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Ordinance No. 2022-011INSTRUMENT#: 2022142778 OR BK 6046 PG 1440 PAGES: 35 10/31/2022 12:52:09 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $299.00 CIFY OF CLERMONT CLEF;3-W ��,.r. ORDINANCE NO.2022-011 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: PARCELI: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1441 PAGE 2 of 35 fc- ' CITY OF CLERMONT C%,_o,;.;ORDINANCE NO.2022-011 AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. /:��Ti: THE NORTH 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1442 PAGE 3 of 35 ro- CLERONT CITY OF CLERMONT 117ORDINANCE NO.2022-011 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS LOCATION: 3 miles east of Schofield Road and US Hwy 27 intersection West of the Orange County line, adjacent to McKinney Road Approx. 304 +/- Acres Alternate Keys 1029198, 2689919, 1122848, 1070970, 1029201, 1594545 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1443 PAGE 4 of 35 cLE; CITY OF CLERMONT ORDINANCE NO.2022-011 f � i J 7 a a m a Y °I m I SITE ' • 4-J C O U� (1)' to C O PROPERTY REZONING From: Lake County Agriculture To: City of Clermont (PUD) Planned Unit Development SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a 952 lot single-family residential subdivision on the property described above (hereinafter the "Property") with up to 198,634 square feet of center/commercial uses; be granted subject to the following conditions: 1. The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. The Property shall be developed in substantial accordance with Attachment A: Chicone PUD Land Use Plan, prepared by VHB with a latest issue date of Sept 1, 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. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1444 PAGE 5 of 35 C� CITY OF CLERMONT C J ORDINANCE NO.2022-011 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 shall be installed by the developer in the utility easements, if required by the City, 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 This application for a Planned Unit Development to allow for single-family residential development and commercial uses be granted subject to the following conditions: The project may be developed in multiple phases. The project shall be developed according to the Neighborhood District in the Comprehensive Plan and Wellness Way Community Guidelines and Standards, unless expressly stated within this PUD. Conflicts or omissions will be addressed according to Section 1.6 of the Wellness Way Community Guidelines and Standards. 2. The project will be constructed to the Wellness Way Neighborhood Standards contained in the City's Comprehensive Plan and Wellness Way Community Guidelines and Standards, as referenced in Section 122-295 of the Land Development Code, as may be amended from time to time. The project is based upon the Wellness Way Policy 2.3.2 that requires the following: Total Property Area (TPA) 303.5 Acres Open Space 30% 91.1 Acres Center 5% 15.2 Acres Residential 65% 197.3 Acres INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1445 PAGE 6 of 35 CTIY OF CLERMONT i ORDINANCE NO.2022-011 3. The Residential Program will be developed according to the table below: Wellness Way Area Program 711 dwelling units Policy 2.9.1 Density Bonus (49.8 acres of donated ROW x 2 du/acre) 99 dwelling units Policy 2.3.2 Density Bonus (711 du x 20% for Community Benefit) 142 dwelling units Total Maximum Residential Units 952 dwelling units 4. Parcel 4 and Parcel 5, as indicated on Sheet C-6, Master Plan, shall have only four total residential dwelling units. Until such time as requested by the City, solid waste services required on Parcel 4 and Parcel 5 (Fabry) shall continue to be served by designated franchisee or private provider. A gated access point for emergency and service personnel shall be installed at a connection point determined by the City for access to the private access drive serving Parcel 4 & Parcel 5 from the new internal roadway. The gate shall be installed at the time the internal roadway is completed and shall only be used for emergency and City services. 5. The Developer shall enter into a Community Benefit agreement with the City in order to receive a Density Bonus as set forth in Policy 2.3.2. The Community Benefit agreement shall be in the as set forth in Attachment B, attached hereto and, upon execution, the terms and conditions thereof, shall be incorporated herein and made a part hereof. The Community Benefit Agreement shall provide that the Developer shall pay to the City the sum of $15,000 per each bonus unit up to 142 total units to fund the construction of a fire station by the City. 6. The Center Program uses, according to Table 2.2.2 for the Neighborhood District in the Wellness Way Community Guidelines and Standards, will be developed according to the table below: Center Acres 15.2 Acres Floor Area Ratio Maximum 0.30 Total Maximum Center Program Uses 198,634 square feet INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1446 PAGE 7 of 35 CLERW CITY OF CLERMONT ORDINANCE NO.2022-011 7. Open Space shall consist of 91.1 acres, in which 60.7 acres will be used for Wellness Space and the remaining 30.3 acres for Green Space. All Open Space shall be open to the public consistent with Section 4.1.3 of the Wellness Way Community Guidelines and Standards. The Developer shall demonstrate compliance with Section 4 of the Wellness Way Community Guidelines and Standards at time of final site plan/platting approval. Open Space within each platted phase shall be open and accessible to the public. 8. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plan approval stage of the overall project and prior to any development activities. 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. 9. The project may have elevation changes over 10 feet of cut/fill on 18.7% or 56.66 acres of the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Chicone PUD Land Use Plan. These changes will be submitted to the City Engineer for review and approval at the time of final engineering. 10. Development Standards: Development standards for the development of the residential dwelling units shall be based on the size of the lot, as indicated in the table below. Residential Development Standards Single Family Attached Dwelling Units (Townhomes) Single Family Detached Dwelling Units Rear Loaded Front Loaded Minimum Lot Width 20 R 34 ft 50 ft Minimum Living Area (square feet) 1,000 1,200 1,500 Minimum Lot Depth 100 ft 110 ft 120 ft Minimum Front Building Setback (front load/rear load 20 W15 ft 15 ft 20 ft Minimum Front Porch Setback 8 ft 8 ft 8 ft Minimum Garage Setback (front/rear) (measured from edge of pavement) 20 ft/3 ft 3 ft 25 ft Minimum Side Yard Setback 0 ft/5 ft (end units) 5 ft 5 ft Setback From Side Street loft loft loft Minimum Rear Yard Setback 15 ft N/A 15 ft Minimum Rear Yard Setback for Pools, Patios, Decks or Ancillary Structures 5 ft 5 ft 5 ft Rear Setback from Edge of Alley Pavement 3 ft 3 ft N/A Minimum Building Separation loft loft loft Maximum Impervious Surface Ratio (ISR)l 0.85 0.75 0.75 Maximum Building Height2 40 ft 40 ft 40 ft Setback from Normal High Water Line, 25 ft 25 ft 25 ft INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1447 PAGE 8 of 35 COYR-.._ CITY OF CLERMONT ORDINANCE NO.2022-011 Mean High Water Line, or Jurisdictional Wetland Line Minimum Front Yard Utility Easement loft loft loft Minimum Side and Rear Yard Drainage and 5 ft 5 ft 5 ft Utility Easement 'The maximum allowable 1SR for the overall PUD development shall be 0.60. Individual lot ISR may exceed 0.60 as shown in the table above as long as overall maximum is not exceeded. 2The maximum height for recreational amenity buildings shall be 55 ft. 3 Garages shall be setback a minimum of 3 feet or 20 feet from rear alley 4 Minimum side setback shall be 4 feet on lots less than 40 feet as allowed by the LDC. 11. The Center Program shall be developed according to Section 2.3 Site and Architectural Standards for Centers within the Wellness Way Community Guidelines and Standards. Local streets and connector roads shall follow the Wellness Way standards found in Section 3.3.1. 12. The project may have gated private streets for vehicular access as indicated on the Chicone PUD Land Use Plan. Pedestrian and bicycle access shall be provided even if vehicular access is gated. Non -gated streets will be public streets. All streets and sidewalks including streets and sidewalks that may be dedicated to the public shall be maintained by any Homeowners Association or Community Development District created for or related to the Property or the project. For purposes herein, maintenance shall include, but not limited to, the repair, reconstruction, resurfacing and restriping. 13. The project may have private dead-end streets that terminate with a Cul-de-Sac per City code. 14. The project may have alleys using the Wellness Way design criteria from section 3.3.1(c). 15. The project shall be developed in accordance with the City of Clermont Utility Standards. 16. The Developer shall update the Traffic Impact Study to include the CR 455 Extension in the regional model run to include the percentage of project trips on all segments within the Wellness Way Regional Roadway network. This shall be completed prior to final City Council approval of this PUD. 17. The Developer shall reserve and dedicate the proposed CR 455 right-of-way and associated drainage for future dedication to Lake County. The cross section shall be consistent with figure 3.2.2 (a) in Wellness Way Community Guidelines and Standards and shall consist of a minimum of 20 foot grading, drainage, utility easements on each side of the proposed 120 foot width right of way for a total of 160 feet including easements. The dedication shall be made to Lake County and at the time it is either requested by the City or Lake County. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1448 PAGE 9 of 35 IQ- CI-E CITY OF CLERMONT ----�� -� ORDINANCE NO.2022-011 18. The Developer shall enter into a Proportionate Share Transportation Impact Fee Credit agreement or a road agreement (which may be in the form of a partial assignment of the existing Roadway Improvement Agreement for Wellness Way and Hancock Road Extension last executed March 23, 2021) with Lake County prior to the issuance of any construction including mass grading, infrastructure construction or building permit, subject to final approval by Lake County. The Agreement, at a minimum, shall require the Developer to fund improvements for right-of-way, design, permitting, and construction of roadways, traffic signals, intersection improvements 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; viii. Or as stipulated in the Proportionate Share Agreement. 19. Street lighting shall be included for all Planned Unit Development internal roadways and along Wellness Way and CR 455 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, operation, and maintenance. The lighting installed shall meet the Dark Sky standards. 20. School concurrency shall be met before final plat approval for the respective phase in accordance with the Comprehensive Plan and Land Development Code. 21. This Planned Unit Development shall expire in the event that significant continuous development actions authorized or required hereunder for any phase of the project do not occur for a period of three (3) years of the date that this Planned Unit Development is approved by the City Council and becomes legally effective. In the event of such expiration the provisions of City Code Section 122-316 (i) as amended, shall apply. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1449 PAGE 10 of 35 CITY OF CLERMONT ORDINANCE NO.2022-011 SECTION 4: PUBLIC SERVICES 1. The Developer shall connect to the existing City potable water and sanitary sewer systems at connection point or points approved by the City. 2. The route of any off -site lines shall be according to engineering plans produced by the developer and approved by the City. 3. Any proposed City -maintained utilities that are not located within a 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 potable water and sanitary sewer systems improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations, property for city maintained facilities 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 Developer shall prepare plans, permit the project and construct the modification at the Developer's expense. 6. Except for model homes, no building permits shall be issued until water and sewer are provided to the site or until a bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site improvements. No Certificate of Occupancy shall be issued until water and sewer extensions have been completed and accepted by the City. 7. The City may require a looped system to provide reliability and redundancy to the property. 8. The project shall be plumbed 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 stonmwater 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 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate standard 10 feet building separation. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1450 PAGE 11 of 35 d ' CITY OF CLERMONT Ci�'tiE,;;;,, ORDINANCE NO.2022-011 12. Lift station access shall meet all City criteria. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. Notwithstanding anything contained herein to the contrary, to the extent that any water, or sewer improvements provide capacity additional to that required to serve the Project, the Developer and the City may, pursuant to Section 2-267 — Credits, of the City Code, enter into an impact fee agreement which shall provide for the establishment of credits and payment of impact fees in a specified manner and time. 15. The Developer or its assigns, including without limitation a community development district or homeowners association, shall permit, finance, construct, own, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY or as otherwise approved by the City. 16. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 17. All construction shall incorporate Water Sense plumbing fixtures, Energy Star appliances, and Water Star Silver requirements consistent with Section 5.4 of the Wellness Way Guidelines and Standards. SECTION 5: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 6: 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 7: 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 8: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1451 PAGE 12 of 35 CLER.Kt4--; CITY OF CLERMONT ORDINANCE NO.2022-011 SECTION 9: 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# 2022142778 OR BOOK 6046/PAGE 1452 PAGE 13 of 35 CITY OF CLERMONT ORDINANCE NO.2022-011 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 11 th day of October 2022. r.^41 ► " i p c x+. ATT�S''r'. ••� . Tracy Ackroyd Howe, MMC City Clerk Apprq-vzd.as to form and legality: 57 .. CITY OF CLERMONT Tim Murry, Mayo INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1453 PAGE 14 of 35 CLE&ZCITY OF CLERMONT ORDINANCE NO.2022-011 Attachment A: Chicone PUD Land Use Plan September 1, 2022 13 pages INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1454 PAGE 15 of 35 CHICONE PUD 3 Lake County, Florida Parcel ID- 24-23-26-0001-000-00100, 24-23-26-0002-000-00600, $ 24-23-26-0002-000-01200, 24-23-26-0001-000-00200, 24-23-26-0001-000-00300,24-23-26-0001-000-00400. 'Ovhb Owner. Land Planner/Crvil Engineer. Chicane Groves UP VHB .� P.O. Box 547636 225 E. Robinson Street, Suite 300 Orlando, FL 32554-7336 Orlando, Florida 32801 Phony. 407.83940% • fax 407.839.4000 Catherine E Ross Groins Inc Landscape ArchheR P.O. Box 398 Windermere, FL 34786 Foster Cmnit R Associates 100 W Lucerne Cirde, Suite 401 Fabry Family Group LLC Orlando, Florida 328D1 4566 N Apopka Vineland Road Orlando, FL 32818 Developer. Pulte Home Company, LLC LEGAL DESCRIPTION Paul E Fabry 4901 Vineland Road, Suite 500 SEE SHEET C-2. P.O. Box 784238 Orlando, Florida 32811 Winter Garden FL 3477E Land Use Attorney. Jerry Jay Chicone Jr Shutts 6 Bowen LLP P.O. Box 547636 300 South Orange Ave, Suite 1600 Orlando, FL 32854 Orlando, Florida 32801 amL-Aw.&%P f Land Use Plan 19ste4 for PUD Approwl Dab Issued September 1, 2022 Latest Issue September 1, 2022 — - Nmhber W.Mp THb t.. 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Flai4 Park Plan C-9 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1463 PAGE 24 of 35 `4 ' hb Chicone PUD Cut & Fill Analysis C-10 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1464 PAGE 25 of 35 CONANT i --. -_T� TTr MON �Awn rnaa.� i _.- --------- -------•- •------------•-------•----------- - - --t�_- -- -- --- FUTURE WELLNESS WAY — = _ �• .� NrnEH- DRWNp HqN Ammar IYDLNT.TO YAX NtOtN N4%.COPv AREA NN(,1 m MAX, ; YIIR w r ww1 SVNHOL TYPElow 41100 DALLOIM:O ALLOMDPER ALLO DPER DRp1RD WON i AMA nse.•.wmre.rrwm�va �e.etmen Prnnmvrnedra� !lilMlN ! POEODD! CODE CODE PROPCHEO PRDPOPlD 1 �Ig00® cwc�ru�mmrnurwrvmwmnormwn�nww�s,Pm• PR-RUp111ML • W hf 49.F. HIDN-PERCOOEALLOIWIRP MR.. i PBDOR .nr.e�veu.rP.•re•v�.mrr,s ALLOYWIOS IALLOEPYICE n.e«.�..m. v....•.n>.re.� - —� S—DARYR9lW9Wft • f 15 A9F. HpN-H MRODDS RRODOS u,n `a— ALLOWANDE ALLCWWW E •`Carve s ARCRNlCMRAL"Mff'. S - - EIENEIR.tD MDODPY �a n.v�.rurn,sas�.ewrrsirrrr PROPOSED wwr�..arwrse,nmr•rrrm L INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1465 PAGE 26 of 35 PRIMARY RESIDENTIAL �Ad CONAM rASIMAM r----� I I I I I i 4 rorru » I I I I rsri•i I } � I ! 1 I L------� I oaa , SIDE ELEVATION FRONT ELEVATION -� PRIMARY SIGN AREA ;.�, PRIMARY 51GN W/ ARCH.. ELEMENT 3 , PRIMARY_.SKaN_ W/ ARCH. ELEMENT * SECONDARY RESIDENTIAL I I �., SECONDARY SIGN AREA re nuc SIDE ELEVATION Z SECONDARY SIGN W/ ARCH. ELEMENT 2� FRONT ELEVATION 3 SECONDARY SIGN W/ ARCN. ELEMENT SN•101 L- J INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1466 PAGE 27 of 35 F STAID -ALONE AIQC44. ELEMENT ARCH ELEMENT UY RETAINING WALLS AND oflre& C4MCIS M PRIMARY RESIDENTIAL &"'_RpW ENTRY OPTION A it PRIMARY RESIDENTIAL CROJU ENTRY - OPTION 8 PRIMARY RESIDENTIAL 60-ROW. ENTRY - ----------- NDARY IIIIIEWENTIAL 60'PWAL ENTRY INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1467 PAGE 28 of 35 cLEA)-w CITY OF CLERMONT ORDINANCE NO.2022-011 Attachment B : City of Clermont - Pulte Home Company October 11, 2022 6 pages INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1468 PAGE 29 of 35 COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the LL4*day of NAnjoe r 2022, by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and Pulte Home Company, LLC, a Michigan limited liability company, and any successors or assigns, whose mailing address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811 (the "Owner"). RECITALS A. Owner desires to develop approximately 303.50 +/- acres of property within the Wellness Way Area Plan located in Lake County, Florida, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). B. The Property is currently zoned Agriculture District "A". C. Owner has filed with the City an annexation application and a Planned Unit Development ("PUD") rezoning application for a mixed -use residential and non-residential project on the Property, as shown on the PUD, which will be developed in multiple phases (the "Project'). D. The City of Clermont Comprehensive Plan Policy 2.3.2 requires the Owner to provide an extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way in order to be considered for an increase up to 20% above 3.6 dwelling units per acre. E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner has requested a 20% density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an additional 142 residential dwelling units in the Project. F. The City has identified a new fire station as of the off -site public infrastructure within Wellness Way as the justification for the 20% density bonus. G. The City has determined that the extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way is Fifteen Thousand and No/100 Dollars ($15,000.00) for each additional residential dwelling unit to be allocated for a new fire station within Wellness Way. H. The City has determined that the proposal for development of the Property represents, among other things, an opportunity for the City to secure quality planning and growth in Wellness Way. NOW, THEREFORE, in consideration of the mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows: 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. 2. LeQal Description. The Property described on Exhibit "A" attached hereto is subject to PUD Ordinance No. 2022-011 adopted by the City of Clermont City Council as of the date hereof, and Owner intends to develop a portion of such Property pursuant thereto. 3. Densit , Bonus. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1469 PAGE 30 of 35 a. In order to receive the density bonus pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner will be obligated to make, at such time and in such amount as set forth in this Sections 3.b and 3.c below, a capital contribution to the City for construction of a new fire station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each of the 142 additional residential dwelling units (20% of the permitted 711 residential dwelling units) in excess of the permitted 711 residential dwelling units (with the aggregate contribution for all 142 units of TWO MILLION ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($2,130,000) being the "Density Bonus Contribution'). The Density Bonus Contribution for the fire station shall allocated by the City to the following costs to be incurred in connection with the constriction of the fire station: surveying, design, engineering, and construction of the fire station and any other costs associated with the construction of the fire station. b. The Density Bonus Contribution shall be applied and the Density Bonus Contribution shall paid as follows: Payment Density # Amount on/before Bonus plat I approval for initial phase 1 $435,000 of Project 29 1 year after 2 $435,000 Payment #1 29 1 year after 3 $435,000 Payment #2 29 1 year after i 4 $435,000 Payment #3 29 5 $390,000 1/1/2028 26 Total DB Total $2,130,000 142 C. Owner shall be entitled to the density bonus corresponding to each of the installment payments as set forth above, as of the actual date of payment. Owner acknowledges and agrees that the Density Bonus Payment required hereunder shall be paid to the City in full as provided above, whether or not Owner avails itself of all of the 142 additional residential units. d. If Owner fails to timely pay any of the installments set forth in Section 3b above, Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not paid by Owner within such thirty (30) day period, then such failure to timely pay such portion of the Density Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1470 PAGE 31 of 35 of default, City may withhold any and all building permits until such time as the Density Bonus Contribution has been paid in full; provided, however that upon payment of the Density Bonus Contribution in full, Owner shall be entitled to the entire density bonus for all 142 residential dwelling units. Nothing herein shall prohibit City from pursuing any and all remedies available in law or equity including, without limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement shall expire. e. This Agreement shall not prevent Owner from pursuing any other density bonus(es), including, without limitation, the density bonus pursuant to Policy 2.9.1 of the City of Clermont Comprehensive Plan, which provides that any funding provided by a landowner/developer to the County for acquisition of road right-of-way, including ponds, easements and trails, may be eligible for a density bonus of two (2) dwelling units per acre in addition to transportation impact fee credits, and provides for a density bonus of two (2) dwelling units per acre for right-of-way donated for arterial or collector roads. 4. Authority. Owner has the full power and authority to make, deliver, enter into and perform pursuant to the terms and conditions of this Agreement and has taken all necessary action to authorize the execution, delivery, and performance of the terms and conditions of this Agreement. 5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page of this Agreement. 7. Amendment. Amendments to the provisions of this Agreement shall be made by the parties only in writing by formal amendment and shall be presented and approved by City Council. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. Attest: City Clerk Date: _ f) CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By. Name: As its: IML404- Date: 1 Q - l 1-Z0� (Signatures Continued on Next Page} AW. .r. 3 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1471 PAGE 32 of 35 Witnesses: PULTE HOME COMPANY, LLC, a Michigan limited liability company Signed, sealed and'" livered in our pr nee' Name: yl�NirrG'tFiL Its: LR�'c� �kn�4 nca,C?r'p1r.�T me: Date: 1gZA1 JOSS STATE OF FLORID COUNTY OF L QG— The foregoing instrument was acknowledged before me by means of L9� hysical presence or ❑ online notarization, this � day of Qo f , 2022, by k 0.�0'tl �st�( lL�� , as yk( Ck L=x%6 tie —\X 1MMA of Pulte Home Company, LLC a Michigaii limited liability company, on behalf of said company. S/He [ ] is personally known to me or [ as produced EL !)L (type of identification) as identification. Signature of Notary Public fltcok t c�15n�-ew Type or Print Name My Commission Expires: Seal Commission No. INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1472 PAGE 33 of 35 EXHIBIT "A" PARCELI: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. AND THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND 5 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1473 PAGE 34 of 35 THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENTAND RIGHTOF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEETTO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE 6 INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1474 PAGE 35 of 35 COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS CITY OF CLERMONT CAE —, ORDINANCE NO.2022-011 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: PARCELI: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. d" CLERWONT CITY OF CLERMONT ORDINANCE NO.2022-011 UN11 THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. I_U► 7 THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, CITY OF CLERMONT CLE ,f,,,- ORDINANCE NO.2022-011 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS LOCATION: 3 miles east of Schofield Road and US Hwy 27 intersection West of the Orange County line, adjacent to McKinney Road Approx. 304 +/- Acres Alternate Keys 1029198, 2689919, 1122848, 1070970, 1029201, 1594545 63, �LEMONT CITY OF CLERMONT elm ORDINANCE NO.2022-011 PROPERTY REZONING From: Lake County Agriculture To: City of Clermont (PUD) Planned Unit Development SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a 952 lot single-family residential subdivision on the property described above (hereinafter the "Property") with up to 198,634 square feet of center/commercial uses; be granted subject to the following conditions: 1. The conditions as set forth in this Planned Unit Development shall be legally binding upon any heirs, assigns and successors in title or interest. 2. The Property shall be developed in substantial accordance with Attachment A: Chicone PUD Land Use Plan, prepared by VHB with a latest issue date of Sept 1, 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. CITY OF CLERMONT CAE � - ORDINANCE NO.2022-011 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 shall be installed by the developer in the utility easements, if required by the City, 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 This application for a Planned Unit Development to allow for single-family residential development and commercial uses be granted subject to the following conditions: 1. The project may be developed in multiple phases. The project shall be developed according to the Neighborhood District in the Comprehensive Plan and Wellness Way Community Guidelines and Standards, unless expressly stated within this PUD. Conflicts or omissions will be addressed according to Section 1.6 of the Wellness Way Community Guidelines and Standards. 2. The project will be constructed to the Wellness Way Neighborhood Standards contained in the City's Comprehensive Plan and Wellness Way Community Guidelines and Standards, as referenced in Section 122-295 of the Land Development Code, as may be amended from time to time. The project is based upon the Wellness Way Policy 2.3.2 that requires the following: Total Property Area (TPA) 303.5 Acres Open Space 30% 91.1 Acres Center 5% 15.2 Acres Residential 65% 197.3 Acres CLER ' CITY OF CLERMONT �- ORDINANCE NO.2022-011 3. The Residential Program will be developed according to the table below: Wellness Way Area Program 711 dwelling units Policy 2.9.1 Density Bonus (49.8 acres of donated ROW x 2 du/acre) 99 dwelling units Policy 2.3.2 Density Bonus (711 du x 20% for Community Benefit) 142 dwelling units Total Maximum Residential Units 952 dwelling units 4. Parcel 4 and Parcel 5, as indicated on Sheet C-6, Master Plan, shall have only four total residential dwelling units. Until such time as requested by the City, solid waste services required on Parcel 4 and Parcel 5 (Fabry) shall continue to be served by designated franchisee or private provider. A gated access point for emergency and service personnel shall be installed at a connection point determined by the City for access to the private access drive serving Parcel 4 & Parcel 5 from the new internal roadway. The gate shall be installed at the time the internal roadway is completed and shall only be used for emergency and City services. 5. The Developer shall enter into a Community Benefit agreement with the City in order to receive a Density Bonus as set forth in Policy 2.3.2. The Community Benefit agreement shall be in the as set forth in Attachment B, attached hereto and, upon execution, the terms and conditions thereof, shall be incorporated herein and made a part hereof. The Community Benefit Agreement shall provide that the Developer shall pay to the City the sum of $15,000 per each bonus unit up to 142 total units to fund the construction of a fire station by the City. 6. The Center Program uses, according to Table 2.2.2 for the Neighborhood District in the Wellness Way Community Guidelines and Standards, will be developed according to the table below: Center Acres 15.2 Acres Floor Area Ratio Maximum 0.30 Total Maximum Center Program Uses 198,634 square feet CAECITY OF CLERMONT Cbweof«ORDINANCE NO.2022-011 7. Open Space shall consist of 91.1 acres, in which 60.7 acres will be used for Wellness Space and the remaining 30.3 acres for Green Space. All Open Space shall be open to the public consistent with Section 4.1.3 of the Wellness Way Community Guidelines and Standards. The Developer shall demonstrate compliance with Section 4 of the Wellness Way Community Guidelines and Standards at time of final site plan/platting approval. Open Space within each platted phase shall be open and accessible to the public. 8. An environmental assessment addressing habitat and species shall be submitted to the City during the construction plan approval stage of the overall project and prior to any development activities. 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. 9. The project may have elevation changes over 10 feet of cut/fill on 18.7% or 56.66 acres of the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Chicone PUD Land Use Plan. These changes will be submitted to the City Engineer for review and approval at the time of final engineering. 10. Development Standards: Development standards for the development of the residential dwelling units shall be based on the size of the lot, as indicated in the table below. Residential Development Standards Single Family Attached Dwelling Units (Townhomes) Single Family Detached Dwelling Units Rear Loaded Front Loaded Minimum Lot Width 20 ft 34 ft 50 ft Minimum Living Area (square feet) 1,000 1,200 1,500 Minimum Lot Depth 100 ft 110 ft 120 ft Minimum Front Building Setback (front load/rear load 20 ft/15 ft 15 ft 20 ft Minimum Front Porch Setback 8 ft 8 ft 8 ft Minimum Garage Setback (front/rear) (measured from edge of pavement) 20 ft/3 ft 3 ft 25 ft Minimum Side Yard Setback 0 ft/5 ft (end units) 5 ft 5 ft Setback From Side Street loft loft loft Minimum Rear Yard Setback 15 ft N/A 15 ft Minimum Rear Yard Setback for Pools, Patios, Decks or Ancillary Structures 5 ft 5 ft 5 ft Rear Setback from Edge of Alley Pavement 3 ft 3 ft N/A Minimum Building Separation loft loft loft Maximum Impervious Surface Ratio (ISR)l 0.85 0.75 0.75 Maximum Building Height2 40 ft 40 ft 40 ft Setback from Normal High Water Line, 25 ft 25 ft 25 ft d' CLERWONT CITY OF CLERMONT ORDINANCE NO.2022-011 Mean High Water Line, or Jurisdictional Wetland Line Minimum Front Yard Utility Easement ]Oft loft 10 ft Minimum Side and Rear Yard Drainage and Utility Easement 5 ft 5 ft 5 ft 'The maximum allowable ISR for the overall PUD development shall be 0.60. Individual lot ISR may exceed 0.60 as shown in the table above as long as overall maximum is not exceeded. 2The maximum height for recreational amenity buildings shall be 55 ft. 3 Garages shall be setback a minimum of 3 feet or 20 feet from rear alley 4 Minimum side setback shall be 4 feet on lots less than 40 feet as allowed by the LDC. 11. The Center Program shall be developed according to Section 2.3 Site and Architectural Standards for Centers within the Wellness Way Community Guidelines and Standards. Local streets and connector roads shall follow the Wellness Way standards found in Section 3.3.1. 12. The project may have gated private streets for vehicular access as indicated on the Chicone PUD Land Use Plan. Pedestrian and bicycle access shall be provided even if vehicular access is gated. Non -gated streets will be public streets. All streets and sidewalks including streets and sidewalks that may be dedicated to the public shall be maintained by any Homeowners Association or Community Development District created for or related to the Property or the project. For purposes herein, maintenance shall include, but not limited to, the repair, reconstruction, resurfacing and restriping. 13. The project may have private dead-end streets that terminate with a Cul-de-Sac per City code. 14. The project may have alleys using the Wellness Way design criteria from section 3.3.1(c). 15. The project shall be developed in accordance with the City of Clermont Utility Standards. 16. The Developer shall update the Traffic Impact Study to include the CR 455 Extension in the regional model run to include the percentage of project trips on all segments within the Wellness Way Regional Roadway network. This shall be completed prior to final City Council approval of this PUD. 17. The Developer shall reserve and dedicate the proposed CR 455 right-of-way and associated drainage for future dedication to Lake County. The cross section shall be consistent with figure 3.2.2 (a) in Wellness Way Community Guidelines and Standards and shall consist of a minimum of 20 foot grading, drainage, utility easements on each side of the proposed 120 foot width right of way for a total of 160 feet including easements. The dedication shall be made to Lake County and at the time it is either requested by the City or Lake County. CITY OF CLERMONT CAE ORDINANCE NO.2022-011 18. The Developer shall enter into a Proportionate Share Transportation Impact Fee Credit agreement or a road agreement (which may be in the form of a partial assignment of the existing Roadway Improvement Agreement for Wellness Way and Hancock Road Extension last executed March 23, 2021) with Lake County prior to the issuance of any construction including mass grading, infrastructure construction or building permit, subject to final approval by Lake County. The Agreement, at a minimum, shall require the Developer to fund improvements for right-of-way, design, permitting, and construction of roadways, traffic signals, intersection improvements 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; viii. Or as stipulated in the Proportionate Share Agreement. 19. Street lighting shall be included for all Planned Unit Development internal roadways and along Wellness Way and CR 455 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, operation, and maintenance. The lighting installed shall meet the Dark Sky standards. 20. School concurrency shall be met before final plat approval for the respective phase in accordance with the Comprehensive Plan and Land Development Code. 21. This Planned Unit Development shall expire in the event that significant continuous development actions authorized or required hereunder for any phase of the project do not occur for a period of three (3) years of the date that this Planned Unit Development is approved by the City Council and becomes legally effective. In the event of such expiration the provisions of City Code Section 122-316 (i) as amended, shall apply. 63 CLER �OI� CITY OF CLERMONT eaf« ORDINANCE NO.2022-011 SECTION 4: PUBLIC SERVICES 1. The Developer shall connect to the existing City potable water and sanitary sewer systems at connection point or points approved by the City. 2. The route of any off -site lines shall be according to engineering plans produced by the developer and approved by the City. 3. Any proposed City -maintained utilities that are not located within a 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 potable water and sanitary sewer systems improvements, including, but not limited to design, material, permitting, connection and installation of sufficient size lines, lift stations, property for city maintained facilities 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 Developer shall prepare plans, permit the project and construct the modification at the Developer's expense. 6. Except for model homes, no building permits shall be issued until water and sewer are provided to the site or until a bond or letter of credit, acceptable to the City, is in place to guarantee completion of off -site improvements. No Certificate of Occupancy shall be issued until water and sewer extensions have been completed and accepted by the City. 7. The City may require a looped system to provide reliability and redundancy to the property. The project shall be plumbed 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 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate standard 10 feet building separation. CITY OF CLERMONT C� of ORDINANCE NO.2022-011 12. Lift station access shall meet all City criteria. 13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater retention side slopes. 14. Notwithstanding anything contained herein to the contrary, to the extent that any water, or sewer improvements provide capacity additional to that required to serve the Project, the Developer and the City may, pursuant to Section 2-267 — Credits, of the City Code, enter into an impact fee agreement which shall provide for the establishment of credits and payment of impact fees in a specified manner and time. 15. The Developer or its assigns, including without limitation a community development district or homeowners association, shall permit, finance, construct, own, operate and maintain a pumping station and storage facility sufficiently sized to meet the irrigation requirements for the PROPERTY or as otherwise approved by the City. 16. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 17. All construction shall incorporate Water Sense plumbing fixtures, Energy Star appliances, and Water Star Silver requirements consistent with Section 5.4 of the Wellness Way Guidelines and Standards. SECTION 5: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 6: 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 7: 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 8: RECORDING This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees will be at the expense of the applicant. 6C CLER�" �ONT CITY OF CLERMONT C —-IIChamoi'xn ORDINANCE NO. 2022-011 SECTION 9: 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. CLERWONT CITY OF CLERMONT �.'« ORDINANCE NO.2022-011 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 1 IU' day of October 2022. City Clerk to form and legality: CITY OF CLERMONT Tim Murry, Mayo CLERWONT CITY OF CLERMONT - ORDINANCE NO.2022-011 Attachment A: Chicone PUD Land Use Plan September 1, 2022 13 pages c r CHICONE PUD Lake County, Florida Parcel ID: 24-23-26-0001-000-00100,24-23-26-DO02-D00-00600, 24-23-26-0002-000-01200,24-23-26-0001-000-00200, 1 24-23-26-0001-000-00300,24-23-26-0001-000-00400. Development Team Vhb Owner. Land Planner/Civil Engineer. Chicone Groves LLP VHB - P.O. Box 547636 225 E. Robinson Street, Suite 300 Orlando, FL 32854-7336 Orlando, Florida 32801 .,.„.,,...„...o„�_.,.» Phone: 407.839.4006 . Fax: 407.839.4008 Catherine E Ross Groves Inc P.O. Box 398 Landscape Architect Windermere, FL 34786 Foster Conant & Associates 100 W Lucerne Circle, Suite 401 Fabry Family Group LLC Orlando, Florida 32801 4566 N Apopka Vineland Road Orlando, FL 32818 Developer. Pulte Home Company, LLC LEGAL DESCRIPTION Paul E Fabry 4901 Vineland Road, Suite 500 SEE SHEET C-2 P.O. Box 784238 Orlando, Florida 32811 Winter Garden, FL 34778 Land Use Attorney. Jerry Jay e Jr Shutts & Bowen LLP P.O. Box 5476367636 300 South Orange Ave, Suite 1600 Orlando, FL 32854 Orlando, Florida 32801 Land Use Plan Issued for PUD Approval Dots Issued September 1, 2022 Latest Imn September 1, 2022 Numb. pawing Tide Latet lure C-2 Legal Descripam 9/1/2022 C-3 E lift Condaom Plan 9/1/to22 C-4 Erwkorme WCoft—Plan 9/1/2022 C-S Weave. Way Bmkvmd 9/1/2022 C-6 Mat. PUD Plan 9/1/2022 C-7 Development Standards 9/1/2072 C-B Typical Goad Swd— & Lot Diagrams 9/1/M C-9 Park Plan 9/1/M C-10 Cur & M NWpb 9/1/2022 Sw-10D-SN-tor sopPlan 9/1/2022 Request Rezone the property to PUD for a proposed development program of up to 952 residential units and approximately 15 acres of non-residential uses. 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(Rear Loaded) age,aaeT a%Fr,rer — Freer mile] ZT 110' SkpN-FMIJ Lot .if - 40' F 11C Silgk-Farrity Let SO' - W x IVY Single-Fw*v Ld (Rant Loaded (Raa,Lorded = Delaaled Garage) (Front Loaded) 1 L7—vAffih6 lrae.eranu. Chicone PUD ^ Lake County, Florida Development Standards C-% •rise ��� � MIN ------ ------ Figure 322 (b) Regloml Roadway Illusft&A Rural secdon Figum 33.1 (al) Neighborhood Conneftr Typlml Road Section Flgun (bl) Local Street Typkol Road Sado w/ 10' Tn11 7W*7"y Alley Typical Road Secdon Figure 3.3.1 (bl) Leal Street Typial Road Sectlon ;W'On-Sow Parldng ok iF ?— 33.1 (C) Ow Wy Ally Typical FWW Sectlon &.10. - css Chicone PUD LA. Cuffiy. FWki. Typical Road Sections C-8 CMCONEO AEI! —Taw Neew. R T.W Open K hOYLA�L K 1. AI Dropozed stormwxer ponds are pxmeabk xeas enhancesa—roes wl� nadeeregxxbn. bw 91 91 ]. Thelrlex geemvrys designxed as wetness spxeas Rs boxed neat to the proposed moM4vse troll goMng additsonN 61 61• ecnanonx xea. Gpwn!q 30 30• 3. proposed pxSspxeshal 6e designed cwenlead wnh S Mwl 1.3 d She WWM In the LDC. A. wand �ds•WN�essh Spa<enmay mists a{Grwll�5q o, Wllw�[M Th land all— M for open space on pxttl4 and 5Wll be 6 WIN per 5actlon A.l.3 ofthe—IAp. ID%— S Wce repui —nt. LEGEND _w¢LHEss SpACF gwIKAMFNTl1FD IONDHYENMW — DILEB1sp MkK SERVICE -���- MEA IWNDAl1Y • • • • • PEDESTRIMI TRAIL hb Chicone PUD _ E*.Cmwq.1Mda Park Plan C-9 G� yE2>0 Cut & Fill Analysis ( r� �111 11 111�11 11� ME am �/, plllllllllllllllll =_ __ II 11111111111111111 SEES N �I/I� p nuu mm umi _-_— _- 111 111��111 1���1 s 111 111 1 1 C 1 111 11 11 �� ,. III ill 1�11 11 1111 11[p IIlr ����I 11 1� • / mm p �1 11 1� woo umi nu nun — � 111��1111 11 11 11 1� SYMBOL GROUND Shill TYPE NUMBER OF SIGNS/ TS ELEMEN MA%W, HIT. 70 OROUNDALLOWED PER CODE MA%. mDTN ALLOAEDPER CODE MA%. COPY AREA ALLONED PER CODE PRIMARY RESIDENTIAL A DO 20 48S.F. SECONWY RESIDENTIAL A ! TQ 209P. ■ ARCINTECTURAL ELEMENT S Mm. HT. TO MAX. MAK COPY GROUND VADTN AREA PROPOSED PROPOSED PROPOSED SIGN- PER CODE ALLOWANCE PER CODE PER CODE ALLOWRNCE ALLOWANCE SIGN-6 PER CODE PER CODE ALLOYWNCE ALLOWANCE ELEMENT -20 _ MOCOPY PROPOSED br�/e A,b•NIwO��YPwM�O �,W,N Na w a �wrr w,,a�am rume rwo•��oavorr PRIMARY RESIDENTIAL CONANT i I I^ ■ �I I I I I I �� ■ �I I a L------ SIDE ELEVATION FRONT ELEVATION �l PRIMARY SIGN AREA ^PRIMARY SIGN W/ ARGH ELEMENT rLPRIMARY SIGN W/ ARGFI. ELEMENT �— * SECONDARY RESIDENTIAL n SEGONDARY 91GN AREA oo'r w.0 r Barr. curt SIDE ELEVATION �LSEC.UNDARY SIGN W/ AI�N. ELEMENT CHNWW uaer w.w,,,.carnn. y�� xaro� T� •'Gor.rr FRONT ELEVATION _ SECONDARY SIGN W/ ARGH. ELEMENT �N.,'n,� ■ • STAND-ALONE n ARGN. ELEMENT (1 ARCH. ELEMENT W/ RETAINING WALLS AND OPTIONAL CORNER SIGN ■I I LE J v � I i SECONDARY RESIDENTIAL 60' R.O.W. ENTRY v ii N't �!/�� �A_ Mm CONANT & ASSOCIATES mmr SN•102 c.�e CLER�T CITY OF CLEWONT ORDINANCE NO.2022-011 Attachment B: City of Clermont — Pulte Home Company October 11, 2022 6 pages COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the IL4*&y of r c he .ir 2022, by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and Pulte Home Company, LLC, a Michigan limited liability company, and any successors or assigns, whose mailing address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811 (the "Owner"). RECITALS A. Owner desires to develop approximately 303.50 +/- acres of property within the Wellness Way Area Plan located in Lake County, Florida, described and depicted in Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property"). B. The Property is currently zoned Agriculture District "A". C. Owner has filed with the City an annexation application and a Planned Unit Development ("PUD") rezoning application for a mixed -use residential and non-residential project on the Property, as shown on the PUD, which will be developed in multiple phases (the "Project"). D. The City of Clermont Comprehensive Plan Policy 2.3.2 requires the Owner to provide an extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way in order to be considered for an increase up to 20% above 3.6 dwelling units per acre. E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner has requested a 20% density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an additional 142 residential dwelling units in the Project. F. The City has identified a new fire station as of the off -site public infrastructure within Wellness Way as the justification for the 20% density bonus. G. The City has determined that the extraordinary upfront capital contribution to off -site public infrastructure within Wellness Way is Fifteen Thousand and No/100 Dollars ($15,000.00) for each additional residential dwelling unit to be allocated for a new fire station within Wellness Way. H. The City has determined that the proposal for development of the Property represents, among other things, an opportunity for the City to secure quality planning and growth in Wellness Way. NOW, THEREFORE, in consideration of the mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows: 1. Recitals. The above recitals are true and correct, are hereby incorporated herein by reference, and form a material part of this Agreement. 2. Legal Description. The Property described on Exhibit "A" attached hereto is subject to PUD Ordinance No. 2022-011 adopted by the City of Clermont City Council as of the date hereof, and Owner intends to develop a portion of such Property pursuant thereto. 3. Density Bonus. a. In order to receive the density bonus pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner will be obligated to make, at such time and in such amount as set forth in this Sections 3.b and 3.c below, a capital contribution to the City for construction of a new fire station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each of the 142 additional residential dwelling units (20% of the permitted 711 residential dwelling units) in excess of the permitted 711 residential dwelling units (with the aggregate contribution for all 142 units of TWO MILLION ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($2,130,000) being the "Density Bonus Contribution'). The Density Bonus Contribution for the fire station shall allocated by the City to the following costs to be incurred in connection with the construction of the fire station: surveying, design, engineering, and construction of the fire station and any other costs associated with the construction of the fire station. b. The Density Bonus Contribution shall be applied and the Density Bonus Contribution shall paid as follows: Payment Density # Amount on/before Bonus plat approval for initial phase 1 $435,000 of Project 29 1 year after 2 $435,000 Payment #1 29 1 year after 3 $435,000 Payment #2 29 1 year after 4 $435,000 Payment #3 29 5 $390,000 1/1/2028 26 Total DB Total $2,130,000 142 C. Owner shall be entitled to the density bonus corresponding to each of the installment payments as set forth above, as of the actual date of payment. Owner acknowledges and agrees that the Density Bonus Payment required hereunder shall be paid to the City in full as provided above, whether or not Owner avails itself of all of the 142 additional residential units. d. If Owner fails to timely pay any of the installments set forth in Section 3b above, Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not paid by Owner within such thirty (30) day period, then such failure to timely pay such portion of the Density Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event of default, City may withhold any and all building permits until such time as the Density Bonus Contribution has been paid in full; provided, however that upon payment of the Density Bonus Contribution in full, Owner shall be entitled to the entire density bonus for all 142 residential dwelling units. Nothing herein shall prohibit City from pursuing any and all remedies available in law or equity including, without limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement shall expire. e. This Agreement shall not prevent Owner from pursuing any other density bonus(es), including, without limitation, the density bonus pursuant to Policy 2.9.1 of the City of Clermont Comprehensive Plan, which provides that any funding provided by a landowner/developer to the County for acquisition of road right-of-way, including ponds, easements and trails, may be eligible for a density bonus of two (2) dwelling units per acre in addition to transportation impact fee credits, and provides for a density bonus of two (2) dwelling units per acre for right-of-way donated for arterial or collector roads. 4. Authoritv. Owner has the full power and authority to make, deliver, enter into and perform pursuant to the terms and conditions of this Agreement and has taken all necessary action to authorize the execution, delivery, and performance of the terms and conditions of this Agreement. 5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page of this Agreement. 7. Amendment. Amendments to the provisions of this Agreement shall be made by the parties only in writing by formal amendment and shall be presented and approved by City Council. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first above written. Attest: City Clerk Date: CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By: Name: j�fl M U �c� As its: Date: 10 11 " Z0 2, 2 (Signatures Continued on Next Page) Witnesses: STATE OF FLORID& COUNTY OF L PULTE HOME COMPANY, LLC, a Michigan limited liability company By: Name: A" SrA--&u41c-f6L Its: a4t'c nk--4 tjQ Date: I J_/ZA/ 102Z The foregoing instrument was acknowledged before me by means of L5" hysical presence or ❑ online notarization, this � day of dego 0, 2022, by kq�OV\ hAh -e Y , as Ti�!A(R-tkul bE LQXs,6 ')Q\X-10Q M--k of Pulte Home Company. LLC a Michigan limited liability company, on behalf of said company. H/ e [ ] is personally known to me or [ as produced FL. Ill. (type of identification) as identification. Signature of Notary Public Seal dcdp- U)15nrew516 Type or Print Name My Commission Expires: Commission No. 4-1 EXHIBIT "A" PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24, 20 FEET; THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY. PARCEL 2: THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA. AND THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. AND 5 THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. ROSS PARCELS THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA. FABRY PARCEL 1 ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. FABRY PARCEL 2 WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OFTHE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEETTO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE X COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA. PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS