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Ordinance No. 2022-042INSTRUMENT#: 2022131288 OR BK 6032 PG 1991 PAGES: 11 10/4/2022 3:08:41 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $95.00 Q CITY OF CLERMONT C ORDINANCE NO.2022-042 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, 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: LEGAL DESCRIPTION: PARCEL 1 (ID 09-22-26-1205-039-00000) THE NORTHEAST/4 OF THE NORTHWEST''/4 OF THE SOUTHWEST %4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39, ACCORDING TO THE PLAT THEREOF OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. ALSO LESS AND EXCEPT FROM THE ABOVE LANDS, THAT PORTION CONVEYED TO LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY VIRTUE OF THAT CERTAIN STATUTORY WARRANTY DEED RECORDED FEBRUARY 10, 2003 IN OFFICIAL RECORDS BOOK 2257, PAGE 1297, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHEAST''/4 OF THE NORTHWEST %4 OF THE SOUTHWEST'/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39, ACCORDING TO THE PLAT OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. LYING WITHIN 50 FEET EACH SIDE (100 FEET TOTAL) OF THE FOLLOWING DESCRIBED CENTERLINE: BEGIN AT AN ALUMINUM PLAT STAMPED "TOWNSHIP 22 SOUTH, RANGE 26 EAST, 30/29, D.O.T., 10-28-73", SAID POINT BEING THE WEST %4 CORNER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH 88 DEGREES 26 MINUTES 40 INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1992 PAGE 2 of 11 ,c. CLER CITY OF CLERMONT 0-rcl-vwbu ORDINANCE N0. 2022-042 SECONDS EAST, ALONG THE EAST -WEST CENTER OF SECTION LINE OF SAID SECTION 29, A DISTANCE OF 5248.28 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083.00 FEET AND A CENTRAL ANGLE OF 1 DEGREES 44 MINUTES 27 SECONDS; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 63.29 FEET, TO THE POINT OF TANGENCY THEREOF; THENCE NORTH 89 DEGREES 48 MINUTES 53 SECONDS EAST, A DISTANCE OF 1340.32 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL ANGLE OF 37 DEGREES 55 MINUTES 13 SECONDS; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 860.38 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1700.00 FEET AND A CENTRAL ANGLE OF 67 DEGREES 44 MINUTES 14 SECONDS; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE 2009.80 FEET, TO THE POINT OF TANGENCY THEREOF, THENCE SOUTH 60 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 457.88 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL ANGLE OF 29 DEGREES 42 MINUTES 17 SECONDS; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 673.98 FEET, TO THE POINT OF TANGENCY THEREOF, THENCE NORTH 89 DEGREES 55 MINUTES 37 SECONDS EAST, A DISTANCE OF 173.56 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST''/< OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AND THE POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, SAID POINT BEING NORTH 01 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 8.25 FEET FROM THE EAST''/. CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST. TOGETHER WITH PARCEL 2 (IDS 09-22-26-1205-038-00000, 28-22-26-0003-000-00400 AND 28-22-26-0003- 000-00600) THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE NORTHERLY LINE OF GREAT PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE 80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR 1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE NORTH 89049'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1993 PAGE 3 of 11 CLEA4 CITY OF CLERMONT „-r-- 1,.:;-: ORDINANCE NO.2022-042 AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF HOOK STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89°48'50" EAST ALONG SAID NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830- 833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: SOUTH 22°56'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05°50'49" FOR 209.57 FEET; THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE BEARS SOUTH 76058' 15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 03°14'30" FOR 92.23 FEET; THENCE DEPARTING SAID WESTERLY LINE, SOUTH 89049'40" WEST FOR 756.48 FEET TO THE WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT; THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43 FOR 370.92 FEET TO THE POINT OF BEGINNING. LOCATION: Vacant property southwest of Excalibur Road and Hooks Street Intersection, East of Paloma Road and adjacent to East Ridge Middle School Approx. 26.25 +/- Acres Alternate Keys 1103908, 3801505, 3815507, I071194 moon at r �cp s ;i East Ridge High School East Ridge Middle School `.. WIE OR. AOMD PINE llE! C�Ole ` f Y.PRIE4.,.°� wL�CG INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1994 PAGE 4 of 11 CITY OF CLERMONT ORDINANCE NO.2022-042 PROPERTY REZONING To amend PUD Ordinance 2021-015 to expand and amend the previously approved site plan, which includes additional acreage and additional apartment units. SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a multi -family residential Planned Unit Development; be granted subject to the following conditions: 1. The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with Exhibit A, Clermont Hills Apartments, LLC Conceptual Site Plan, prepared by VHB with a latest issue date of August 24, 2022. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City's Information Technology Director will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. SECTION 3: LAND USES AND SPECIFIC CONDITIONS A total of up to 312 multi -family dwelling units (d.u.) may be permitted on the site, not to exceed a base density of 12 dwelling units/acre. 2. Building setbacks shall be 25 feet from the property lines. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet maximum fill up to 10% of the project site, as shown on the cut and fill Exhibit B — Grading Plan Variance prepared by HALFF, dated October 2020. These elevation changes will be submitted to the City Engineer at the time of final engineering. INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1995 PAGE 5 of 11 CIE amacu..e�. CPTY OF CLERMONT ORDINANCE NO.2022-042 Individual retaining wall height up to 6 feet in height are permitted to deal with grade changes on the perimeter of the project and in the stormwater pond. A minimum 5-foot transition shall be required between the walls with landscaping incorporated within the terracing of the exterior perimeter wall sections. 6. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 7. The project will be gated and the internal streets will be privately owned and maintained by the HOA, owner, or developer. 8. The buildings shall be constructed in a manner that closely resembles the architectural style and elevations as presented at the end of this ordinance, Exhibit C, and shall meet the City of Clermont's Architectural Standards. 9. If required by Lake County, the developer shall participate in proportionate share mitigation for improvements to two segments that are over capacity — SR 50 from Hancock Road to CR 455 and Hancock Road from Hooks Street to Johns Lake Road. This will be coordinated with Lake County at the time improvements are considered. 10. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The primary full access connection to the Project shall be off Hooks Street and an exclusive ingress left -turn lane and right -turn lane shall be constructed. A secured emergency access point shall be off of Excalibur Road and will only be used by emergency personnel in emergency situations. 11. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 12. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of Occupancy. 13. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated in this PUD. 14. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. Subject to approval by the School District, a school bus pick up and drop off location for residents of the project shall be internal to the development. INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1996 PAGE 6 of 11 �LERI"141� CITY OF CLERMONT ORDINANCE NO.2022-042 15. All leases for units in the project shall be for a minimum of one year and all tenants shall sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any apartment, all proposed tenants shall undergo criminal background checks. Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons that appear in a criminal background check: a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque) b. Federal, Felony, & Sex Offender will Fail for all years C. Misdemeanor Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. d. Unclassified Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. (All unclassified crimes from the Department of Corrections will fail) 16. A six (6) foot decorative fence will be installed, per applicable City code, along all property lines of the project. 17. In addition to all other landscaping required by City code, an additional visual buffer is required providing vegetative buffering on the interior of the fencing facing toward the Project, and along the project property lines abutting the shared East Ridge Middle School property lines. 18. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plan approval stage of the overall development. Applicable permits for any gopher tortoises and associated burrow commensal species or other endangered species found on the property must be received from the appropriate regulatory agencies prior to the initiation of the development activity. 19. The property management office shall prominently display a notification sign informing potential tenants of the sounds resulting from activities by the adjacent schools, such as but not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign shall be a minimum of 1Iinches x17 inches. In addition, as part of the rental contract, similar wording shall also be included that the applicant acknowledges. 20. The proposed amenities, including secondary amenities shown on page 2 of the Clermont Hills Apartments, LLC Conceptual Site Plan, shall be constructed in substantial accordance as shown. The amenities shall be open prior to the final certificate of occupancy of the last apartment building. INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1997 PAGE 7 of 11 CITY OF CLERMONT ORDINANCE NO.2022-042 21. This Planned Unit Development shall expire if all development actions authorized or required hereunder are not taken within a period of two (2) years of the date that this Planned Unit Development is approved by the City Council and becomes legally effective. If the Planned Unit Development becomes null and void, a new application for a PUD shall be required in order to develop the property. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 5: SEVERABILITY Should any Section or part of this Section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 6: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida at the Developer's expense. SECTION 8: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1998 PAGE 8 of 11 CITY OF CLERMONT ORDINANCE NO.2022-042 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, this 27`h day of September 2022. ATTEST: CITY OF CLERMONT Tim Murry, May Tracy Ackroyd owe, MMC City Clerk to foJ m and legality: INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1999 PAGE 9 of 11 CLER CITY OF CLERMONT ORDINANCE NO.2022-042 EXHIBIT A Conceptual Site Plan .. �.f�'sr., a•r #=� .,��;,i. f�/'. 1 y `�A YiwOATA _ F i.'. a •' - HOIMS flll(f� i � M.OAIN ��rtrtMawew.rMars Sew Y +�1 Nttf�.q --1 �y�y �wa.Welwtn� �,� , gy�pp; �►^~ �-, _ .-�'� i( '� ft O'�isi N ��"`�l � '�. ' � '� #� - �.Mi r �•. �m�.. 'a.. " 41� 1t ♦� � 4 'Tii �;. Kv nm.e .w.wnanMLMMrn.u.w.,. •�• rys /. en a Q�.eMM,t.h' NN w.warwa s.u.� sur Y. ; 1 �...• ,y � lY� ��yi b 1f' wsaRr.aM � �aus.vw,�w �I ./1Y 47s1 tl w.w b�iCL1YtYA �4 j- 0C p/YY11 1 .. n t �n�wo.Mnemennerwerwwsww.o. a, 6 CONCEPTUAL SITE PLAN _ CLERMONT HILLS APARTMENTS, LLC Yllb CLMMOWMUSAPAAfMENTSI 0 f(WrLSAMOUYI FLORIDA t AVWS774.M EXHIBIT B Cut/Fill NOTE: anmft a,r»wroa�':�i rogU191. f 1. of ft oodetl I, IE ! �I 41* . 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AM tidabov dtW Added&. c—utnt. a matartrl Wolotf_ ( &. oast Cavv'am and a sure wemq aedw-y dafank ro bn parmlbd b de Law Cwtratt lardudinp tarodudov of yW waxy, m ...chat'. W I& toad Lew. TW drum Aae roil a bltaapsead to .salt a. Kerb w Urmloab ym brRam; fbr my L"M nraob. mby any WwfW.,thud. T. RESWERT ILIEEPIT. Yau are rW wv sQ)l. for red abA b. bred llabh for auy and >0 bar., dra W, aad/m tin. that en hatrr . a r_x d y_ Bell.. d m. bans d NY Addend®.for L.—O.r Mftda youW —yoa.a mg—Mbla for and aha[bs h,IdEaH. br..y-4 a0 od — deny w... s] w5c amrypyra ivaBSns t" Wietlx d W nWm: afrhlaM1dWW.nm a Whe Leas. corvatt. !dctailns, tat a7. ;DP:.e: ro. Y•oft:ty dasasr. wits-.ai �1=^.'. `�:nubrxa deb_ rt,Admts, and rmM,r a or at_PW +10—. la wA-m patrars N xrad.ara w:%b applimbl. I— adhere ! Jllr4 ywtr L'WR17 ,, Apre, w..bill br tb. I.W. b ,.R+d ep i e. arty rm:u r m latlGty lnsaranta polq whAa d by ya `or sny dorm x danwpi that r.. mew a be nwX d urr vhiY.rx, s!th. tams d tik Add,Wldrsd S. SEVERABILM.. If any pn WW d Ihs tidn". m n. Lea+., :otd:xrtr =. lid er asu,r.rc•ub4 w�drr rpp?iaWa aw, am Pro w_ shill bs mrffrc m tar ads2t .Yard -.hdlry •r uu.nfvcaaLLrt ra,:y :+•thaw L:nBdrna( m aL. it• .Peeress aS. ram+adr-af tL's Add,Aun x cha L a Cmtsad. The COTet ALL b!erpr.t 6. less. and P,.tztarb Gruen b a tsuaaer .a . n rAbs;d .t. nEd portrn. ofrats Addend, vHle F.— imp tbsiatW, dtba P.M., A SPECIAL PROVISIONS. Tb. bamAw q d i W..Idom W>allyd Wrrar wn6vtlup pm.trMvr debts pAtrbd forte E.A&ut W Resfdfnb Otetlar err Owberra RepPefeamtlue (Nlnai*"trMwrrba) avn brh�` ORbf�pIRRAddtmdrts R vsa shaxY Arwaar Arradmr. ter. spcsasw d' CLER1" �ONT CITY OF CLERMONT ORDINANCE NO.2022-042 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, RECORDING, 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: LEGAL DESCRIPTION: PARCEL 1 (ID 09-22-26-1205-039-00000) THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST'/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39, ACCORDING TO THE PLAT THEREOF OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. ALSO LESS AND EXCEPT FROM THE ABOVE LANDS, THAT PORTION CONVEYED TO LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY VIRTUE OF THAT CERTAIN STATUTORY WARRANTY DEED RECORDED FEBRUARY 10, 2003 IN OFFICIAL RECORDS BOOK 2257, PAGE 1297, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHEAST %4 OF THE NORTHWEST '/4 OF THE SOUTHWEST'/4 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39, ACCORDING TO THE PLAT OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. LYING WITHIN 50 FEET EACH SIDE (100 FEET TOTAL) OF THE FOLLOWING DESCRIBED CENTERLINE: BEGIN AT AN ALUMINUM PLAT STAMPED "TOWNSHIP 22 SOUTH, RANGE 26 EAST, 30/29, D.O.T., 10-28-73", SAID POINT BEING THE WEST %4 CORNER OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH 88 DEGREES 26 MINUTES 40 CLEMONT CITY OF CLERMONT ORDINANCE NO.2022-042 SECONDS EAST, ALONG THE EAST -WEST CENTER OF SECTION LINE OF SAID SECTION 29, A DISTANCE OF 5248.28 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083.00 FEET AND A CENTRAL ANGLE OF 1 DEGREES 44 MINUTES 27 SECONDS; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 63.29 FEET, TO THE POINT OF TANGENCY THEREOF; THENCE NORTH 89 DEGREES 48 MINUTES 53 SECONDS EAST, A DISTANCE OF 1340.32 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL ANGLE OF 37 DEGREES 55 MINUTES 13 SECONDS; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 860.38 FEET, TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1700.00 FEET AND A CENTRAL ANGLE OF 67 DEGREES 44 MINUTES 14 SECONDS; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE 2009.80 FEET, TO THE POINT OF TANGENCY THEREOF, THENCE SOUTH 60 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 457.88 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL ANGLE OF 29 DEGREES 42 MINUTES 17 SECONDS; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 673.98 FEET, TO THE POINT OF TANGENCY THEREOF, THENCE NORTH 89 DEGREES 55 MINUTES 37 SECONDS EAST, A DISTANCE OF 173.56 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST '/. OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AND THE POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, SAID POINT BEING NORTH 01 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 8.25 FEET FROM THE EAST '/a CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST. TOGETHER WITH PARCEL 2 (IDS 09-22-26-1205-038-00000, 28-22-26-0003-000-00400 AND 28-22-26-0003- 000-00600) THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE NORTHERLY LINE OF GREAT PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE 80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR 1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE NORTH 89049'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT CLER ' CITY OF CLERMONT C�.f ORDINANCE NO.2022-042 AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF HOOK STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89°48'50" EAST ALONG SAID NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830- 833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: SOUTH 22056'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05°50'49" FOR 209.57 FEET; THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE BEARS SOUTH 76058' 15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC THEREOF, THROUGH A CENTRAL ANGLE OF 03°14'30" FOR 92.23 FEET; THENCE DEPARTING SAID WESTERLY LINE, SOUTH 89°49'40" WEST FOR 756.48 FEET TO THE WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT; THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43 FOR 370.92 FEET TO THE POINT OF BEGINNING. LOCATION: Vacant property southwest of Excalibur Road and Hooks Street Intersection, East of Paloma Road and adjacent to East Ridge Middle School Approx. 26.25 +/- Acres Alternate Keys 1103908, 3801505, 3815507, 1071194 East Ridge High School East Ridge Middle School LL/, EXCALIBUR RD k1. LAKE DR 41 re EERY C I H L� CITY OF CLERMONT ALE ORDINANCE NO.2022-042 PROPERTY REZONING To amend PUD Ordinance 2021-015 to expand and amend the previously approved site plan, which includes additional acreage and additional apartment units. SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a multi -family residential Planned Unit Development; be granted subject to the following conditions: 1. The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The property shall be developed in substantial accordance with Exhibit A, Clermont Hills Apartments, LLC Conceptual Site Plan, prepared by VHB with a latest issue date of August 24, 2022. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the utility easements to extend the City's fiber optic network. The City's Information Technology Director will work with the developer at the time of site plan review to determine the extent of fiber optic conduit. SECTION 3: LAND USES AND SPECIFIC CONDITIONS 1. A total of up to 312 multi -family dwelling units (d.u.) may be permitted on the site, not to exceed a base density of 12 dwelling units/acre. 2. Building setbacks shall be 25 feet from the property lines. 3. Maximum building height shall be up to 55 feet, measured at the highest point. 4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet maximum fill up to 10% of the project site, as shown on the cut and fill Exhibit B — Grading Plan Variance prepared by HALFF, dated October 2020. These elevation changes will be submitted to the City Engineer at the time of final engineering. CLER �T CITY OF CLERMONT �.� ORDINANCE NO.2022-042 Individual retaining wall height up to 6 feet in height are permitted to deal with grade changes on the perimeter of the project and in the stormwater pond. A minimum 5-foot transition shall be required between the walls with landscaping incorporated within the terracing of the exterior perimeter wall sections. 6. Trash compacters may be substituted for dumpsters for the project if the Applicant can demonstrate it can sufficiently meet the waste demands for the project. 7. The project will be gated and the internal streets will be privately owned and maintained by the HOA, owner, or developer. 8. The buildings shall be constructed in a manner that closely resembles the architectural style and elevations as presented at the end of this ordinance, Exhibit C, and shall meet the City of Clermont's Architectural Standards. 9. If required by Lake County, the developer shall participate in proportionate share mitigation for improvements to two segments that are over capacity — SR 50 from Hancock Road to CR 455 and Hancock Road from Hooks Street to Johns Lake Road. This will be coordinated with Lake County at the time improvements are considered. 10. The development shall comply with all applicable County and Florida Department of Transportation access management requirements. The primary full access connection to the Project shall be off Hooks Street and an exclusive ingress left -turn lane and right -turn lane shall be constructed. A secured emergency access point shall be off of Excalibur Road and will only be used by emergency personnel in emergency situations. 11. Additional right-of-way may be required for offsite improvements and the sidewalk. This dedication shall be made at no cost to the County or the City. 12. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of Occupancy. 13. The project shall be developed according to the C-2 General Commercial zoning designation in the Land Development Code, unless expressly stated in this PUD. 14. School concurrency shall be met before final site plan approval in accordance with the Comprehensive Plan and Land Development Code. Subject to approval by the School District, a school bus pick up and drop off location for residents of the project shall be internal to the development. d ' CITY OF CLERMONT CAE f- ORDINANCE NO.2022-042 15. All leases for units in the project shall be for a minimum of one year and all tenants shall sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any apartment, all proposed tenants shall undergo criminal background checks. Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons that appear in a criminal background check: a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque) b. Federal, Felony, & Sex Offender will Fail for all years C. Misdemeanor Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. d. Unclassified Crimes will Fail the following categories for all years: Violence Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and Unable to Classify. (All unclassified crimes from the Department of Corrections will fail) 16. A six (6) foot decorative fence will be installed, per applicable City code, along all property lines of the project. 17. In addition to all other landscaping required by City code, an additional visual buffer is required providing vegetative buffering on the interior of the fencing facing toward the Project, and along the project property lines abutting the shared East Ridge Middle School property lines. 18. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plan approval stage of the overall development. Applicable permits for any gopher tortoises and associated burrow commensal species or other endangered species found on the property must be received from the appropriate regulatory agencies prior to the initiation of the development activity. 19. The property management office shall prominently display a notification sign informing potential tenants of the sounds resulting from activities by the adjacent schools, such as but not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign shall be a minimum of 11 inches x 17 inches. In addition, as part of the rental contract, similar wording shall also be included that the applicant acknowledges. 20. The proposed amenities, including secondary amenities shown on page 2 of the Clermont Hills Apartments, LLC Conceptual Site Plan, shall be constructed in substantial accordance as shown. The amenities shall be open prior to the final certificate of occupancy of the last apartment building. C�ER - CITY OF CLERMONT ,, Ch.- fChp.. ORDINANCE NO.2022-042 21. This Planned Unit Development shall expire if all development actions authorized or required hereunder are not taken within a period of two (2) years of the date that this Planned Unit Development is approved by the City Council and becomes legally effective. If the Planned Unit Development becomes null and void, a new application for a PUD shall be required in order to develop the property. SECTION 4: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 5: SEVERABILITY Should any Section or part of this Section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 6: ADMINISTRATIVE CORRECTION This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida at the Developer's expense. SECTION 8: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. CLERWL%rr CITY OF CLERMONT ORDINANCE NO.2022-042 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, d pn this 27 h day of September 2022. ^► ` CITY OF CLERMONT emu."✓ Tim Murry, Ma r ATTEST: 3W-1�4v Trac`Y-'AckroyMFlowe, MMC City Clerk C• LE CITY OF CLERMONT ORDINANCE NO.2022-042 ND0.TS srxrn - EXHIBIT A Conceptual Site Plan ^M 1 SITE DATA AnrRvao�s m..w 1 ML _�_i.�F_ MME1 Ym.YOMRne1tF4�1�wTRY00.ImMDY�.v.d� w�� n�651 R[WRD) CONCEPTUAL SITE PLAN CLERMONT HILLS APARTMENTS, LLC Vhb CLERMONT HILLS APARTMENTS I CITYOFCLERMDNT I FLORIDA 24, 2022 EXHIBIT B Cut/Fill NOTE: .-- Grading on the west CAL parcel will meet the requirements of the code 11= . i ®� III III _ j n S CLE T Cfnre of Chanrpio as CITY OF CLERMONT ORDINANCE NO.2022-042 EXHIBIT D Short Term Rental Addendum: ADDENDUM PROHIBITING SHORT-TERM SUBLETTING OR RENTAL �■� 1. DWELLING UNIT DESCRIPTION. Unit No (street address) In (city), Florida- /sip codr). 2. LEASE CONTRACT DESCRIPTION. I.— Contract Data: Owner's name: Residents (list all residents): This Addendum constitutes an Addendum to the above described Lease Contract for the above dewribed p.m.—. and Is hereby tncorparated into and made a part of such Lease Contract. Where the terms or conditions found in this Addendum vary ar contradict say terms or mndltlws found Us the Lease Contract this Addendum shall control. 1. SHORT TERM SUBLEASE OR RENTING PROHIBITED. Without limiting the prohibition in the Lease on subletting. assignment and licensing, and without limiting any of our rights or remedies. this Addendum to the Lease further suppiementa said daflnn the requirements and prohibitions cordained In the Lease Contract bemeen You and sea. You are hereby strictly prohibited from subletting licensing or renting no Any third party. or Allowing oerupanry by arty third pan. of all orany portion of the di tilling, whether for an overnight use or duration of airy length without our prior written consent in etch inatann. This prohibition applies to overnl1ggIn nways or any other lays arranged on Alrbirsb.com, VR90, Craigslist. Couchzurling, HomeAway. VacationRental. TripAdvisor. FUpNey or arty other advertising. walui te. internal listing service, or other similar Internet alas. 4. PROH®FITON ON LLSHNG ORADVER7ISBYG DWELLBiG ON OVERNIGHT SUBLETTING OR RENTING WEBSrM. You agree not to list cr advertise the dwelling as being available for short term subletting or rectal or Occupancy by others on Alrbnb.cons VRBO. Cralpllst CouchsucfL g. HomeAway. Vanntallental. TripAdviaor, Flipgey Or any other advertising website, hitwuK listing service. or similar mternet "Isntes, You agree that lbttng or advertising the dwelling on Air1mb.com. VRBO. Cralgsllet Couchsinfing, HumeAw-ay. VaotionRenal. TripAdvlsar, Plipgey ar any Other advertaing, website. Internet, listing service. or similar Internet websltes ,hall be a violation of this Addendum and a breach of your Line Contract Resident or Reside.m 'AII" dents mustsrgn) S. VIOLATION OF LEASE AGREEMENT. Your Lease Contract allows for use of your dwelling as a private residence only and etrludy proldbita conducting any kind of businem in. from or inv Aving ymir dwelling seems oVmny permitted by law. Separately, your Lease Contract prohibits subletting or —Pa.- by others of the dwelling far any period oftime without our prior written cannot. Permitting your dwelling to be used far any subletting or rental or occuipancy, by others (India ng without Uni talon. far a start tam). milardless of the value of consideration received or If no consideration Is recewd. Is a violation and breach of this Addendum and your Lease Contract. 6. REMEDY FOR VIOLATION. Any violation ofthls Addendum constitutes a material violation of the Lease Contract and m such we may oserchie any default remedies permitted In the Lease Contract including termmatlon of ycur teriancy, it accordance with local law. This clause shall no be interpreted ro restrict our rights to terminate your tenancy for any lawful rwsnn. or by any lawful method. 7, RESIDENT LIABILITY. You are responsible for and shall be held liable for any and all lotus, damages, and)o Ones that we tMur As A ..it of your v lmi.rs of the arms of this Addendum or rna Lease t'nntraA. Further. you agree you are responsible for and shall be held Rattle for any andaU actlosrs of any persan(s) who occupy your dwelling In violation of the terms of this Addendum or the Lease Contract. including. but, not limited to. property damage. personal injury. disturbance of other residents, and violence or anempted violence to another person. In w criance with applicable law, without Iimhing your Ilabllsty you agree we shall have the right to collect against any rimer s or liability insurance policy maintained try yuu far any inane or damages that we incur as the result of any violation of the terms of this Addendum. 8. SEVERABD.M. If any provision of this Addendum or the Lean Contract is invalid or unenforceable under applicable law, such provision shall be Ineffective to the eatrm of such invalidity or a enfomeability only without invalidating or otherwise affecting the remainder of this Addendum or the Lease Contract The court snail Interpret the Lease and provisions herein In a manner such m to uphold the valid portions al ibis Addendum while p—.Mng the intent of the peris- 9. SPECIAL PROVISIONS. The following special provisoes control over conflicting provisions of this printed form: owrr w Divines Repreaesstative (Sir.15.1 w) Data u(Signing Addeadas 0 2e24 Nwseel Awrm+e It es z«teaee tar. � 7/10Ie. rbede 0