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Ordinance No. 2020-40CITY OF CLERMONT ��- ORDINANCE NO.2020-40 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. 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 (hereinafter referred to as the "Property"): LEGAL DESCRIPTION ALL OF TRACTS 47, 50, 51, 52, 53, 59, 60, 61, 62, AND 63, A PORTION OF TRACTS 33, 34, 35, 41, 45, 46, 48, 49, 54, 55, 58 AND 64, A PORTION OF THAT CERTAIN UN -IMPROVED 30.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 41, 44-46, 48 AND THOSE CERTAIN UN -IMPROVED 30.00 FOOT PLATTED RIGHT OF WAYS LYING SOUTH OF TRACT 47 AND WEST OF TRACTS 52 AND 61, THAT CERTAIN UN- IMPROVED 15.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 59 - 63 AND A PORTION OF THAT CERTAIN UN -IMPROVED 15.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACT 58 AND EAST OF U.S. HIGHWAY 27, ALSO A PORTION OF SAID RIGHT OF WAY LYING SOUTH OF TRACT 64 AND WEST OF SCHOFIELD ROAD; SAID TRACTS AND UN -IMPROVED RIGHTS OF WAY LYING WITHIN THE PLAT OF MONTE VISTA PARK FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING EAST OF US HIGHWAY 27, SOUTH AND WEST OF SCHOFIELD ROAD IN SECTION 21 TOWNSHIP 23 SOUTH, i7_WrolDf►11W.`110 1� CI �Ze�J�y�I�1�L�/My�E A PORTION OF THE NORTH 1/2 OF SECTION 28, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING EAST OF US HIGHWAY 27 AND WEST OF SCHOFIELD ROAD. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE S89° 14'48"W ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SCHOFIELD ROAD AND THE POINT OF BEGINNING; THENCE S00001'04"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 931.06 FEET; Page I 1 of 17 CITY OF CLERMONT ORDINANCE NO. 2020-40 THENCE N89042'25"W, A DISTANCE OF 1573.58 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 690.00 FEET, A CENTRAL ANGLE OF 37001'49", A CHORD BEARING OF N71°09'08"W AND A CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 445.95 FEET TO A POINT OF TANGENCY ; THENCE N52°38'14"W, A DISTANCE OF 141.27 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 37-11'05", A CHORD BEARING OF N71 ° 13'47"W AND A CHORD DISTANCE OF 133.91 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 136.29 FEET TO A POINT OF TANGENCY; THENCE N89°49'20"W, A DISTANCE OF 402.76 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 122°26'41", A CHORD BEARING OF N89057'14"W AND A CHORD DISTANCE OF 157.77 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 192.34 FEET TO A POINT OF NON TANGENCY; THENCE N90000'00"W, A DISTANCE OF 401.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 36034'07", A CHORD BEARING OF S71 °42'56"W AND A CHORD DISTANCE OF 131.77 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 134.03 FEET TO A POINT OF TANGENCY; THENCE S53°25'53"W, A DISTANCE OF 138.26 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 700.81 FEET, A CENTRAL ANGLE OF 36°26'20", A CHORD BEARING OF S71056'47"W AND A CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 445.70 FEET TO A POINT OF TANGENCY; THENCE N89050'03"W, A DISTANCE OF 309.89 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY 27 ALSO KNOWN AS STATE ROAD 25 (VARIABLE RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FP NO.238422 1 DATED NOVEMBER 8, 2005); THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TEN (10) COURSE AND DISTANCES; NO 1 026'21 "E, A DISTANCE OF 243.71 FEET; THENCE S88033'39"E, A DISTANCE OF 172.00 FEET; THENCE NO1 °26'21 "E, A DISTANCE OF 130.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 5426.57 FEET, A CENTRAL ANGLE OF 03°25'59", A CHORD BEARING OF N03009'20"E AND A CHORD DISTANCE OF 325.11 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 325.16 FEET TO THE END OF SAID CURVE; THENCE N89059'56"W, A DISTANCE OF 172.60 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5598.79 FEET, A CENTRAL ANGLE OF 10°19'04", A CHORD BEARING OF N09°52'52"E AND A CHORD DISTANCE OF 1006.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1008.24 FEET TO THE END OF SAID CURVE; THENCE S74057'37"E, A DISTANCE OF 10.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5588.79 FEET, A CENTRAL ANGLE OF 05031'44", A CHORD BEARING OF N17048'16"E AND A CHORD DISTANCE OF 539.10 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 539.31 FEET TO THE END OF SAID CURVE; THENCE S6902552"E, A DISTANCE OF 9.78 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5579.01 FEET, A CENTRAL ANGLE OF 02°25'19", A CHORD BEARING OF Page 12of17 CITY OF CLERMONT Ca_A;_� ORDINANCE NO.2020-40 N21046'48"E AND A CHORD DISTANCE OF 235.82 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 235.84 FEET TO THE END OF SAID CURVE; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S67038'24"E, A DISTANCE OF 469.15 FEET; THENCE S89°50'54"E, A DISTANCE OF 664.70 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 120°00'00", A CHORD BEARING OF S89052'26"E AND A CHORD DISTANCE OF 155.88 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 188.50 FEET TO THE END OF SAID CURVE; THENCE S89054'20"E, A DISTANCE OF 724.09 FEET; THENCE N00006'56"E, A DISTANCE OF 771.53 FEET; THENCE S89°53'03"E, A DISTANCE OF 297.15 FEET; THENCE N44°56'39"E, A DISTANCE OF 56.40 FEET; THENCE N00° 13'39"W, A DISTANCE OF 433.99 FEET TO THE SOUTH RIGHT OF WAY LINE SCHOFIELD ROAD; THENCE RUN EASTERLY AND SOUTHERLY ALONG SAID RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: THENCE N89030'42"E, A DISTANCE OF 1304.07 FEET; THENCE S50010'00"E, A DISTANCE OF 102.97 FEET; THENCE S00023'52"W, A DISTANCE OF 2510.57 FEET TO THE POINT OF BEGINNING. CONTAINING: 10,612,604 SQUARE FEET OR 243.63 ACRES MORE OR LESS. LOCATION 1.5 miles south of the Lake Louisa Road and US Highway 27 intersection East of US Highway 27 and West of Schofield Road From: Urban Transition (UT) To: Planned Unit Development (PUD) SECTION 2. The exhibits below are contained in this Planned Unit Development Ordinance and shall be referenced throughout the document and the life of the Planned Unit Development. Exhibit 1: Olympus Planned Unit Development Revised Regulating Plan — dated 11/18/2020_ Exhibit 2: Olympus Planned Unit Development Revised Site Plan—11/19/2020 Exhibit 3: Olympus Planned Unit Development Standards Exhibit 4: Olympus Equivalency -Trip Conversion Matrix Exhibit 5: Olympus Grading Plan Exhibit 6: Olympus Flag and Banner Locations Exhibit 7: Olympus Right -of -Way Cross Section Exhibit 8: Olympus Trail Network Exhibit 9: Olympus Transportation Impact Study/Proportionate Share SECTION 3: GENERAL CONDITIONS The Planned Unit Development approved herein shall allow for residential, commercial, office, sports & performance venues, open space and civic uses on the Property subject to the following conditions: Page 13 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 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 Olympus Sports and Entertainment (OSE) Planned Unit Development Site Plan, prepared by GGI-Tapestry LLC, and incorporated herein and made a part hereof as Exhibit 2 — dated 11/19/2020. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. For purposes herein, the term "Developer" shall include the applicant at the time that this Ordinance is approved and any successor party in interest, including but not limited to a Community Development District created as provided by law and governing the entire project and any transferee, successor or assignee of any of the Property that is the subject of this Ordinance. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City will reimburse the developer at 100 percent for all documented and actual costs including design, permitting, materials, and construction of the fiber optic conduit and pull boxes. At the time of site plan review, the City's Information Technology Director or authorized designee will make this determination. 6. Easements shall be provided to the City at no expense to the City authorizing the City's unrestricted access to any existing and proposed utilities that the City will own and maintain. 7. For purposes of this Ordinance, the following activities shall not be regulated as Development, unless otherwise specifically noted herein: a) The division of land into parcels where no new street is involved. b) A transfer of title to land not involving the division of land into parcels. c) The creation or termination of easements concerning use of land, or other rights, except that no easement required by this Ordinance or any plat or dedicated to the City may be terminated without the approval of the City Council. d) The recording of any documents or plats expressly for the purposes of reference or attachment to a publicly recorded document, when such recording does not result in subdivision of land into parcels. Such recording may include, but is not limited to, documents such as master deeds or covenants, or plats for mortgage or Community Page 14 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 Development District filing purposes only. e) Subdivision of land into parcels less than 5,000 square feet exclusively for the provision of public utilities, such as pump stations. f) Under -brushing, or bush -hogging that does not involve removal of trees that require a permit for removal. 8. Any development condition or land use entitlement approved for and related to the Property prior to the adoption of this Ordinance and not revised, amended, changed or repealed herein, including any required Traffic Impact Analysis, Florida Department of Transportation or County driveway permits, Wetland Permits, Utility permits, School Board concurrency agreement or St. Johns River Water Management District drainage permits shall remain in full force and effect and applicable to the Property, provided the permit or approval does not expire and otherwise remains valid. If significant changes requiring Major Modification or Planned Unit Development rezoning are made to the proposed development hereunder, associated studies, agreements and surveys required as part of the City standard development process shall be performed or re -certified. If the prior development permits, agreement or approval expire, are revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise become invalid, any subsequent development of the site shall be subject to the procedures and standards of the City and this Ordinance. SECTION 4: LAND USES AND CONDITIONS The Olympus Planned Unit Development gross development density & intensity will not exceed the Comprehensive Plan maximum of 12 dwelling units/acre residential and .25 Floor Area Ratio non-residential (gross acreage). To ensure cumulative compliance with this condition, the applicant/developer shall provide a table with the current and proposed total cumulative number of residential units, Floor Area Ratio, and Impervious Surface Ratio (ISR) for each phase of development or each site plan review. The Olympus Planned Unit Development Regulating Plan, attached hereto and incorporated herein as Exhibit 1, with a revised date of 11-18-2020, shall govern the land uses and location within the project. 2. The current use of the property is agriculture and may continue this use until clearing or grading for development occurs. 3. The Olympus Sports and Entertainment Planned Unit Development Revised Site Plan, Exhibit 2—11/19/2020 and Olympus Planned Unit Development - Development Standards, dated November 19, 2018 incorporated herein and made a part hereof as Exhibit 3, shall govern the dimensional requirements, buffering, architectural styles, landscaping, lighting, parking, open space, and other vertical and horizontal improvements for the project. Additional functional or performative open space may be created by detailed Site & Building envelope design as an unregulated substantial change to the Site and Development standards may be possible, with City Manager, or designee approval. 4. The City shall have the right to install public purpose signage on or in conjunction with the Page 15of17 CITY OF CLERMONT ORDINANCE NO.2020-40 pedestrian bridge over US Highway 27. 5. School concurrency shall be met before any final site plan approval that contains residential uses that will generate school age children in accordance with the Comprehensive Plan and Land Development Code. Olympus may plat the residential tracts in accordance with the Regulating Plan (Exhibit 2) in order to maintain its concurrency reservation certificate #LCS APF19-2018 issued by Lake County School Board on Friday, October 12, 2018. Said Concurrency Reservation Certificate and Cover Letter stipulate a one (1) year period to enter into a Developer Agreement or Planned Unit Development adoption by ordinance with the City of Clermont. Furthermore, the same School Board Certificate and Cover Letter stipulate two (2) six month extensions to secure plat approval. 6. To facilitate the City's ability to provide fire protection for this development and future developments of the surrounding area, the Developer agrees to convey a parcel to the CITY for a fire station site, in a location to be agreed upon by the City (the "Fire Station Site"). The Fire Station Site shall be dedicated to the City, as approved and accepted by the City when a surveyed legal description for the final location thereof is available but no later than one (1) year from the date of the approval hereof. The site shall be of sufficient size to accommodate a 10,000 square foot station. The Fire Station Site shall be provided with access to a public road at connection and access points acceptable to the City; sufficient capacity for offsite storm and ground water retention, water and sewer lines stubbed out to the site and any necessary fill material to ensure the Fire Station Site is at grade and level. The City shall notify the Developer in writing one (1) year prior to the date that it intends to start construction of the contemplated fire station on the site, whereupon the Developer and the City shall coordinate the timely completion of the access, grading and stub -outs. Upon dedication of the real property for the Fire Station Site, the Developer shall be entitled to fire impact fee credits in the per acre fair market value of the dedicated property that is consistent with the per acre purchase price paid by the Developer for property that is the subject hereof. For purposes herein, the Developer shall provide to the City such reasonable verification as to the actual purchase price for the subject 243 +/- acres and the parties shall enter into a fire impact fee credit agreement consistent herewith. 7. The project may have elevations changes as shown on the Grading Plan incorporated and made a part hereof as Exhibit 5. Page 16 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 8. Any applicant for development of any portion of the Property may submit an application for multiple approvals as may be required under the City Code and request that such multiple applications be processed concurrently; however, such concurrent processing shall meet all applicable procedural and advertising requirements and shall proceed at the applicant's own risk, and shall have no implication in regard to the approval of any of the various approvals requested. 9. The City Manager or his designee shall have the authority, but not the obligation, to authorize modification of up to 10% from any numerical standard set forth in this Ordinance or, when applicable, City Code. Provided, however that the authority granted herein shall not apply to any land use regulation, cut and fill, or height standard. 10. Straight or angular lot and block patterns may be used in lieu of curvilinear. 11. Sporting events located within defined venues & operational programming of outdoor Planned Unit Development activity spaces for event related vendors, displays, concessions, performance, processions or cheer zone activities shall be permitted and shall be considered routine and customary activities in the following defined Planned Unit Development site zones: West Lake Lakeside Amphitheater East Lake Champions Plaza Trail System Stadium Promenade Olympus Village Olympus Village Plazas Athlete Center Plaza All such events shall be subject to the City's Special Event Permitting and review process. SECTION 5: LANDSCAPING, BUFFERING, AND SCREENING 1. Landscape Buffers shall not be required in any area internal to the Planned Unit Development boundary. Required landscape or buffers along the perimeter of the Planned Unit Development boundary shall be met by a combination of street trees and planting within the right-of-way of any adjacent easement of perimeter roads. 2. Perimeter landscape buffers adjacent to the Planned Unit Development boundary shall occur to the extent that building placement and frontage in accordance with Exhibit 2, does not allow for the placement of perimeter landscape buffers such perimeter landscape requirements shall not be required. Two (2) Vehicle Use Areas (VUA) landscape areas shall exist parallel to parking isles and at perimeter locations and the termination of parking isles. No internal parking islands for landscape or gaps in parking isles are required. Perimeter landscape buffer areas may, subject to applicable public safety standards, utilize public right-of-way areas for planting landscape buffers. 4. Landscape island width shall be a minimum of nine (9) feet. Page 17 of 17 dr CITY OF CLERMONT ORDINANCE NO.2020-40 5. Dumpsters or trash receptacles located in sub -surface vaults in such a manner as the dumpster or receptacle is substantially screened from public view, shall not require screening. 6. Fencing shall be measured for height at the base of the fence if co -located with a wall or terrace. Security or equipment enclosures internal to the Planned Unit Development may utilize fence height to 10' to screen equipment. 7. 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. SECTION 6: 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. Grading shall be completed in accordance with the approved grading plan for the project set forth in Exhibit 5. Terraces constructed within the boundary of the Planned Unit Development shall include edge protection elements as required by applicable codes but shall not be required to include a five (5) foot landscape buffer along the terrace boundary. SECTION 7: ENVIRONMENTAL SERVICES 1. The developer shall connect to the existing City potable water, sanitary sewer and reclaimed water (when available) systems at connection point or points approved by the City. 2. The route of any off -site utility 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 dedicated public right- of-way shall be placed in a utility easement dedicated to the City. Easements shall be provided at no expense to the City and in a form acceptable to the City. 4. The Developer shall be responsible for all costs of on -site and off -site utility improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the City to serve the property. 5. Any existing dedicated City of Clermont utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the Page 18 of 17 is CITY OF CLERMONT 0 ORDINANCE NO.2020-40 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 improvements have been completed and accepted by the City. 7. The City may require a looped system to provide reliability and redundancy to the property. 8. The project shall be plumbed for reuse water with purple piping to irrigate all uses. 9. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. 10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and a stormwater management plan when filing for final engineering approval. A lawfully created Community Development District or other entity acceptable to the City, shall be responsible for maintenance of all private stormwater ponds and drainage systems and improvements. Unless otherwise provided in the approved plans or plat for the Project, or in a separate agreement approved by the City, all such improvements located on the private property, including, streets, roads and bike or pedestrian paths, shall be maintained by the Community Development District or other entity acceptable to the City. 11. 10' utility lateral line easements may be used in lieu of 15' in order to accommodate standard 10'building separation. 12. Lift station access may utilize 20' easement over access ways to connect to public dedicated road. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. To the extent that any water, sewer or reclaimed improvements provide capacity additional to that is required to serve the Project, 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 this Planned Unit Development. SECTION 8: TRANSPORTATION IMPROVEMENTS/ACCESS MANAGEMENT The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements, including but not limited to, a Page 19 of 17 dr CITY OF CLERMONT P7: ORDINANCE NO.2020-40 traffic/transportation impact study reviewed and approved by Lake -Sumter Metropolitan Planning Organization. The Developer shall timely complete all required mitigation and other improvements as may be applicable. 2. The Developer shall enter into a Transportation Impact Fee Credit agreement with Lake County and the City of Clermont by May 15, 2021or prior to the issuance of a building permit, whichever comes first; which should be based upon Exhibit 9 - Olympus Transportation Impact Study/Proportionate Share, subject to final approval by FDOT, Lake County and the Lake -Sumter MPO. The Agreement shall require the Developer to fund improvements for Consery right-of-way, design and permitting of roadways and/or construction of roadways for Transportation impact fee credits based upon the following priorities: i. Payment in escrow to Lake County for the acquisition of the four lane right- of-way from Consery for Wellness Way; ii. Design and permitting of Wellness Way from US 27 to the Orange County line as a four lane roadway; iii. Construction of Wellness Way from Hancock Road to the Orange County line as the first two lanes of the ultimate four lane roadway; iv. Payment in escrow to Lake County for the acquisition of the four lane right- of-way from Consery for Hancock Road; v. Design and permitting of Hancock Road from Wellness Way to the northern boundary of the Consery property as a four lane roadway; vi. Construction of Hancock Road from Wellness Way to the entrance of the Fuqua project south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane roadway; vii. Construction of the 3rd and 4th lanes of Wellness Way from US 27 to the Hancock/Schofield intersection; 3. The Developer will be responsible for their proportionate share of traffic signals, when warranted, at the time of construction for intersections that serve the project, including Wellness Way. The proportionate share shall be based upon the actual cost of traffic signals at the time they are constructed. 4. The Community Development District shall be responsible to maintain all landscaping, hardscaping, traffic control devices, and stormwater conveyance systems on all private streets and the planned Olympus Blvd. For purposes herein, the Community Development District and the City shall enter into a separate Interlocal Agreement. Private drive isles, private access ways, private easements for vehicular use shall not be required to be platted or re -platted. 6. For intersections on private streets, angled right-of-way lines in lieu of 25' radius may be used to accommodate fencing and building walls. 7. Curb radii internal to development for streets or access ways may utilize a 10' curb radii Pagel 10 of 17 d+ CITY OF CLERMONT ORDINANCE NO.2020-40 to promote traffic calming and pedestrian intersection and crossing safety. 8. Street dimensions may be used in accordance with the Planned Unit Development Exhibit 7 Right -of -Way Street Cross Section for street sections for private "local" street types internal to the development, provided however final engineering plans are reviewed and approved by the City. 9. Sidewalks/Streets: a. The Developer may permit skateboards, electric scooters, electric skate boards, Segway's on any private street, sidewalk, vehicular use area, parking lot or space open to the general public within the boundary of the Planned Unit Development. b. The Developer may allow the selling of goods and services within the designated Planned Unit Development parks, squares, streets, sidewalks, promenades, plazas without additional permit so long as the activities do not diminish the public utility, security and accessibility of the space and are located on private property or common areas controlled and maintained by the Developer or assign(s). Property owners and commercial tenancy may be allowed to provide "gifts to the street" as a decorative embellishment in proximity to the commercial establishments. Provided however, nothing herein shall be construed to authorize the sale of good or services or the placement of a "gift to the street" or any other item on or about Olympus Boulevard or Epic Boulevard. C. Within the boundary of the Planned Unit Development on private streets, circulation ways, access ways use of any type of vehicle, electric carts, trams, "Neighborhood Electric Vehicles" (NEV) regardless of vehicle registration, may be permitted by the Developer. d. Context sensitive street design standards/solutions as published by AASHTO & ITE shall be utilized for private streets and right-of-way within the boundary of the Planned Unit Development where the design speed is 30 mph or under and City referenced Florida Department of Transportation highway standards and specifications do not align with low speed street design. 10. Parking: a. Parking spaces may be reduced to 9' x 18' providing 162 square feet. b. The Planned Unit Development may be developed using shared parking methodology, as determined by the Developer and reviewed and approved by the Site Review Committee. C. Oversized parking spaces within the Planned Unit Development may be provided by a single designated area and not allocated for all lots in excess of 100 spaces. Parking Garages shall not be required to provide oversized spaces internal to the Pagel 11 of 17 d• CITY OF CLERMONT ORDINANCE NO.2020-40 garage footprint. Neighborhood Electric Vehicles parking spaces may be provided in lieu of compact spaces where Developer operations provides assigned Neighborhood Electric Vehicles to event patrons, visitors, staff, security, facilities maintenance or production personnel. Convertible Neighborhood Electric Vehicles to standard parking spaces may be utilized for management of parking capacity for all site vehicles. d. On street loading zones utilizing parking restricted spaces during loading hours may be utilized Planned Unit Development private, streets, right-of-way and access ways in addition to dedicated permanent off-street loading spaces without regard to ratio based on the most local need for loading activity. Off-street Loading zone spaces shall be 10' x 25' minimum to 10' x 55' maximum. 11. The project development program can be modified based on the Olympus Sports & Entertainment Planned Unit Development Equivalency -Trip Conversion Matrix contained in Exhibit 4. Any change in the development program mix will require the converting of average daily trips between land uses based on the matrix. The matrix is designed to equate land uses based on equivalent traffic impacts such that use of the matrix should not impact the overall traffic impact of the project. The following are limitations on the use of the trip conversion matrix in Exhibit 4, without amending the Planned Unit Development: a. Residential uses can only be increased by 225 multi -family and 100 single-family units, with a maximum of 1,413 residential units. No additional conversion to residential uses is allowed. The project may utilize the affordable housing density bonus, as contained in the Land Development Code, Section 122-358, as a way for increased density on any single development site. b. Up to 50% of each of the General Office, Medical Office, and Recreational Community Center land use categories may be converted. These three uses may only be converted to one of the other two uses in these employment categories. C. Any matrix conversions shall be documented in the annual report. 12. Street lighting shall be included for all Planned Unit Development internal roadways and along Wellness Way and Olympus Boulevard adjacent to the project. The Developer shall coordinate with the power utility provider for the installation and placement. The Developer shall be responsible for the cost of installation. 13. The Developer shall coordinate with the City, Lake County, and any other State Agencies in the placement and designing of a multi -purpose trail along the project's boundary as shown in Exhibit 8 Olympus Trail Network. 14. Prior to the first Certificate of Occupancy in Phase 2, the Developer shall provide the City a Mobility Plan which documents the commitments being made to increase internal capture. Such commitments could include, but are not limited to Neighborhood Electric Vehicle programs, internal and external shuttle programs, and other related vehicular Pagel 12of17 6 CITY OF CLERMONT ORDINANCE NO.2020-40 reduction/internal capture strategies. SECTION 9: SIGNS 1. Developer shall prepare an overall master signage plan for City approval. Such application and approval shall supersede Chapter 102 where applicable. The project shall be subject to the City Code until the Developer receives approval from the City Council for an overall master signage plan. 2. Street light pole banners are permitted with no more than two per pole. The perimeter road network will be limited to every other pole for flag use. Internal roads may have flags as needed. The banners shall be associated with current events or activities within the Planned Unit Development boundary and in no event shall be used to advertise or promote any specific business. Flags may be placed at designated areas, as indicated on Exhibit 6 attached hereto and incorporated herein. The Urban Special Purpose District may incorporate video display monitors outdoors but within building envelopes, courtyards, and internal promenades (OEZ-1) which are oriented to the pre -event attendees & post event attendees and not visible to the general public. Event based Video Display application shall not be regulated as "signage" under the City Ordinance and shall not be regulated as "signage" under the Olympus Sports and Entertainment Planned Unit Development Signage Master Plan. Video Display placement may vary with event scale and may also include non -permanent interview & broadcast platforms. Mobile broadcast & video production equipment may also incorporate display monitors that serve the temporary event function. SECTION 10: ALCOHOL BEVERAGE ESTABLISHMENTS The restrictions set forth in 6-1 of the City Code as may be amended, shall not be applicable to the Planned Unit Development. SECTION 11: SCHOOL CONCURRENCY School concurrency shall be met before any residential final plat or residential site plan approval in accordance with the Comprehensive Plan and Land Development Code. SECTION 12: 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 13: DEVELOPMENT REVIEW AND APPROVAL 1. Prior to the issuance of permits, the Developer may be required to submit a Preliminary Plat, Construction Plans, and Final Plat generally consistent with Exhibit 2 for review and approval in accordance with the Comprehensive Plan and Land Development Code, as Page 113 of 17 CC CITY OF CLERMONT ORDINANCE NO.2020-40 amended. 2. Expiration of applicable incremental development orders or project development agreement shall not occur prior to the expiration of the Planned Unit Development which shall not be less than five (5) years after the planned last phase of the development program. SECTION 14: FUTURE AMENDMENTS TO STATUTES CODES PLANS AND/OR REGULATION(S ) 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. SECTION 15: ADDITIONAL CONDITIONS l . 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 aware of the conditions established by this Planned Unit Development and agrees to be bound by these conditions. This Ordinance shall at the expense of the Developer be immediately recorded in the Public Records of Lake County and shall as a matter of record and legal purposes run with and govern the future development of the Property. 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. 6. An annual report documenting the construction of entities and their phase along with assignment of rights shall be submitted to the City for review and approval no later than Page [ 14 of 17 4 CITY OF CLERMONT . ,gam.�NT ORDINANCE NO.2020-40 May 15" for the prior calendar year. The report shall also include a running total of constructed square footage. The report shall be prepared at the cost of the Developer and the sole responsibility of the Developer, or assigned designee. 7. This Ordinance shall be rendered null and void if substantial construction, such as site infrastructure, as determined by the City, has not commenced within two years of its effective date. 8. The following waivers were not approved as indicated in Exhibit 3: Olympus Planned Unit Development Standards. a. Building height measured using stories will use City standard for measuring. b. Laser lighting will use City standard until a Master Sign Plan has been reviewed and approved by City Council. c. Maximum area of signs will use City standard until a Master Sign Plan has been reviewed and approved by City Council. d. Telecommunication towers will be limited to 140 feet. e. Special events and Temporary uses will use City standard until the applicant produces an event type and specific procedural guidelines for Public Safety/City Manager review and approval. f. All indoor and Outdoor Entertainment will use City standard until the applicant produces an event type and specific procedural guidelines for Public Safety/City Manager review and approval. g. Industrial use/Waste related services will use City standard. h. Architectural standards will use City standards until Architectural Plans have been reviewed and approved by City Council. i. Definitions specific for Olympus Sports and Entertainment will use City standard until further clarified by the applicant. SECTION 16: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 17: 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 18: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Sections of 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. Page 115 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 SECTION 19: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 20: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. Page 116of17 • CITY OF CLERMONT ..- ORDINANCE NO.2020-40 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8th day of December, 2020. �'6 AA '. CITY OF CLERMONT • � FJ ATTEST: G� Tracy Ackroyd Howe, City Clerk Tim Murry, Mayor APPROVED AS TO FORM AND LEGALITY: ' 0'D Daniel F. Mantzaris, City Attorney Page 117 of 17 INSTRUMENT#: 2021050105 OR BK 5685 PG 1519 PAGES: 17 4/13/2021 11:17:15 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $146.00 " CITY OF CLERMONT ORDINANCE NO.2020-40 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, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN EFFECTIVE DATE. 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 (hereinafter referred to as the "Property"): LEGAL DESCRIPTION ALL OF TRACTS 47, 50, 51, 52, 53, 59, 60, 61, 62, AND 63, A PORTION OF TRACTS 33, 34, 35, 41, 45, 46, 48, 49, 54, 55, 58 AND 64, A PORTION OF THAT CERTAIN UN -IMPROVED 30.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 41, 44-46, 48 AND THOSE CERTAIN UN -IMPROVED 30.00 FOOT PLATTED RIGHT OF WAYS LYING SOUTH OF TRACT 47 AND WEST OF TRACTS 52 AND 61, THAT CERTAIN UN- IMPROVED 15.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACTS 59 - 63 AND A PORTION OF THAT CERTAIN UN -IMPROVED 15.00 FOOT PLATTED RIGHT OF WAY LYING SOUTH OF TRACT 58 AND EAST OF U.S. HIGHWAY 27, ALSO A PORTION OF SAID RIGHT OF WAY LYING SOUTH OF TRACT 64 AND WEST OF SCHOFIELD ROAD; SAID TRACTS AND UN -IMPROVED RIGHTS OF WAY LYING WITHIN THE PLAT OF MONTE VISTA PARK FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 27, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, LYING EAST OF US HIGHWAY 27, SOUTH AND WEST OF SCHOFIELD ROAD IN SECTION 21 TOWNSHIP 23 SOUTH, RANGE 26 EAST. TOGETHER WITH: A PORTION OF THE NORTH 1/2 OF SECTION 28, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING EAST OF US HIGHWAY 27 AND WEST OF SCHOFIELD ROAD. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 28; THENCE S89°1448"W ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28, A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SCHOFIELD ROAD AND THE POINT OF BEGINNING; THENCE S00001'04"E ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 931.06 FEET; Page I 1 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1520 PAGE 2 of 17 1 CITY OF CLERMONT ORDINANCE NO.2020-40 THENCE N89042'25"W, A DISTANCE OF 1573.58 FEET TO A POINT ON A NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 690.00 FEET, A CENTRAL ANGLE OF 37001-49", A CHORD BEARING OF N71°09'08"W AND A CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 445.95 FEET TO A POINT OF TANGENCY ; THENCE N52°38'14"W, A DISTANCE OF 141.27 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 37-11'05", A CHORD BEARING OF N71"1347"W AND A CHORD DISTANCE OF 133.91 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 136.29 FEET TO A POINT OF TANGENCY; THENCE N89°49'20"W, A DISTANCE OF 402.76 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 122026'41", A CHORD BEARING OF N89057'14"W AND A CHORD DISTANCE OF 157.77 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 192.34 FEET TO A POINT OF NON TANGENCY; THENCE N90000'00"W, A DISTANCE OF 401.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 36034'07", A CHORD BEARING OF S71 °42'56"W AND A CHORD DISTANCE OF 131.77 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 134.03 FEET TO A POINT OF TANGENCY; THENCE S53°25'53"W, A DISTANCE OF 138.26 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 700.81 FEET, A CENTRAL ANGLE OF 36°26'20", A CHORD BEARING OF S71056'47"W AND A CHORD DISTANCE OF 438.22 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 445.70 FEET TO A POINT OF TANGENCY; THENCE N89050'03 "W, A DISTANCE OF 309.89 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY 27 ALSO KNOWN AS STATE ROAD 25 (VARIABLE RIGHT OF WAY PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FP NO.238422 1 DATED NOVEMBER 8, 2005); THENCE RUN ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TEN (10) COURSE AND DISTANCES; NO 1 026'21 "E, A DISTANCE OF 243.71 FEET; THENCE S88°33'39"E, A DISTANCE OF 172.00 FEET; THENCE NOI"26'21"E, A DISTANCE OF 130.09 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 5426.57 FEET, A CENTRAL ANGLE OF 03025'59", A CHORD BEARING OF N03009'20"E AND A CHORD DISTANCE OF 325.11 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 325.16 FEET TO THE END OF SAID CURVE; THENCE N89°59'56"W, A DISTANCE OF 172.60 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5598.79 FEET, A CENTRAL ANGLE OF 10°19'04", A CHORD BEARING OF N09°52'52"E AND A CHORD DISTANCE OF 1006.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1008.24 FEET TO THE END OF SAID CURVE; THENCE S74057'37"E, A DISTANCE OF 10.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5588.79 FEET, A CENTRAL ANGLE OF 05031'44", A CHORD BEARING OF N17048'16"E AND A CHORD DISTANCE OF 539.10 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 539.31 FEET TO THE END OF SAID CURVE; THENCE S69025'52"E, A DISTANCE OF 9.78 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5579.01 FEET, A CENTRAL ANGLE OF 02°25'19", A CHORD BEARING OF Page 12 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1521 PAGE 3 of 17 CITY OF CLERMONT t� ORDINANCE N0.2020-40 N21 °46'48"E AND A CHORD DISTANCE OF 235.82 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 235.84 FEET TO THE END OF SAID CURVE; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE RUN S67038'24"E, A DISTANCE OF 469.15 FEET; THENCE S89150'54"E, A DISTANCE OF 664.70 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 90.00 FEET, A CENTRAL ANGLE OF 120-00-00", A CHORD BEARING OF S89°52'26"E AND A CHORD DISTANCE OF 155.88 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 188.50 FEET TO THE END OF SAID CURVE; THENCE S89054'20"E, A DISTANCE OF 724.09 FEET; THENCE N00°06'56"E, A DISTANCE OF 771.53 FEET; THENCE S89°53'03"E, A DISTANCE OF 297.15 FEET; THENCE N44°56'39"E, A DISTANCE OF 56.40 FEET; THENCE N00°13'39"W, A DISTANCE OF 433.99 FEET TO THE SOUTH RIGHT OF WAY LINE SCHOFIELD ROAD; THENCE RUN EASTERLY AND SOUTHERLY ALONG SAID RIGHT OF WAY THE FOLLOWING THREE (3) COURSES: THENCE N89°30'42"E, A DISTANCE OF 1304.07 FEET; THENCE S50°10'00"E, A DISTANCE OF 102.97 FEET; THENCE S00°23'52"W, A DISTANCE OF 2510.57 FEET TO THE POINT OF BEGINNING. CONTAINING: 10,612,604 SQUARE FEET OR 243.63 ACRES MORE OR LESS. LOCATION 1.5 miles south of the Lake Louisa Road and US Highway 27 intersection East of US Highway 27 and West of Schofield Road From: Urban Transition (UT) To: Planned Unit Development (PUD) SECTION 2. The exhibits below are contained in this Planned Unit Development Ordinance and shall be referenced throughout the document and the life of the Planned Unit Development. Exhibit 1: Olympus Planned Unit Development Revised Regulating Plan — dated 11/18/2020 Exhibit 2: Olympus Planned Unit Development Revised Site Plan—11/19/2020 Exhibit 3: Olympus Planned Unit Development Standards Exhibit 4: Olympus Equivalency -Trip Conversion Matrix Exhibit 5: Olympus Grading Plan Exhibit 6: Olympus Flab; and Banner Locations Exhibit 7: Olympus Right -of -Way Cross Section Exhibit 8: Olympus Trail Network Exhibit 9: Olympus Transrortation Impact Study/Proportionate Share SECTION 3: GENERAL CONDITIONS The Planned Unit Development approved herein shall allow for residential, commercial, office, sports & performance venues, open space and civic uses on the Property subject to the following conditions: Page 13 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1522 PAGE 4 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 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 Olympus Sports and Entertainment (OSE) Planned Unit Development Site Plan, prepared by GGI-Tapestry LLC, and incorporated herein and made a part hereof as Exhibit 2 — dated 11/19/2020. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development pen -nits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. For purposes herein, the tenn "Developer" shall include the applicant at the time that this Ordinance is approved and any successor party in interest, including but not limited to a Community Development District created as provided by law and governing the entire project and any transferee, successor or assignee of any of the Property that is the subject of this Ordinance. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City will reimburse the developer at 100 percent for all documented and actual costs including design, permitting, materials, and construction of the fiber optic conduit and pull boxes. At the time of site plan review, the City's Information Technology Director or authorized designee will make this determination. 6. Easements shall be provided to the City at no expense to the City authorizing the City's unrestricted access to any existing and proposed utilities that the City will own and maintain. 7. For purposes of this Ordinance, the following activities shall not be regulated as Development, unless otherwise specifically noted herein: a) The division of land into parcels where no new street is involved. b) A transfer of title to land not involving the division of land into parcels. c) The creation or termination of easements concerning use of land, or other rights, except that no casement required by this Ordinance or any plat or dedicated to the City may be terminated without the approval of the City Council. d) The recording of any documents or plats expressly for the purposes of reference or attachment to a publicly recorded document, when such recording does not result in subdivision of land into parcels. Such recording may include, but is not limited to, documents such as master deeds or covenants, or plats for mortgage or Community Page 14 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1523 PAGE 5 of 17 CLEAli. CITY OF CLERMONT ORDINANCE NO.2020-40 Development District filing purposes only. e) Subdivision of land into parcels less than 5,000 square feet exclusively for the provision of public utilities, such as pump stations. f) Under -brushing, or bush -hogging that does not involve removal of trees that require a permit for removal. 8. Any development condition or land use entitlement approved for and related to the Property prior to the adoption of this Ordinance and not revised, amended, changed or repealed herein, including any required Traffic Impact Analysis, Florida Department of Transportation or County driveway permits, Wetland Permits, Utility permits, School Board concurrency agreement or St. Johns River Water Management District drainage permits shall remain in full force and effect and applicable to the Property, provided the permit or approval does not expire and otherwise remains valid. If significant changes requiring Major Modification or Planned Unit Development rezoning are made to the proposed development hereunder, associated studies, agreements and surveys required as part of the City standard development process shall be performed or re -certified. If the prior development permits, agreement or approval expire, are revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise become invalid, any subsequent development of the site shall be subject to the procedures and standards of the City and this Ordinance. SECTION 4: LAND USES AND CONDITIONS The Olympus Planned Unit Development gross development density & intensity will not exceed the Comprehensive Plan maximum of 12 dwelling units/acre residential and .25 Floor Area Ratio non-residential (gross acreage). To ensure cumulative compliance with this condition, the applicant/developer shall provide a table with the current and proposed total cumulative number of residential units, Floor Area Ratio, and Impervious Surface Ratio (ISR) for each phase of development or each site plan review. The Olympus Planned Unit Development Regulating Plan, attached hereto and incorporated herein as Exhibit 1, with a revised date of 11-18-2020, shall govern the land uses and location within the project. 2. The current use of the property is agriculture and may continue this use until clearing or grading for development occurs. 3. The Olympus Sports and Entertainment Planned Unit Development Revised Site Plan, Exhibit 2—11/19/2020 and Olympus Planned Unit Development - Development Standards, dated November 19, 2018 incorporated herein and made a part hereof as Exhibit 3, shall govern the dimensional requirements, buffering, architectural styles, landscaping, lighting, parking, open space, and other vertical and horizontal improvements for the project. Additional functional or performative open space may be created by detailed Site & Building envelope design as an unregulated substantial change to the Site and Development standards may be possible, with City Manager, or designee approval. 4. The City shall have the right to install public purpose signage on or in conjunction with the Page 15 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1524 PAGE 6 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 pedestrian bridge over US Highway 27. 5. School concurrency shall be met before any final site plan approval that contains residential uses that will generate school age children in accordance with the Comprehensive Plan and Land Development Code. Olympus may plat the residential tracts in accordance with the Regulating Plan (Exhibit 2) in order to maintain its concurrency reservation certificate #LCS APF19-2018 issued by Lake County School Board on Friday, October 12, 2018. Said Concurrency Reservation Certificate and Cover Letter stipulate a one (1) year period to enter into a Developer Agreement or Planned Unit Development adoption by ordinance with the City of Clermont. Furthermore, the same School Board Certificate and Cover Letter stipulate two (2) six month extensions to secure plat approval. 6. To facilitate the City's ability to provide fire protection for this development and future developments of the surrounding area, the Developer agrees to convey a parcel to the CITY for a fire station site, in a location to be agreed upon by the City (the "Fire Station Site"). The Fire Station Site shall be dedicated to the City, as approved and accepted by the City when a surveyed legal description for the final location thereof is available but no later than one (1) year from the date of the approval hereof. The site shall be of sufficient size to accommodate a 10,000 square foot station. The Fire Station Site shall be provided with access to a public road at connection and access points acceptable to the City; sufficient capacity for offsite storm and ground water retention, water and sewer lines stubbed out to the site and any necessary fill material to ensure the Fire Station Site is at grade and level. The City shall notify the Developer in writing one (1) year prior to the date that it intends to start construction of the contemplated fire station on the site, whereupon the Developer and the City shall coordinate the timely completion of the access, grading and stub -outs. Upon dedication of the real property for the Fire Station Site, the Developer shall be entitled to fire impact fee credits in the per acre fair market value of the dedicated property that is consistent with the per acre purchase price paid by the Developer for property that is the subject hereof. For purposes herein, the Developer shall provide to the City such reasonable verification as to the actual purchase price for the subject 243 +/- acres and the parties shall enter into a fire impact fee credit agreement consistent herewith. 7. The project may have elevations changes as shown on the Grading Plan incorporated and made a part hereof as Exhibit 5. Page 16 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1525 PAGE 7 of 17 CITY OF CLERMONT ;o ORDINANCE NO.2020-40 8. Any applicant for development of any portion of the Property may submit an application for multiple approvals as may be required under the City Code and request that such multiple applications be processed concurrently; however, such concurrent processing shall meet all applicable procedural and advertising requirements and shall proceed at the applicant's own risk, and shall have no implication in regard to the approval of any of the various approvals requested. 9. The City Manager or his designee shall have the authority, but not the obligation, to authorize modification of up to 10% from any numerical standard set forth in this Ordinance or, when applicable, City Code. Provided, however that the authority granted herein shall not apply to any land use regulation, cut and fill, or height standard. 10. Straight or angular lot and block patterns may be used in lieu of curvilinear. 11. Sporting events located within defined venues & operational programming of outdoor Planned Unit Development activity spaces for event related vendors, displays, concessions, performance, processions or cheer zone activities shall be permitted and shall be considered routine and customary activities in the following defined Planned Unit Development site zones: West Lake Lakeside Amphitheater East Lake Champions Plaza Trail System Stadium Promenade Olympus Village Olympus Village Plazas Athlete Center Plaza All such events shall be subject to the City's Special Event Permitting and review process. SECTION 5: LANDSCAPING, BUFFERING, AND SCREENING 1. Landscape Buffers shall not be required in any area internal to the Planned Unit Development boundary. Required landscape or buffers along the perimeter of the Planned Unit Development boundary shall be met by a combination of street trees and planting within the right-of-way of any adjacent easement of perimeter roads. 2. Perimeter landscape buffers adjacent to the Planned Unit Development boundary shall occur to the extent that building placement and frontage in accordance with Exhibit 2, does not allow for the placement of perimeter landscape buffers such perimeter landscape requirements shall not be required. 3. Two (2) Vehicle Use Areas (VUA) landscape areas shall exist parallel to parking isles and at perimeter locations and the termination of parking isles. No internal parking islands for landscape or gaps in parking isles are required. Perimeter landscape buffer areas may, subject to applicable public safety standards, utilize public right-of-way areas for planting landscape buffers. 4. Landscape island width shall be a minimum of nine (9) feet. Page 17 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1526 PAGE 8 of 17 C_` CITY OF CLERMONT ORDINANCE NO.2020-40 5. Dumpsters or trash receptacles located in sub -surface vaults in such a manner as the dumpster or receptacle is substantially screened from public view, shall not require screening. 6. Fencing shall be measured for height at the base of the fence if co -located with a wall or terrace. Security or equipment enclosures internal to the Planned Unit Development may utilize fence height to 10' to screen equipment. 7. 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. SECTION 6: 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. Grading shall be completed in accordance with the approved grading plan for the project set forth in Exhibit 5. Terraces constructed within the boundary of the Planned Unit Development shall include edge protection elements as required by applicable codes but shall not be required to include a five (5) foot landscape buffer along the terrace boundary. SECTION 7: ENVIRONMENTAL SERVICES 1. The developer shall connect to the existing City potable water, sanitary sewer and reclaimed water (when available) systems at connection point or points approved by the City. 2. The route of any off -site utility 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 dedicated public right- of-way shall be placed in a utility easement dedicated to the City. Easements shall be provided at no expense to the City and in a form acceptable to the City. 4. The Developer shall be responsible for all costs of on -site and off -site utility improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations and other appurtenances necessary to allow the City to serve the property. Any existing dedicated City of Clermont utilities must stay in service throughout construction. If the construction requires that the utilities be relocated or altered, the Page 18 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1527 PAGE 9 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 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 improvements have been completed and accepted by the City. The City may require a looped system to provide reliability and redundancy to the property. The project shall be plumbed for reuse water with purple piping to irrigate all uses. 9. All utilities shall be designed and installed as per the City's specifications or as amended and approved by City staff. 10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and a stormwater management plan when filing for final engineering approval. A lawfully created Community Development District or other entity acceptable to the City, shall be responsible for maintenance of all private stormwater ponds and drainage systems and improvements. Unless otherwise provided in the approved plans or plat for the Project, or in a separate agreement approved by the City, all such improvements located on the private property, including, streets, roads and bike or pedestrian paths, shall be maintained by the Community Development District or other entity acceptable to the City. 11. 10' utility lateral line casements may be used in lieu of 15' in order to accommodate standard 10'building separation. 12. Lift station access may utilize 20' easement over access ways to connect to public dedicated road. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. To the extent that any water, sewer or reclaimed improvements provide capacity additional to that is required to serve the Project, 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 this Planned Unit Development. SECTION 8: TRANSPORTATION IMPROVEMENTS/ACCESS MANAGEMENT The development shall comply with all applicable City, County and Florida Department of Transportation access management requirements, including but not limited to, a Page 19 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1528 PAGE 10 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 traffic/transportation impact study reviewed and approved by Lake -Sumter Metropolitan Planning Organization. The Developer shall timely complete all required mitigation and other improvements as may be applicable. The Developer shall enter into a Transportation Impact Fee Credit agreement with Lake County and the City of Clermont by May 15, 2021or prior to the issuance of a building pen -nit, whichever comes first; which should be based upon Exhibit 9 - Olympus Transportation Impact Study/Proportionate Share, subject to final approval by FDOT, Lake County and the Lake -Sumter MPO. The Agreement shall require the Developer to fund improvements for Consery right-of-way, design and permitting of roadways and/or construction of roadways for Transportation impact fee credits based upon the following priorities: i. Payment in escrow to Lake County for the acquisition of the four lane right- of-way from Consery for Wellness Way; ii. Design and permitting of Wellness Way from US 27 to the Orange County line as a four lane roadway; iii. Construction of Wellness Way from Hancock Road to the Orange County line as the first two lanes of the ultimate four lane roadway; iv. Payment in escrow to Lake County for the acquisition of the four lane right- of-way from Consery for Hancock Road; v. Design and permitting of Hancock Road from Wellness Way to the northern boundary of the Consery property as a four lane roadway; vi. Construction of Hancock Road from Wellness Way to the entrance of the Fuqua project south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane roadway; vii. Construction of the 3rd and 4th lanes of Wellness Way from US 27 to the Hancock/Schofield intersection; 3. The Developer will be responsible for their proportionate share of traffic signals, when warranted, at the time of construction for intersections that serve the project, including Wellness Way. The proportionate share shall be based upon the actual cost of traffic signals at the time they are constructed. 4. The Community Development District shall be responsible to maintain all landscaping, hardscaping, traffic control devices, and stormwater conveyance systems on all private streets and the planned Olympus Blvd. For purposes herein, the Community Development District and the City shall enter into a separate Interlocal Agreement. 5. Private drive isles, private access ways, private easements for vehicular use shall not be required to be platted or re -platted. 6. For intersections on private streets, angled right-of-way lines in lieu of 25' radius may be used to accommodate fencing and building walls. 7. Curb radii internal to development for streets or access ways may utilize a 10' curb radii Pagel 10 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1529 PAGE 11 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 to promote traffic calming and pedestrian intersection and crossing safety. 8. Street dimensions may be used in accordance with the Planned Unit Development Exhibit 7 Right -of -Way Street Cross Section for street sections for private "local" street types internal to the development, provided however final engineering plans are reviewed and approved by the City. 9. Sidewalks/Streets: a. The Developer may permit skateboards, electric scooters, electric skate boards, Segway's on any private street, sidewalk, vehicular use area, parking lot or space open to the general public within the boundary of the Planned Unit Development. b. The Developer may allow the selling of goods and services within the designated Planned Unit Development parks, squares, streets, sidewalks, promenades, plazas without additional permit so long as the activities do not diminish the public utility, security and accessibility of the space and are located on private property or common areas controlled and maintained by the Developer or assign(s). Property owners and commercial tenancy may be allowed to provide "gifts to the street" as a decorative embellishment in proximity to the commercial establishments. Provided however, nothing herein shall be construed to authorize the sale of good or services or the placement of a "gift to the street" or any other item on or about Olympus Boulevard or Epic Boulevard. C. Within the boundary of the Planned Unit Development on private streets, circulation ways, access ways use of any type of vehicle, electric carts, trams, "Neighborhood Electric Vehicles" (NEV) regardless of vehicle registration, may be permitted by the Developer. Context sensitive street design standards/solutions as published by AASHTO & ITE shall be utilized for private streets and right-of-way within the boundary of the Planned Unit Development where the design speed is 30 mph or under and City referenced Florida Department of Transportation highway standards and specifications do not align with low speed street design. 10. Parking: a. Parking spaces may be reduced to 9' x 18' providing 162 square feet. b. The Planned Unit Development may be developed using shared parking methodology, as determined by the Developer and reviewed and approved by the Site Review Committee. C. Oversized parking spaces within the Planned Unit Development may be provided by a single designated area and not allocated for all lots in excess of 100 spaces. Parking Garages shall not be required to provide oversized spaces internal to the Pagel 11 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1530 PAGE 12 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 garage footprint. Neighborhood Electric Vehicles parking spaces may be provided in lieu of compact spaces where Developer operations provides assigned Neighborhood Electric Vehicles to event patrons, visitors, staff, security, facilities maintenance or production personnel. Convertible Neighborhood Electric Vehicles to standard parking spaces may be utilized for management of parking capacity for all site vehicles. d. On street loading zones utilizing parking restricted spaces during loading hours may be utilized Planned Unit Development private, streets, right-of-way and access ways in addition to dedicated permanent off-street loading spaces without regard to ratio based on the most local need for loading activity. Off-street Loading zone spaces shall be 10' x 25' minimum to 10' x 55' maximum. 11. The project development program can be modified based on the Olympus Sports & Entertainment Planned Unit Development Equivalency -Trip Conversion Matrix contained in Exhibit 4. Any change in the development program mix will require the converting of average daily trips between land uses based on the matrix. The matrix is designed to equate land uses based on equivalent traffic impacts such that use of the matrix should not impact the overall traffic impact of the project. The following are limitations on the use of the trip conversion matrix in Exhibit 4, without amending the Planned Unit Development: a. Residential uses can only be increased by 225 multi -family and 100 single-family units, with a maximum of 1,413 residential units. No additional conversion to residential uses is allowed. The project may utilize the affordable housing density bonus, as contained in the Land Development Code, Section 122-358, as a way for increased density on any single development site. b. Up to 50% of each of the General Office, Medical Office, and Recreational Community Center land use categories may be converted. These three uses may only be converted to one of the other two uses in these employment categories. C. Any matrix conversions shall be documented in the annual report. 12. Street lighting shall be included for all Planned Unit Development internal roadways and along Wellness Way and Olympus Boulevard adjacent to the project. The Developer shall coordinate with the power utility provider for the installation and placement. The Developer shall be responsible for the cost of installation. 13. The Developer shall coordinate with the City, Lake County, and any other State Agencies in the placement and designing of a multi -purpose trail along the project's boundary as shown in Exhibit 8 Olympus Trail Network. 14. Prior to the first Certificate of Occupancy in Phase 2, the Developer shall provide the City a Mobility Plan which documents the commitments being made to increase internal capture. Such commitments could include, but are not limited to Neighborhood Electric Vehicle programs, internal and external shuttle programs, and other related vehicular Page 112 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1531 PAGE 13 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 reduction/internal capture strategies. SECTION 9: SIGNS 1. Developer shall prepare an overall master signage plan for City approval. Such application and approval shall supersede Chapter 102 where applicable. The project shall be subject to the City Code until the Developer receives approval from the City Council for an overall master signage plan. 2. Street light pole banners are permitted with no more than two per pole. The perimeter road network will be limited to every other pole for flag use. Internal roads may have flags as needed. The banners shall be associated with current events or activities within the Planned Unit Development boundary and in no event shall be used to advertise or promote any specific business. Flags may be placed at designated areas, as indicated on Exhibit 6 attached hereto and incorporated herein. The Urban Special Purpose District may incorporate video display monitors outdoors but within building envelopes, courtyards, and internal promenades (OEZ-1) which are oriented to the pre -event attendees & post event attendees and not visible to the general public. Event based Video Display application shall not be regulated as "signage" under the City Ordinance and shall not be regulated as "signage" under the Olympus Sports and Entertainment Planned Unit Development Signage Master Plan. Video Display placement may vary with event scale and may also include non -permanent interview & broadcast platforms. Mobile broadcast & video production equipment may also incorporate display monitors that serve the temporary event function. SECTION 10: ALCOHOL BEVERAGE ESTABLISHMENTS The restrictions set forth in 6-1 of the City Code as may be amended, shall not be applicable to the Planned Unit Development. SECTION 11: SCHOOL CONCURRENCY School concurrency shall be met before any residential final plat or residential site plan approval in accordance with the Comprehensive Plan and Land Development Code. SECTION 12: CONCURRENCY MANAGEMENT RE UIREMENTS Concurrency Management Requirements: Any development shall comply with the Lake County and the City of Clermont Concurrency Management System, as amended. SECTION 13: DEVELOPMENT REVIEW AND APPROVAL 1. Prior to the issuance of permits, the Developer may be required to submit a Preliminary Plat, Construction Plans, and Final Plat generally consistent with Exhibit 2 for review and approval in accordance with the Comprehensive Plan and Land Development Code, as Page 113 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1532 PAGE 14 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 amended. 2. Expiration of applicable incremental development orders or project development agreement shall not occur prior to the expiration of the Planned Unit Development which shall not be less than five (5) years after the planned last phase of the development program. SECTION 14: FUTURE AMENDMENTS TO STATUTE(S), CODE(S), PLAN(S), 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. SECTION 15: 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. 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. 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 aware of the conditions established by this Planned Unit Development and agrees to be bound by these conditions. This Ordinance shall at the expense of the Developer be immediately recorded in the Public Records of Lake County and shall as a matter of record and legal purposes run with and govern the future development of the Property. 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. 6. An annual report documenting the construction of entities and their phase along with assignment of rights shall be submitted to the City for review and approval no later than Page 114 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1533 PAGE 15 of 17 CITY OF CLERMONT ORDINANCE NO.2020-40 May 1511 for the prior calendar year. The report shall also include a running total of constructed square footage. The report shall be prepared at the cost of the Developer and the sole responsibility of the Developer, or assigned designee. 7. This Ordinance shall be rendered null and void if substantial construction, such as site infrastructure, as determined by the City, has not commenced within two years of its effective date. 8. The following waivers were not approved as indicated in Exhibit 3: Olympus Planned Unit Development Standards. a. Building height measured using stories will use City standard for measuring. b. Laser lighting will use City standard until a Master Sign Plan has been reviewed and approved by City Council. c. Maximum area of signs will use City standard until a Master Sign Plan has been reviewed and approved by City Council. d. Telecommunication towers will be limited to 140 feet. e. Special events and Temporary uses will use City standard until the applicant produces an event type and specific procedural guidelines for Public Safety/City Manager review and approval. f. All indoor and Outdoor Entertainment will use City standard until the applicant produces an event type and specific procedural guidelines for Public Safety/City Manager review and approval. g. Industrial use/Waste related services will use City standard. h. Architectural standards will use City standards until Architectural Plans have been reviewed and approved by City Council. i. Definitions specific for Olympus Sports and Entertainment will use City standard until further clarified by the applicant. SECTION 16: CONFLICT All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 17: 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 18: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Sections of 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. Page 115 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1534 PAGE 16 of 17 C1UNT SECTION 19: RECORDING CITY OF CLERMONT ORDINANCE NO.2020-40 This Ordinance shall be recorded in the Public Records of Lake County, Florida. SECTION 20: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. Page 116 of 17 INSTRUMENT# 2021050105 OR BOOK 5685/PAGE 1535 PAGE 17 of 17 CLE' CITY OF CLERMONT ZORDINANCE NO.2020-40 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8th day of December, 2020. ,. CITY OF CLERMONT Tim Murry, ayor ATTEST: l Tracy Ackroyd Howe, City Clerk APPROVED AS TO FORM AND LEGALITY: Daniel F. Mantzaris, City Attorney Page 117 of 17