749, Page 1398, of said Public Records), thence departing said West line run N89°54'28"E
along said centerline of Tract C and the Easterly extension thereof, 340 00 feet to the POINT OF
BEGINNING, thence departing said centerline of Tract C and the Easterly extension run
N00°05'36"W, 328 50 feet, thence run S89033'02"E, 419 99 feet to the Southerly extension of the
Easterly line of Tract A of aforementioned MANLOW PARK plat, thence run N00°05'36"W along
said Southerly extension and said Easterly line, 42 11 feet to the Southwest corner of the North
726 00 feet of the East 900 00 feet of the West 1660 00 feet of the South 1575 00 feet of the North
1/2 of said Section 34, thence run S89°33'20"E along the South line of said North 726 00 feet of the
4
CITY OF CLERMONT
ORDINANCE No. 2016-20
East 900 00 feet of the West 1660 00 feet of the South 1575 00 feet of the North 1/2 of said Section
34, a distance of 900 07 feet to Southeast corner of the North 726 00 feet of the East 900 00 feet of
the West 1660 00 feet of the South 1575 00 feet of the North 1/2 of said Section 34, thence run
S00°05'36"E along the East line of the West 1660 00 feet of the North 1/2 of said Section 34, a
distance of 358 20 feet to the intersection of the Easterly extension of aforementioned centerline of
Tract C and the East line of the West 1660 00 feet of said Section 34, thence departing said East line
run S89°54'28"W along said Easterly extension, 1320 00 feet to the POINT OF BEGINNING
Containing 568 831 acres more or less, and being subject to any easements, nghts-of-way or
restrictions of record
South of S R 50, West of the Hartle Road, East of Hancock Road,
and North and South of Island Blvd, WaterBrooke (Jahna) PUD
(Alternate Keys 1095972, 3882911, 1095964, 2717874,
2899191, 3823388, 3840014, and 3840012)
FROM: UE Urban Estate
TO: Planned Unit Development
Section 2 — Land Uses
Residential
a A total of 1100 residential dwelling units, comprised of single-family dwelling units,
duplexes, and multifamily dwelling units (townhouses)
b Phasing of Development The project may be developed in one or more phases
c Development Standards Development standards for the development of the
residential dwelling units, shall be based on the size of the lot, as indicated in the
table below
Multifamily
Single Family
Dwelling Units
Single Family Detached
Attached
(townhouses)
Duplexes
Front
Design item
Rear
Front
Rear
Front
Load
Front Load
Load
Load
Load
Load
(feet)
and
(feet)
(feet)
(feet)
(feet)
(80 feet
Rear Load
and
Greater)
Minimum Lot Area
1,600
1,800
2,400
4,400
9,600
2,400
Minimum Living Area
1,000
1,000
1,400
1,500
1,500
1,200
CITY OF CLERMONT
ORDINANCE No. 2016-20
Minimum Lot Width
20
20
30
40
80
24
Minimum Lot Depth
80
90
80
110
120
100
Minimum Front
15
15
15
15
15
15
Building Setback
Minimum Front Porch
10
10
10
10
10
10
Setback
Minimum Front Garage
-
20
-
20
20
20
Setback
Minimum Rear Garage
20
-
20
-
-
20
Setback
Minimum Side Yard
Setback'
5
5
5
5
5
5
Setback From Side
Street
15
15
15
15
15
15
Minimum Rear Yard
Setback
20
20
20
20
20
20
Minimum Building
Separation
10
10
10
10
10
10
Minimum Rear Yard
Setback for Pools,
Patios, Decks or
5
5
5
5
5
5
Ancillary Structures
Maximum Impervious
Surface Ratio (ISR)
085
085
075
075
075
085
***(See Note)Z
Maximum Building
Height
40
40
40
40
40
40
Setback from Ordinary
High Water Line, Mean
High Water Line, or
50
50
50
50
50
50
Jurisdictional Wetland
Line
Minimum Front Yard
Utility Easement
10
10
10
10
10
10
Minimum Side and Rear
Yard Drainage and
5'
5'
5
5
5
5'
Utility Easement
Does not apply to interior side yards of attached townhomes and/or duplexes
CITY OF CLERMONT
ORDINANCE No. 2016-20
'The maximum allowable ISR for the overall PUD development shall be 0 60 Individual lot ISR
may exceed 0 60 as shown in the table above as long as overall maximum is not exceeded
Section 3 — Open Space
Open Space A minimum of 25% of the net buildable area of the Planned Unit Development shall be
provided as open space in accordance with the Comprehensive Plan and Land Development Code
(LDC), as amended A waiver to Section 122-316(b)(4) of the Land Development Code has been
granted to allow individual phases of the Planned Unit Development to exceed the overall density of
the Planned Unit Development and to allow individual phases of the Planned Unit Development to
be developed without providing common open space in proportion to that contained within the entire
Planned Unit Development
Section 4 — Landscaping, Buffering, and Screening
A 40-foot wide natural buffer with a six-foot high wall shall be provided along a portion of
the northern boundary of Tract N-7 from the entrance to Magnolia Bay subdivision, west to
the existing Hartle Road, as shown on the Exhibit "B" - Conceptual Plan
2 A 50-foot landscaped buffer shall be provided along the boundary common with the Hills of
Clermont subdivision
3 No landscaping buffer is required along the perimeter of the Planned Unit Development
adjacent to wetlands, open water and conservation areas
4 A waiver to Section 118-71(1) of the Land Development Code is granted in order to allow
street trees within the nght-of-way along the frontage of a residential lot to count toward the
minimum number of required trees on the lot and to allow such trees to be less than six feet
from curbs and sidewalks as long as a minimum of five feet of clearance is provided between
the tree and any public potable water, wastewater or reclaimed water main
All other landscaping, buffering, and screening requirements shall be in accordance with the
Land Development Code, as amended Existing trees may be used to meet the landscape
buffer requirements in accordance with the Land Development Code, as amended
7
CITY OF CLERMONT
ORDINANCE No. 2016-20
Section 5 — Environmental:
An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plans approval stage of each phase of the project Applicable permits
for any gopher tortoises and associated burrow commensal species or other threatened or
endangered species found on the property must be received from the appropriate regulatory
agencies prior to the initiation of development activity
2 Wetlands onsite have been placed in a conservation easement Areas placed in a perpetual
conservation easement are shown in the Corrective Conservation Easement, which has been
recorded in Lake County Official Records Book 4531, Pages 2401-2408 There are two
existing borrow pits on the property that exist as a result of the former mining operation The
two borrow pits shall be utilized for stormwater management and are not required to meet
any additional surface water and/or wetland requirements, including, but not limited to
setbacks and buffers
3 Site Grading/Mine Reclamation Master Site Grading and Mine Reclamation for the project
has been completed in accordance with the Mass Grading Plan dated December 14, 2005,
submitted to and approved by the Lake County Water Resources Management Division The
site grading was completed pursuant to Florida Department of Environmental Protection
(FDEP) Permit No 0139060-002, issued on January 18, 2011 All grading in accordance
with Mass Grading Plan has been completed and has been accepted in lieu of reclamation of
the mining site Mass Grading Plan was approved on August 6, 2014 Approval of Ordinance
2014-80 therefore revoked and released the property from the September 28,1990, vesting of
the Jahna Clermont East Mine (Tracking #90/10/5), which was to be reclaimed through the
proposed mass grading Ordinance 2006-30 (Tracking #110-05-PUD) All further grading for
the project must be in accordance with City standards
Section 6 — Environmental Services:
The developer shall connect to the existing City system at connection point or points
approved by the City
2 The route of any off -site lines shall be according to engineering plans produced by the
developer and approved by the City
Any proposed City -maintained utilities that are not located within a City -maintained nght-of-
way shall be placed in a utility easement dedicated to the City Easements shall be provided
at no expense to the City Utilities are allowed to be placed within the County build out right-
of-way along Hartle Road
CITY OF CLERMONT
ORDINANCE No. 2016-20
4 The developer shall be responsible for all costs of on -site and off -site improvements,
including, but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the City to serve the property
Any existing utilities must stay in service throughout construction If the construction
requires that the utilities be relocated or altered, the developer shall prepare plans, permit the
project and construct the modification at the developer's expense
6 No building permits shall be issued until water and sewer are provided to the site or until a
bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site
improvements No Certificate of Occupancy shall be issued until water and sewer extensions
have been completed and accepted by the City
7 In the event the City chooses to oversize the lines or appurtenances, the City shall provide to
the developer specifications regarding sizes to be included in the final improvement plans
8 The City shall be responsible for the difference in cost of materials to oversize the line if the
City chooses to oversize based on plans and cost estimates provided by the developer to the
City and approved in advance by the City
9 The developer shall provide to the City a cost estimate for materials for the minimum size
lines and appurtenances and a cost estimate for materials for the approved oversize Cost
estimates shall be contractors' bid as certified by developer's project engineer The City
shall review and either approve or reject the costs
10 The developer and City shall agree on the cost difference, which will be the responsibility of
the City, prior to commencement of construction
11 Reimbursement for the difference in costs as determined in Section 8 and 9 from the City
shall be in the form of Impact Fee Credits
12 The Impact Fee Credits shall be established subject to Sections 8 and 9 and at the time of
issuance of each building permit by applying the then current impact fee, which shall be
deducted from the Impact Fee Credit balance until credit is used
13 Impact Fee Credits may not be transferred outside of the property, but may be assignable to
any heirs, assigns or successors in interest or title to part or all of said property
14 The developer shall be responsible for all applicable fees, including, but not limited to impact
fees, connection fees and permitting fees
15 The City may require a looped system to provide reliability and redundancy to the property
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CITY OF CLERMONT
ORDINANCE No. 2016-20
16 Central water and sewer connection shall be provided in accordance with the comprehensive
plan and Land Development Code, as amended
17 The project shall be plumbed for reuse water with purple piping to irrigate single family lots
Irrigation of common areas shall be from a well
18 A master lift station shall be designed and constructed on a 50-foot-by-50-foot lot dedicated
to the City Lift station shall be designed to allow for the connection of the existing force
main on Hartle Road A 20-inch force main shall be constructed from the master lift station
to the existing 30-inch force main located on CW Harrell Road
19 A minimum eight -inch potable water main (east -west main) shall be constructed from the
western project boundary to Hartle Road at such location that allows for the future extension
of Hartle Road and a minimum eight -inch potable water main (north -south main) shall be
constructed from State Road 50 to the proposed east -west main
20 A 12-inch potable water main shall be constructed from the proposed terminus of a 12-inch
potable water main on Hartle Road, which is to be constructed in conjunction with Lake
County Fire Station #90/Clermont Fire Station #104, south to the existing potable water main
on Lost Lake Road
21 A 16-inch reuse main shall be constructed from the eastern property line along the build out
Hartle Road right-of-way to the existing 30-inch reuse main located on CW Harrell Road
22 All utilities shall be designed and installed as per the City's specifications and approved by
City staff
23 Drainage/Stormwater Management The developer shall submit drainage calculations and a
stormwater management plan when filing for final engineering approval The Homeowners
Association (HOA) shall be responsible for maintenance of all stormwater ponds and
drainage systems for private streets
24 Easements shall be provided on any existing and proposed utilities that the City will own and
maintain at no expense to the City
25 Fiber optic conduit and pull boxes may be required to be installed by the developer in the
easements to extend the City's fiber optic network 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
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CITY OF CLERMONT
ORDINANCE No. 2016-20
26 The developer reserves its rights, pursuant to Section 2-267 — Credits, of the City Code, to
enter into an impact fee agreement with the City which shall provide for the establishment of
credits and payment of impact fees in a specified manner and time The terms and conditions
of an impact fee agreement between the developer and the City may replace or supersede the
conditions contained in the Planned Unit Development approved for development
Section 7 — Transportation Improvements/Access Management:
The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements Prior to the issuance of the first Certificate
of Occupancy, a secondary entrance shall be constructed off Hartle Road for the residents of
the development
2 The developer shall dedicate on the final plat a 120-foot nght-of-way for Hartle Road,
necessary to accommodate permanent construction plus additional slope easements (not to
exceed 100 feet in total width), in accordance with the preferred route outlined within Lake
County's PD&E study for the realignment of Hartle Road The slope easement shall be
identified at preliminary plat and shown on the final plat The developer shall coordinate
with the County and City on alignment and grading of Hartle Road The slope easement
width will be adjusted with design plans approved by Lake County and the City
In the alternative, the land within the slope easement area maybe graded by the developer for
future roadway alignment With County approval of the grading plan and completion of
grading work by the developer, the slope easement requirement may be deemed complete
A waiver to Section 94-195(b)(3) of the Land Development Code is granted to allow cuts and
fills of up to'twenty (20) feet for the construction of Hartle Road to accommodate required
road grades in consideration of the existing topography in the road right-of-way
3 By virtue of the transportation system needs for the project, the developer shall dedicate on
the Final Plat a 100-foot right-of-way for Hooks Street within the project boundary, from the
northwest corner, along the north property line, to northeast corner of the project boundary
In addition to this 100-foot nght-of-way, additional land necessary to accommodate
temporary construction easements, not to exceed 100 feet in width, shall be provided The
slope easement shall be identified at Preliminary Plat and shown on the Final Plat The
developer shall coordinate with the County and City on alignment and grading of Hooks
Street The slope easement width will be adjusted with design plans approved by the County
and the City
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CITY OF CLERMONT
ORDINANCE No. 2016-20
4 At the developer's option and approval by Lake County, the developer may construct Hartle
Road a distance of approximately 4,365 feet from its proposed terminus, which is to be
constructed in conjunction with Lake County Fire Station #90/Clermont Fire Station #104, to
approximately 315 feet north of the southern project boundary If the developer constructs
Hartle Road, a developer's agreement between the County and the developer shall be
executed for the construction of Hartle Road and for the allocation of transportation impact
fee credits associated with the construction
5 The developer shall accommodate stormwater retention capacity sufficient for Hartle Road
and Hooks Street drainage requirements based on stormwater permitting requirements in
place at the time of approval of this Planned Unit Development within the limits of drainage
basin along the route alignments The developer intends to utilize on -site ponds as an
amenity and desires for the runoff to be treated to remove roadway debris collected
Therefore, the County shall provide pre-treatment of the water for debris, such as a skimmer,
at the latest terminus before the runoff water enters the water body At time of Hartle Road
and Hooks Street final design, the County shall coordinate with the developer for final
configuration of Hooks Street and Hartle Road roadway stormwater system connection to the
on -site drainage system acceptable to both the County and the developer The County shall
bear the cost of the roadway drainage connection to the on -site stormwater system The
Hartle Road and Hooks Street stormwater sewer shall be separate from the Planned Unit
Development stormwater system, unless a coordinated system design is provided by the
developer It shall be located within a drainage easement to Lake County having a straight
alignment, direct access from County right-of-way and storm pipe not shared with
developer's system The County shall also have an easement over the shared stormwater
ponds The developer shall coordinate with the County on pretreatment design and
construction
6 A public hearing shall be required for the Island Boulevard right-of-way vacation The
developer will be responsible to submit and pay for the vacation petition request The
relocation of Island Boulevard shall not occur until the City has granted approval for the
vacation through a public hearing Approval of the road vacation is not guaranteed Paved
access shall be maintained to the existing developments along the current Island Boulevard
Before Island Boulevard right-of-way is vacated, new right-of-way must be dedicated and
new road must be constructed and accepted by the City as a public roadway The right-of-
way vacation may be conditioned upon the new road alignment of Island Boulevard being
constructed, open to traffic, and accepted by the City
7 The developer, at its expense, shall be required to improve Emil Jahna Road from its project
entrance north to State Road 50 and shall pay to modify the existing traffic signal, as needed,
to accommodate turning movements from Emil Jahna Road onto State Road 50 Emil Jahna
Road shall be improved to facilitate safe and efficient traffic flow from the project entrance
to and including the intersection at State Road 50
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CITY OF CLERMONT
ORDINANCE No. 2016-20
The improvements will consist of the following
a Reconstructing the roadway to meet current standards,
b Turn lane improvements and any associated signal modifications at the intersection
of Emil Jahna Road and State Road 50 as determined to be necessary by a
transportation analysis to be approved by the applicable governmental agencies, the
City, the County and/or Florida Department of Transportation,
c The reconfiguration of the westbound left -turn lane on State Road 50 to provide
dual turning movements (removing the current striping to open the additional left -
turn lane) as warranted by the traffic impact study, and
d A waiver to Section 110-194(3) and (4) of the Land Development Code is granted to
allow construction of a 10=foot wide concrete sidewalk along only the west side of
Emil Jahna Road to serve as a multipurpose path for both pedestrians and cyclists in
lieu of in -street bikeways and five-foot wide sidewalks on both sides due to the
constrained right-of-way width
Sidewalks/Streets
a Sidewalks to be constructed on both sides of residential and commercial streets
b Streets shall have F-type curb and street pavement must be a minimum 24 feet wide
c Right-of-way width for residential streets must be a minimum 60 feet
d A waiver to Section 110-192(1) of the Land Development Code is granted to allow
private streets with gates Streets within the development will be gated and will be
maintained by the developer or Home Owners Association
e A waiver to Section 110-195(b) of the Land Development Code is granted to allow
construction of 20-foot-wide, one-way alleys with 12 feet of pavement as long as 20
feet of unobstructed emergency access is maintained, unless greater distances are
warranted by fire code
9 Roadway Lighting The developer shall arrange with the power utility provider for
installation of street lights along Emil Jahna Road The cost of installation shall be paid by
the developer, and the ongoing rental of lights shall be paid by the developer or
WaterBrooke's Homeowner's Association
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CITY OF CLERMONT
ORDINANCE No. 2016-20
Section 8 — Schools
School concurrency shall be met before final plat approval in accordance with the Comprehensive
Plan and Land Development Code
Section 9 — Lighting
Exterior lighting shall be in accordance with the Land Development Code, as amended
Section 10 — Fire Protection and Emergency Services Access
Fire Protection and Emergency Services Access Access and fire safety requirements of the
development shall be provided in accordance with the Florida Fire Prevention Code and Land
Development Code, as amended A secondary emergency access approved by the City's fire marshal
shall be designated and constructed prior to the issuance of the first building permit
Section 11— Concurrency Management Requirements
Concurrency Management Requirements Any development shall comply with the Lake County and
the City of Clermont Concurrency Management System, as amended
Section 12 — Development Review and Approval
Prior to the issuance of -permits, the developer shall be required to submit a Preliminary Plat,
Construction Plans, and Final Plat generally consistent with Exhibit "B" - Conceptual Plan,
prepared by Donald W McIntosh Associates, Inc , dated 3/30/16 for review and approval in
accordance with the Comprehensive Plan and Land Development Code, as amended
2 Planned Unit Development Expiration Pursuant to Exhibit B4 of the Stipulated Settlement
Agreement between the County and Nola Land Company, Inc, which was executed by the
last party (Lake County) on July 26, 2011, the development described in Ordinance #2006-30
is vested for a period of 12 years from execution of the agreement Accordingly, physical
development of the Planned Unit Development shall commence by July 26, 2023 Failure to
commence construction by July 26, 2023 shall cause the automatic revocation of this
Ordinance
Section 13 — Future Amendments to Statutes, Code, Plans, and/or Re ulations
The specific references in this Planned Unit Development to the Florida Statutes, Florida
Administrative Code, City Comprehensive Plan, and City Land Development Code shall include any
future amendments to the statutes, code, plans, and/or regulations
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CITY OF CLERMONT
ORDINANCE No. 2016-20
Section 14 — Additional Conditions
After establishment of the facilities as provided herein, the aforementioned property shall
only be used for the purposes named in this Planned Unit Development Any other proposed
use must be specifically authorized by the Clermont City Council
2 No person, firm, or corporation shall erect, construct, enlarge, alter, repair, remove, improve,
move, convert, or demolish any building structure, add other uses, or alter the land in any
manner within the boundaries of the above described land without first obtaining the
necessary approvals in accordance with the Clermont Code of Ordinances, as amended, and
obtaining the permits required from the other appropriate governmental agencies
3 This Planned Unit Development shall inure to the benefit of, and shall constitute a covenant
running with the land and the terms, conditions, and provisions hereof, and shall be binding
upon the present owner and any successor, and shall be subject to each and every condition
herein set out
4 Construction and operation of the proposed use shall at all times comply with the regulations
of this and other governmental permitting agencies
5 The transfer of ownership or lease of any or all of the property described in this Planned Unit
Development shall be included in the transfer or lease agreement, a provision that the
purchaser or lessee is made good and aware of the conditions established by this Planned
Unit Development and agrees to be bound by these conditions The purchaser or lessee may
request a change from the existing plans and conditions by following procedures contained in
the Land Development Code, as amended
SECTION 15:
This Ordinance shall be published as provided by law, and it shall become law and take effect upon
its Second Reading and Final Passage
15
CITY OF CLERMONT
ORDINANCE No. 2016-20
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CITY OF CLERMONT
ORDINANCE No. 2016-20
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 24th day of May, 2016
CITY OF CLERMONT
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t Gail L Ash, Mayo
Tracy Ac oyd Howe, City Clerk
Approved,#.s.�and legality