Ordinance No. 2023-025INSTRUMENT#: 2024020361 OR BK 6287 PG 2309 PAGES: 34 2/23/2024 8:40:19 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $290.50
CC,
CLER� CITY OF CLERMONT
---, ORDINANCE NO.2023-025
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.
NOW THEREFORE, 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:
PARCEL ID: 13-23-25-090-0049-00000
A PARCEL OF LAND LYING IN SECTIONS 15, 16 AND 22, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 16; THENCE RUN SOUTH 89" 16'46" WEST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER FOR A DISTANCE OF 2479.84 FEET TO A POINT ON THE EAST
RIGHT OF WAY LINE OF U.S. HIGHWAY #27 /STATE ROAD #25 ACCORDING TO
FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 238422 1; THENCE
RUN NORTH 02"16'40" EAST ALONG SAID EAST RIGHT OF WAY LINE FOR A
DISTANCE OF 97.09 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN
NORTH 89"52'47" EAST FOR A DISTANCE OF 357.99 FEET TO A POINT ON THE EAST
LINE OF BRADSHAW ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE
RUN THE FOLLOWING COURSES ALONG SAID EAST LINE: NORTH 08'31'11" EAST
FOR A DISTANCE OF 108. 76 FEET; THENCE RUN NORTH 08"04'22" EAST FOR A
DISTANCE OF 203.58 FEET; THENCE RUN NORTH 07"32'08" EAST FOR A DISTANCE OF
301.61 FEET; THENCE RUN NORTH 08"01'59" EAST FOR A DISTANCE OF 100.03 FEET;
THENCE RUN NORTH 06" 13'32" EAST FOR A DISTANCE OF 99.03 FEET; THENCE RUN
NORTH 01 "53'26" WEST FOR A DISTANCE OF 106.21 FEET; THENCE RUN NORTH
17"53'1 Q" WEST FOR A DISTANCE OF 101.00 FEET; THENCE RUN NORTH 32"15' 43"
WEST FOR A DISTANCE OF 124.94 FEET; THENCE RUN NORTH 25"06'36" EAST FOR A
DISTANCE OF 22.17 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF 5 MILE
ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE
FOLLOWING COURSES ALONG SAID SOUTH LINE: SOUTH 88"38'57" EAST FOR A
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2310 PAGE 2 of 34
CLER' �, CITY OF CLERMONT
- ORDINANCE NO.2023-025
DISTANCE OF 193.29 FEET; THENCE RUN NORTH 89"50'32" EAST FOR A DISTANCE OF
154.07 FEET; THENCE RUN SOUTH 88"57'53" EAST FOR A DISTANCE OF 597.94 FEET;
THENCE RUN SOUTH 89"04' 13" EAST FOR A DISTANCE OF 1648.76 FEET; THENCE RUN
SOUTH 89" 10'22" EAST FOR A DISTANCE OF 300.67 FEET; THENCE RUN SOUTH
89"29' 11 " EAST FOR A DISTANCE OF 299.23 FEET; THENCE RUN SOUTH 89"35'06" EAST
FOR A DISTANCE OF 500.01 FEET; THENCE RUN SOUTH 89"37'32" EAST FOR A
DISTANCE OF 399.93 FEET; THENCE RUN SOUTH 88"36'09" EAST FOR A DISTANCE OF
100.54 FEET; THENCE RUN NORTH 8T01'31" EAST FOR A DISTANCE OF 99.52 FEET;
THENCE RUN NORTH 88"41' l 5" EAST FOR A DISTANCE OF 389.00 FEET; THENCE RUN
NORTH 75-39'41" EAST FOR A DISTANCE OF 180.49 FEET; THENCE RUN NORTH
70"38'01" EAST FOR A DISTANCE OF 85.81 FEET; THENCE RUN NORTH 75"47'42" EAST
FOR A DISTANCE OF 48.13 FEET; THENCE RUN NORTH 84"56'34" EAST FOR A
DISTANCE OF 22.09 FEET; THENCE DEPARTING SAID SOUTH MAINTAINED LINE
RUN SOUTH 00"18'54" WEST FOR A DISTANCE OF 47.05 FEET; THENCE RUN SOUTH
89"41'06" EAST FOR A DISTANCE OF 40.00 FEET; THENCE RUN NORTH
00" 18'54" EAST FOR A DISTANCE OF 50.00 FEET TO THE AFORESAID SOUTH
MAINTAINED LINE OF 5 MILE ROAD; THENCE RUN THE FOLLOWING COURSES
ALONG THE AFORESAID SOUTH MAINTAINED LINE AND THE WEST MAINTAINED
LINE OF 5 MILE ROAD: SOUTH 89"19'15" EAST FOR A DISTANCE OF 248.15 FEET;
THENCE RUN SOUTH 89"51'57" EAST FOR A DISTANCE OF 200.19 FEET; THENCE RUN
SOUTH 89"48'55" EAST FOR A DISTANCE OF 196.42 FEET; THENCE RUN SOUTH
89"25'54" EAST FOR A DISTANCE OF 201.34 FEET; THENCE RUN NORTH 89"56' 45"
EAST FOR A DISTANCE OF 301.13 FEET; THENCE RUN SOUTH 89"48'02" EAST FOR A
DISTANCE OF 400.83 FEET; THENCE RUN SOUTH 88"41'42" EAST FOR A DISTANCE OF
100.78 FEET; THENCE RUN NORTH 89"48'54" EAST FOR A DISTANCE OF 197.56 FEET;
THENCE RUN SOUTH 89"50'13" EAST FOR A DISTANCE OF 304.21 FEET; THENCE RUN
SOUTH 83"05'13" EAST FOR A DISTANCE OF 97.81 FEET; THENCE RUN SOUTH
60"30'46" EAST FOR A DISTANCE OF 47.74 FEET; THENCE RUN SOUTH 43"04°26" EAST
FOR A DISTANCE OF 62.59 FEET; THENCE RUN SOUTH 04"59'22"' EAST FOR A
DISTANCE OF 80.69 FEET; THENCE RUN SOUTH 02'24"26" WEST FOR A DISTANCE OF
404.28 FEET; THENCE RUN SOUTH 00'32'02" WEST FOR A DISTANCE OF 779.65 FEET
TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF AFORESAID SECTION 22; THENCE RUN NORTH 88"49'23"
WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1.79 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF 5 MILE ROAD AS RECORDED IN OFFICIAL RECORDS
BOOK 357, PAGE 21 OF THE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA; THENCE
RUN SOUTH 00"19'09" WEST ALONG SAID WEST RIGHT OF WAY LINE FOR A
DISTANCE OF 1310.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN
NORTH 89"00'54" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 1290.91 FEET
TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 22; THENCE RUN NORTH 00'20'55" EAST ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
AFORESAID SECTION 22 FOR A DISTANCE OF 1314.56 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTH LINE OF
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2311 PAGE 3 of 34
CITY OF CLERMONT
ORDINANCE NO.2023-025
THE NORTHWEST QUARTER OF SAID SECTION 22 FOR A DISTANCE OF 3969.87 FEET
TO THE POINT OF BEGINNING.
CONTAINING 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS.
EAST PARCEL
CONTAINS 8,269,644 SQUARE FEET, 189.84 ACRES
WEST PARCEL
CONTAINS 2,500,573 SQUARE FEET, 57.41 ACRES
OVERALL PROPERTY
CONTAINS 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS.
LOCATION:
1.5 miles south of Hartwood Marsh Road, east US 27 and south of Five Mile Road
Alternate Key 3926960
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PROPERTY REZONING
From: Urban Transition UT
To: Planned Unit Development (PUD)
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a single-family residential
subdivision and non-residential uses on the property described above (hereinafter the "Property");
be granted subject to the following conditions:
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2312 PAGE 4 of 34
CITY OF CLERMONT
ORDINANCE NO.2023-025
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: Wellness
Way Swap PUD Land Use Plan, prepared by VHB with a latest issue date of December
14, 2023. 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.
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.
5, All Fire Department Access for the Project shall be provided in Accordance with the
Florida Fire Prevention Code. The Alleys for the project are part of the Required Fire
Apparatus Access Road and shall meet the requirements of Chapter 18.2 of the Florida Fire
Prevention Code with a minimum width of 20 feet. The surface of the Fire Apparatus
Access Roads in the Alleys shall be striped with No Parking Fire Lane Yellow markings.
No Parking Fire Lane signs are required. The required No Parking Fire Lane Signs shall
be installed on both sides of the alleys, every 60 feet. All Multifamily Buildings and
Attached single family dwelling units shall be provided with Fire Sprinklers.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
This application for a Planned Unit Development to allow for single-family residential
development and non-residential uses be granted subject to the following conditions:
l . The project may be developed in multiple phases. The project shall be developed according
to the Neighborhood District and the Multi Use W 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.
The project will be constructed to the Wellness Way Neighborhood District and Multi Use
W District contained in the City's Comprehensive Plan and Wellness Way Community
Guidelines and Standards, as referenced in Section 125-464 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:
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2313 PAGE 5 of 34
CITY OF CLERMONT
ORDINANCE NO.2023-025
NEIGHBORHOOD DISTRICT
Total Property Area (TPA) minus wetlands
a'Ld
190.2 Acres
' Open Space
30%
57.1 Acres
Center
5%
9.5 Acres
I Residential
65%
123.6 Acres
I MULTI USE W DISTRICT
Total Property Area (TPA)
Open Space
Center
Residential
40.0 Acres
30%
12.0 Acres
20%
8.0 Acres
50%
I
20.0 Acres
The Developer has elected to use Policy 2.3.4.1: Flexibility of Future Land Use Category
Boundaries within Single Ownership if proposed PUD contains more than one Future Land
Use category, as in this case: Neighborhood District and Multi Use W District. The
developer may propose the relocation of the boundaries of each FLU category within the
boundaries of the PUD, to provide flexibility in overall project design. The resulting
development program/entitlement shall not exceed the program/entitlement of the original
FLU category boundaries. The burden is on the developer to show how the proposed
boundary modification results in a superior project design and how it exceeds the goal and
objectives of Wellness Way. In electing to use Policy 2.3.4.1, Developer has relocated the
boundaries of the Neighborhood District and Multi Use W District within this PUD and
has satisfied Developer's burden set forth in the immediately foregoing sentence.
The Residential Program will be developed according to the table below for the overall
PUD:
NEIGHBORHOOD DISTRICT 13.6 DU/ACRE
Wellness Way Area Program 445 dwelling units
Policy 2.9.1 Density Bonus 8 dwelling units
(4 acres of donated ROW x 2 du/acre)
Policy 2.3.2 Density Bonus 86 dwelling units
(123.6 ac x 4.3 du/ac 20% for Community Benefit)
MULTI USE W DISTRICT 8 DU/ACRE
Wellness Way Area Program 160 dwelling units
Total Maximum Residential Units 699 dwelling units
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2314 PAGE 6 of 34
CLE.,," -
CITY OF CLERMONT
ORDINANCE NO.2023-025
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 form 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.
6. The Non -Residential Program uses will be developed according to the table below:
NEIGHBORHOOD DISTRICT
Center Acres 1 9.5 Acres
Floor Area Ratio Maximum 1 0.30
Total Maximum Center Program Uses 124,041 square feet
MULTI -USE W DISTRICT
Center Acres 8.0 Acres
Floor Area Ratio Minimum 0.30
Total Maximum Center Program Uses + 104,570 square feet
Total Non -Residential I 228,612
7. Open Space shall consist of 69 acres, in which 59 acres will be used for Wellness Space
and the remaining 10 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 for each
phase. 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 17.2% or 42.5 acres of
the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Wellness Way Swap 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.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2315 PAGE 7 of 34
CLER16 C CITY OF CLERMONT
ORDINANCE NO.2023-025
' f f
RESIDENTIAL DEVELOPMENT
STANDARDS
Single Family
Attached
Single Family Detached
Dwelling Units
Dwelling Units
Townhomes
50' Lots I
60' Lots
Minimum Lot Width
20 ft
50 ft I
60 ft
Minimum Living Area (square feet)
1,400 !
1,500
1,500
Minimum Lot Depth
108 ft
120 ft
120 ft
Minimum Front Building Setback
15 ft (alley load)
20 ft
20 ft
Minimum Garage Setback (front/rear)
(measured from edge of pavement)
20 ft
25 ft I
25 ft
Minimum Side Yard Setback
0 ft/5 ft (end units)
5ft
5ft
Setback From Side Street
loft '
loft
loft
Minimum Rear Yard Setback
15 ft
15 ft
_
15 ft
Minimum Rear Yard Setback for Pools,
5ft +
5ft
5ft
Patios, Decks or Ancillary Structures
Minimum Building Separation
loft
l0 ft f
10 ft
Maximum Impervious Surface Ratio (ISR)l
0.85
0.75
0.75
Maximum Building Height2
2-stories
2-stories
2-stories
Setback from Normal High Water Line,
Mean High Water Line, or Jurisdictional
50 ft
50 ft
50 ft
Wetland Line
Minimum Front Yard Utility Easement
loft
loft
loft
Minimum Side and Rear Yard Drainage and
5ft I
5ft
5ft
Utility Easement
'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.
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.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2316 PAGE 8 of 34
CLAXw
CITY OF CLERMONT
ORDINANCE NO.2023-025
12. The project may have gated private streets for vehicular access as indicated on the Wellness
Way Swap 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
located east of Hancock Road 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 development will be served with connections on Hancock Road for the east side of the
property and US 27 for the west side of the property with no interconnection between the
two properties. The following intersection improvements will be required to be
constructed:
i. Project Driveway at Hancock Road: Add northbound left (245 feet), southbound left
(245 feet), northbound right turn lane (245 feet) and a southbound right (245 feet). Add
traffic signal when warrants are met.
ii. Project Driveway East at US 27: Add a full access connection on US 27 (permitting to
be obtained from FDOT at the time the West Property develops). Add a southbound
left (755 feet) and northbound right turn lane (505 feet). Add traffic signal when
warrants are met.
iii. School Entrance on East Property Access Road: Add an eastbound left turn lane (245
feet) with two-way stop control. This improvement shall be constructed by Lake
County School Board (LCSB).
17. 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 Segment D South — Phase 2 and Segment D North.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2317 PAGE 9 of 34
LER
CITY OF CLERMONT
ORDINANCE NO.2023-025
18. Prior to the issuance of any permits (horizontal, engineering, or vertical building permits),
for that phase of development that is adjacent to the existing Bradshaw Road, the developer
shall establish, to the satisfaction of the City and Lake County, that the future development of the
existing Bradshaw Rd (prescriptive County easement) can be achieved within public right-
of-way(ROW). The future ROW to be reserved shall be up to 60 foot in width along with
the possibility of an additional temporary slope easement.
19. Coordination between the Developer, Lake County, City of Clermont, and/or the Lake
County School Board shall be required for the continuation of the existing Clay Trail (aka
5 Mile Road). if the Clay Trail is elected to be improved or modified, all parties agree to
provide an equitable solution in preserving this important feature of the area.
20. Street lighting installation shall be included for all Planned Unit Development internal
roadways. The Developer shall coordinate with the power utility provider for the
installation and placement. The Developer, or any Homeowners Association or
Community Development District created for or related to the Property or the project, or
any phase thereof shall be responsible for the cost of installation, operation, and
maintenance of street lighting located east of Hancock Road. The lighting installed shall
meet the Dark Sky standards.
21. School concurrency shall be met before final plat approval for the respective phase in
accordance with the Comprehensive Plan and Land Development Code.
22. All school facilities shall be constructed in accordance with the Florida Department of
Education standards (SREF).
23. The Developer shall provide water quality treatment and attenuation meeting SJRWMD
requirements for all stormwater from the 15 acre Parcel 1 Elementary School Site in the
off -site pond located south of the south neighborhood connector road, in tract W-17.
24. The owner/developer shall notify owners in writing: (i) mining activities are in the vicinity
and there are sounds, fugitive dust particles and other potential hazards that may be
encountered periodically resulting from the existing sand mine, (ii) the property is located
within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions
may exist due to controlled burning, (iii) the property is located adjacent to a reclaimed
water and disposal facility, and (iv) the property is located adjacent to a proposed
elementary school site.
25. This Planned Unit Development shall expire in the event that significant continuous
development actions authorized or required hereunder for the initial phase of the project
do not occur for a period of three (3) years after 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 125-487 (i) as amended, shall apply.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2318 PAGE 10 of 34
CLA
CITY OF CLERMONT
ORDINANCE NO.2023-025
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.
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 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.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2319 PAGE 11 of 34
CG _R' CITY OF CLERMONT
ORDINANCE NO.2023-025
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 project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
16. 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.
17. Topsoil and/or soil amendments will be required prior to any landscape planting to help
reduce the irrigation needs to maintain healthy landscaping. Landscaping and screening
shall be in accordance with the Comprehensive Plan and LDC, as amended. Notice is
hereby given that Wellness Way specific standards are under development, and, if adopted,
shall apply to any undeveloped portions of this project.
18. All alley served residential dwelling units shall have a rear facing address number with
legible numbers not less than three -inches high, placed in a conspicuous place as to be
readily seen, such as over a door way or garage door.
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.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2320 PAGE 12 of 34
CITY OF CLERMONT
ORDINANCE NO.2023-025
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.
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# 2024020361 OR BOOK 6287/PAGE 2321 PAGE 13 of 34
Cl.E&-W
_
CITY OF CLERMONT
ORDINANCE NO.2023-025
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 23'd day of January 2024.
CITY OF CLERMONT
Tim Murry, Ma r
ATTEST:
Tracy Ackroyd owe, MMC
City Clerk
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2322 PAGE 14 of 34
CCITY OF CLERMONT
ORDINANCE NO.2023-025
tT
Attachment A:
Wellness Way Swap PUD Land Use Plan
Latest Issue Date — December 14, 2023
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2323 PAGE 15 of 34
WELLNESS WAY Land Use Plan
j SWAP PU D ate �ed kbruarye 0
"- Clermont, Florida Laeaatlrw Decemberl4,2023! —�
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Owner.
Land PlannsrXivil Engineer.
South lake Crow ngs N LLC
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$27 Main St
225 E. Robinson Stet, Suite 300
Windermem, FL 34786
Odando, Florida 32WI
Phone: 40'7.839.4006 • Far 407.839.4008
Cps H1tp, LLC
18981 US Highway 441
land llse Attorney -
ey.
Mt
Mt Dom, FL 32757
Shutts 6 Bowen LLP
300 South Ore Ave. Suite 1600
Developer.
Orlando, Flodda 32801
Lannar
6750 Forum Drive
Suite 310
Orlando. Flodds 32821
wr.rr re.
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2324 PAGE 16 of 34
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INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2334 PAGE 26 of 34
CITY OF CLERMONT
ORDINANCE NO.2023-025
Attachment B:
Community Benefit Agreement:
City of Clermont — South Lake Crossing IV LLC & CPB Hilltop LLC
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2335 PAGE 27 of 34
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as
of the 9day of2024 by and between THE CITY OF CLERMONT, a Florida
municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and
SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company, whose mailing address is 527
Main Street, Windermere, Florida 34786, and CPB HILLTOP, LLC, a Florida limited liability company,
whose mailing address is 18981 US Highway 441, Unit 357, Mount Dora, Florida 32757, and any
successors or assigns ("Developer").
RECITALS
A. Developer desires to develop certain real property, or a portion thereof, consisting of approximately
247.25+/- 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 (the "Property").
B. Prior to the date hereof, Developer filed with the City an annexation application and a Planned Unit
Development rezoning application.
C. The Property is subject to Planned Unit Development Ordinance No. 2023-025, adopted by the City
Council of the City of Clermont as of the date hereof (the "PUD"), which provides 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 Developer to provide an upfront
capital contribution to off site public infrastructure within Wellness Way in order for a density increase
of 20% above 3.6 dwelling units per acre.
E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer has requested a 20%
density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an
additional 86 residential dwelling units in the Project (the "Units").
F. The City has identified a fire station 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 Unit
to be allocated for the 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
Developer 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.
ORLDOCS 20391252 4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2336 PAGE 28 of 34
2. Densiti Bonus.
a. In order to receive the density bonus for the Property in the amount of 86 Units
pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer will be obligated to make,
at such times and in such amounts as set forth in Section 2.b below, a capital contribution to the City for
the construction of a fire station within Wellness Way in the amount of Fifteen Thousand and No/100
Dollars ($15,000.00) per each of the 86 Units, with the aggregate contribution for all 86 Units being equal
to One Million Two Hundred Ninety Thousand and No/100 Dollars ($1,290,000.00) (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 at such times and in such amounts as set forth below:
Installment
Payment # Amount on/before # of Units
_ .— plat
approval for
the initial
phase of
1 $645,000 Project 43
Plat
approval for
the final
phase of the
2 $645,000 Project 43
I Total $1,290,000 1 86
C. Developer shall be entitled to the number of Units corresponding to the respective
installment payment, as set forth in the table above, as of the actual date of payment of such installment
payment. Developer shall specifically note on the construction plans for such phase of the Project the total
number of Units and corresponding lot numbers in such phase.
d. If Developer fails to timely pay an installment payment set forth in Section 2.b
above, Developer 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 the failure to pay such installment payment is not
cured within thirty (30) days after receipt of such written notice from the City, then such failure shall
constitute a default under this Agreement. Developer expressly agrees, in the event of default, City may
withhold any and all building permits for 43 Units until such time as Developer pays such outstanding
installment payment; provided, however, that upon payment of such installment payment, Developer shall
be entitled to the 43 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 pursuant to the terms of the PUD,
then no payment shall be due hereunder and this Agreement shall expire upon cancellation of the PUD.
e. This Agreement shall not prevent Developer 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 Lake County
2
ORLDOCS 20391252 4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2337 PAGE 29 of 34
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.
3. Authority-. Developer 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.
4. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
5. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the
date this Agreement is last signed by City or Developer. The Effective Date shall be inserted on the first
page of this Agreement.
6. 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.
7. Counteraarts. This Agreement may be executed in any number of counterparts each of
which when executed and delivered, shall be an original, but all counterparts shall together constitute one
and the same instrument.
[signalure pages appear on immediately following pages]
ORLDOCS 20391252 4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2338 PAGE 30 of 34
IN WITNESS WHEREOF, the parties hereto have entered into this Community Benefit
ihi,as of the Effective Date.
� "''•tip;.
Kr
c y:
i'
City C, lerk oug
Date: Z 3 ZO ZL
ORLDOCS 20391252 4
CITY:
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
Name: l'� Y- ' Lt r'r y
As its: --rna4z1r—
Date: l - Z 3" Z o,Z 4
{Signatures Continued on Next Page}
4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2339 PAGE 31 of 34
Witnesses:
Signed, sealed and delivered
in our presence:
i
cName: y _
Nam
STATE OF FLORIDA
COUNTY OF ate( e
DEVELOPER:
SOUTH LAKE CROSSINGS IV LLC,
a Florida limited liability company
Name:
Its: —1 p r __
Date:
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this day of SMJ VNV--`i __, 2024, by e • Y-A �71Q-• as
of South Lake Crossings IV LLC, a Florida limited
liability company, on behalf of said company. S/He b(is personally known to me or [ ] has produced _
_ (type of identification) as identification.
'•: ILEAR eolreu,
*A C0ftde � �tttlOflM# l3'iµly��{
Seal
ORLDOCS 20392252 4
�Siaturf otary Public
c3.dcoq_R _ f ewN.✓
Type or Print Name
My Commission Expires:
Commission No. '�—
5
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2340 PAGE 32 of 34
Witnesses:
Signed, sealed and delivered
in our presence:
Name: s
STATE OF FLORIDA
DEVELOPER:
CPB HILLTOP, LLC,
a Florida limited liability company
By: Y"
Name: r — SCE\
_.
its: _ _ilk- L."_ j� �.' ___._ —.
Date: a _� 6 1 � �
COUNTY OF G['C'-�
The foregoing ins ent was ac owledged before me by means of physical presence or ❑
online notarization, this in day of . 2024, by ezrihAilk 1 d C A , as
_. of CPB Hilltop, LLC, aFlorida limited liability company,
on behalf of said company. S/He is personally known to me or [ ] has produced
(type of identification) as identification.
Signature of ' - - Public
Type or Print Name 4i""'�. MARWRET BRINK
`h; Notary Public - State of Florida
My Commission Expiresi' ssfen FNH 328493
Seal Commission No. '_•.., M1: Mv COMM. 15 +fires Dec 27, 2026
Bonded through National Notary Assn.
ORLDOCS 20391252 4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2341 PAGE 33 of 34
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Swap PUD Rezoning Application - Legal Description
A Parcel of land lying in Sections 15, 16 and 22, Township 23 South, Range 26 East, Lake County, Florida.
Being more particularly described as:
BEGINNING at the Southeast corner of the Southeast Quarter of said Section 16; thence run South
89" 16'46" West along the South line of said Southeast Quarter for a distance of 2479.84 feet to a point on
the East right of way line of U.S. Highway 427 /State Road #25 according to Florida Department of
Transportation Map Section 238422 1; thence run North 02"16'40" East along said East right of way line
for a distance of 97.09 feet; thence departing said East right of way line run North 89"52'47" East for a
distance of 357.99 feet to a point on the East line of Bradshaw Road as maintained by Lake County, Florida;
thence run the following courses along said East line: North 08'31'11" East for a distance of 108. 76 feet;
thence run North 08"04'22" East for a distance of 203.58 feet; thence run North 07"32'08" East for a distance
of 301.61 feet; thence run North 08"01'59" East for a distance of 100.03 feet; thence run North 06" 13'32"
East for a distance of 99.03 feet; thence run North 01 "53'26" West for a distance of 106.21 feet; thence run
North 17"53'1 Q" West for a distance of 101.00 feet; thence run North 32"15' 43" West for a distance of
124.94 feet; thence run North 25"06'36" East for a distance of 22.17 feet to the intersection with the South
line of 5 Mile Road as maintained by Lake County, Florida; thence run the following courses along said
South line: South 88"38'57" East for a distance of 193.29 feet; thence run North 89"50'32" East for a
distance of 154.07 feet; thence run South 88"57'53" East for a distance of 597.94 feet; thence run South
89"04'13" East for a distance of 1648.76 feet; thence run South 89" 10'22" East for a distance of 300.67 feet;
thence run South 89"29' 11 " East for a distance of 299.23 feet; thence run South 89"35'06" East for a distance
of 500.01 feet; thence run South 89"37'32" East for a distance of 399.93 feet; thence run South 88"36'09"
East for a distance of 100.54 feet; thence run North 8T0l'31" East for a distance of 99.52 feet; thence run
North 88"41'15" East for a distance of 389.00 feet; thence run North 75.39'41" East for a distance of 180.49
feet; thence run North 70"38'01" East for a distance of 85.81 feet; thence run North 75"47'42" East for a
distance of 48.13 feet; thence run North 84"56'34" East for a distance of 22.09 feet; thence departing said
South maintained line run South 00"18'54" West for a distance of 47.05 feet; thence run South 89"41'06"
East for a distance of 40.00 feet; thence run North 00" 18'54" East for a distance of 50.00 feet to the aforesaid
South maintained line of 5 Mile Road; thence run the following courses along the aforesaid South
maintained line and the West maintained line of 5 Mile Road: South 89" 19' 15" East for a distance of 248.15
feet; thence run South 89"51'57" East for a distance of 200.19 feet; thence run South 89"48'55" East for a
distance of 196.42 feet; thence run South 89"25'54" East for a distance of 201.34 feet; thence run North
89"56' 45" East for a distance of 301.13 feet; thence run South 89"48'02" East for a distance of 400.83 feet;
thence run South 88"41'42" East for a distance of 100.78 feet; thence run North 89"48'54" East for a distance
of 197.56 feet; thence run South 89"50'13" East for a distance of 304.21 feet; thence run South 83"05'13"
East for a distance of 97.81 feet; thence run South 60"30'46" East for a distance of 47.74 feet; thence run
South 43"04°26" East for a distance of 62.59 feet; thence run South 04"5922"' East for a distance of 80.69
feet; thence run South 02'24"26" West for a distance of 404.28 feet; thence run South 00'32'02" West for a
distance of 779.65 feet to a point on the North line of the Northeast Quarter of the Northeast Quarter of
aforesaid Section 22; thence run North 88"49'23" West along said North line for a distance of 1. 79 feet to
a point on the West right of way line of 5 Mile Road as recorded in Official Records Book 357, Page 21 of
the Public Records of Lake County. Florida, thence run South 00" 19'09" West along said West right of way
line for a distance of 1310.25 feet to a point on the South line of the Northeast Quarter of the Northeast
Quarter of said Section 22; thence run North 89"00'54" West along said South line for a distance of 1290.91
feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence
run North 00'20'55" East along the West line of the Northeast Quarter of the Northeast Quarter of aforesaid
ORLDOCS 20391252 4
INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2342 PAGE 34 of 34
Section 22 for a distance of 1314.56 feet to the Northwest corner of the Northeast Quarter of the Northeast
Quarter of said Section 22; thence run North 88"49'23" West along the North line of the Northwest Quarter
of the Northeast Quarter and the North line of the Northwest Quarter of said Section 22 for a distance of
3969.87 feet to the POINT OF BEGINNING.
Containing 10,770,217 square feet or 247.25 acres, more or less.
EAST PARCEL
Contains 8,269,644 square feet, 189.84 acres
WEST PARCEL
Contains 2,500,573 square feet, 57.41 acres
OVERALL PROPERTY
Contains 10,770,217 square feet or 247.25 acres, more or less.
8
ORLDOCS 2D391252 4
CLER1" �ONT CITY OF CLERMONT
� eof«a ORDINANCE NO. 2023-025
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.
NOW THEREFORE, 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 ID: 13-23-25-090-0049-00000
A PARCEL OF LAND LYING IN SECTIONS 15, 16 AND 22, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 16; THENCE RUN SOUTH 89"16'46" WEST ALONG THE SOUTH LINE OF SAID
SOUTHEAST QUARTER FOR A DISTANCE OF 2479.84 FEET TO A POINT ON THE EAST
RIGHT OF WAY LINE OF U.S. HIGHWAY #27 /STATE ROAD #25 ACCORDING TO
FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 238422 1; THENCE
RUN NORTH 02"16'40" EAST ALONG SAID EAST RIGHT OF WAY LINE FOR A
DISTANCE OF 97.09 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN
NORTH 89"52'47" EAST FOR A DISTANCE OF 357.99 FEET TO A POINT ON THE EAST
LINE OF BRADSHAW ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE
RUN THE FOLLOWING COURSES ALONG SAID EAST LINE: NORTH 08'31'lI" EAST
FOR A DISTANCE OF 108. 76 FEET; THENCE RUN NORTH 08"04'22" EAST FOR A
DISTANCE OF 203.58 FEET; THENCE RUN NORTH 07"32'08" EAST FOR A DISTANCE OF
301.61 FEET; THENCE RUN NORTH 08"01'59" EAST FOR A DISTANCE OF 100.03 FEET;
THENCE RUN NORTH 06" 13'32" EAST FOR A DISTANCE OF 99.03 FEET; THENCE RUN
NORTH 01 "53'26" WEST FOR A DISTANCE OF 106.21 FEET; THENCE RUN NORTH
17"53'1 Q" WEST FOR A DISTANCE OF 101.00 FEET; THENCE RUN NORTH 32"15' 43"
WEST FOR A DISTANCE OF 124.94 FEET; THENCE RUN NORTH 25"06'36" EAST FOR A
DISTANCE OF 22.17 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF 5 MILE
ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE
FOLLOWING COURSES ALONG SAID SOUTH LINE: SOUTH 88"38'57" EAST FOR A
CITY OF CLERMONT
CLE ORDINANCE NO.2023-025
DISTANCE OF 193.29 FEET; THENCE RUN NORTH 89"50'32" EAST FOR A DISTANCE OF
154.07 FEET; THENCE RUN SOUTH 88"57'53" EAST FOR A DISTANCE OF 597.94 FEET;
THENCE RUN SOUTH 89"04'13" EAST FOR A DISTANCE OF 1648.76 FEET; THENCE RUN
SOUTH 89"10'22" EAST FOR A DISTANCE OF 300.67 FEET; THENCE RUN SOUTH
89"29' 11 " EAST FOR A DISTANCE OF 299.23 FEET; THENCE RUN SOUTH 89"35'06" EAST
FOR A DISTANCE OF 500.01 FEET; THENCE RUN SOUTH 89"37'32" EAST FOR A
DISTANCE OF 399.93 FEET; THENCE RUN SOUTH 88"36'09" EAST FOR A DISTANCE OF
100.54 FEET; THENCE RUN NORTH 8T01'31" EAST FOR A DISTANCE OF 99.52 FEET;
THENCE RUN NORTH 88"41' 15" EAST FOR A DISTANCE OF 389.00 FEET; THENCE RUN
NORTH 75.39'41 " EAST FOR A DISTANCE OF 180.49 FEET; THENCE RUN NORTH
70"38'01" EAST FOR A DISTANCE OF 85.81 FEET; THENCE RUN NORTH 75"47'42" EAST
FOR A DISTANCE OF 48.13 FEET; THENCE RUN NORTH 84"56'34" EAST FOR A
DISTANCE OF 22.09 FEET; THENCE DEPARTING SAID SOUTH MAINTAINED LINE
RUN SOUTH 00"18'54" WEST FOR A DISTANCE OF 47.05 FEET; THENCE RUN SOUTH
89"41'06" EAST FOR A DISTANCE OF 40.00 FEET; THENCE RUN NORTH
00" 18'54" EAST FOR A DISTANCE OF 50.00 FEET TO THE AFORESAID SOUTH
MAINTAINED LINE OF 5 MILE ROAD; THENCE RUN THE FOLLOWING COURSES
ALONG THE AFORESAID SOUTH MAINTAINED LINE AND THE WEST MAINTAINED
LINE OF 5 MILE ROAD: SOUTH 89"19'15" EAST FOR A DISTANCE OF 248.15 FEET;
THENCE RUN SOUTH 89"51'57" EAST FOR A DISTANCE OF 200.19 FEET; THENCE RUN
SOUTH 89"48'55" EAST FOR A DISTANCE OF 196.42 FEET; THENCE RUN SOUTH
89"25'54" EAST FOR A DISTANCE OF 201.34 FEET; THENCE RUN NORTH 89"56' 45"
EAST FOR A DISTANCE OF 301.13 FEET; THENCE RUN SOUTH 89"48'02" EAST FOR A
DISTANCE OF 400.83 FEET; THENCE RUN SOUTH 88"41'42" EAST FOR A DISTANCE OF
100.78 FEET; THENCE RUN NORTH 89"48'54" EAST FOR A DISTANCE OF 197.56 FEET;
THENCE RUN SOUTH 89"50'13" EAST FOR A DISTANCE OF 304.21 FEET; THENCE RUN
SOUTH 83"05'13" EAST FOR A DISTANCE OF 97.81 FEET; THENCE RUN SOUTH
60"30'46" EAST FOR A DISTANCE OF 47.74 FEET; THENCE RUN SOUTH 43"04°26" EAST
FOR A DISTANCE OF 62.59 FEET; THENCE RUN SOUTH 04"59'22"' EAST FOR A
DISTANCE OF 80.69 FEET; THENCE RUN SOUTH 02'24"26" WEST FOR A DISTANCE OF
404.28 FEET; THENCE RUN SOUTH 00'32'02" WEST FOR A DISTANCE OF 779.65 FEET
TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF AFORESAID SECTION 22; THENCE RUN NORTH 88"49'23"
WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1.79 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE OF 5 MILE ROAD AS RECORDED IN OFFICIAL RECORDS
BOOK 357, PAGE 21 OF THE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA; THENCE
RUN SOUTH 00" 19'09" WEST ALONG SAID WEST RIGHT OF WAY LINE FOR A
DISTANCE OF 1310.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN
NORTH 89"00'54" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 1290.91 FEET
TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 22; THENCE RUN NORTH 00'20'55" EAST ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
AFORESAID SECTION 22 FOR A DISTANCE OF 1314.56 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTH LINE OF
CITY OF CLERMONT
CLE ORDINANCE NO.2023-025
THE NORTHWEST QUARTER OF SAID SECTION 22 FOR A DISTANCE OF 3969.87 FEET
TO THE POINT OF BEGINNING.
CONTAINING 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS.
EAST PARCEL
CONTAINS 8,269,644 SQUARE FEET, 189.84 ACRES
WEST PARCEL
CONTAINS 2,500,573 SQUARE FEET, 57.41 ACRES
OVERALL PROPERTY
CONTAINS 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS.
LOCATION:
1.5 miles south of Hartwood Marsh Road, east US 27 and south of Five Mile Road
Alternate Key 3926960
PROPERTY REZONING
From: Urban Transition UT
To: Planned Unit Development (PUD)
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a single-family residential
subdivision and non-residential uses on the property described above (hereinafter the "Property");
be granted subject to the following conditions:
S
CLERWONT CITY OF CLERMONT
«ea,« ORDINANCE NO.2023-025
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: Wellness
Way Swap PUD Land Use Plan, prepared by VHB with a latest issue date of December
14, 2023. 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 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.
5. All Fire Department Access for the Project shall be provided in Accordance with the
Florida Fire Prevention Code. The Alleys for the project are part of the Required Fire
Apparatus Access Road and shall meet the requirements of Chapter 18.2 of the Florida Fire
Prevention Code with a minimum width of 20 feet. The surface of the Fire Apparatus
Access Roads in the Alleys shall be striped with No Parking Fire Lane Yellow markings.
No Parking Fire Lane signs are required. The required No Parking Fire Lane Signs shall
be installed on both sides of the alleys, every 60 feet. All Multifamily Buildings and
Attached single family dwelling units shall be provided with Fire Sprinklers.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
This application for a Planned Unit Development to allow for single-family residential
development and non-residential 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 and the Multi Use W 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 District and Multi Use
W District contained in the City's Comprehensive Plan and Wellness Way Community
Guidelines and Standards, as referenced in Section 125-464 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:
CITY OF CLERMONT
C� ,, ORDINANCE NO.2023-025
NEIGHBORHOOD DISTRICT
Total Property Area (TPA) minus wetlands 190.2 Acres
Open Space 30% 57.1 Acres
Center 5% 9.5 Acres
Residential 65% 123.6 Acres
MULTI USE W DISTRICT
Total Property Area (TPA) WWI40.0 Acres
Open Space 30% 12.0 Acres
Center 20% 8.0 Acres
Residential 50% 20.0 Acres I
3. The Developer has elected to use Policv 2.3.4.1: Flexibility of Future Land Use Category
Boundaries within Single Ownership if proposed PUD contains more than one Future Land
Use category, as in this case: Neighborhood District and Multi Use W District. The
developer may propose the relocation of the boundaries of each FLU category within the
boundaries of the PUD, to provide flexibility in overall project design. The resulting
development program/entitlement shall not exceed the program/entitlement of the original
FLU category boundaries. The burden is on the developer to show how the proposed
boundary modification results in a superior project design and how it exceeds the goal and
objectives of Wellness Way. In electing to use Policy 2.3.4.1, Developer has relocated the
boundaries of the Neighborhood District and Multi Use W District within this PUD and
has satisfied Developer's burden set forth in the immediately foregoing sentence.
4. The Residential Program will be developed according to the table below for the overall
PUD:
NEIGHBORHOOD DISTRICT I 3.6 DU/ACRE
Wellness Way Area Program 1 445 dwelling units
Policy 2.9.1 Density Bonus 8 dwelling units
(4 acres of donated ROW x 2 du/acre)
Policy 2.3.2 Density Bonus 86 dwelling units
(123.6 ac x 4.3 du/ac 20% for Community Benefit)
MULTI USE W DISTRICT 8 DU/ACRE
Wellness Way Area Program 160 dwelling units
Total Maximum Residential Units 699 dwelling units
S_
CLEMONT CITY OF CLERMONT
ORDINANCE NO.2023-025
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 form 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.
6. The Non -Residential Program uses will be developed according to the table below:
NEIGHBORHOOD DISTRICT
Center Acres 9.5 Acres
Floor Area Ratio Maximum 0.30
Total Maximum Center Program Uses 124,041 square feet
MULTI -USE W DISTRICT
Center Acres 8.0 Acres
Floor Area Ratio Minimum 0.30
Total Maximum Center Program Uses 104,570 square feet
Total Non -Residential 228,612
7. Open Space shall consist of 69 acres, in which 59 acres will be used for Wellness Space
and the remaining 10 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 for each
phase. 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 17.2% or 42.5 acres of
the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Wellness Way Swap 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.
CI.ERW" T CITY OF CLERMONT
�.� ORDINANCE NO.2023-025
RESIDENTIAL DEVELOPMENT
STANDARDS
Single Family
Attached
Single Family
Detached
Dwelling Units
Dwelling
Units
Townhomes
50' Lots
60' Lots
Minimum Lot Width
20 ft
50 ft
60 ft
Minimum Living Area (square feet)
1,400
1,500
1,500
Minimum Lot Depth
108 ft
120 ft
120 ft
Minimum Front Building Setback
15 ft (alley load)
20 ft
20 ft
Minimum Garage Setback (front/rear)
20 ft
25 ft
25 ft
(measured from edge of pavement)
Minimum Side Yard Setback
0 ft15 ft (end units)
5ft
5ft
Setback From Side Street
loft
loft
loft
Minimum Rear Yard Setback
15 ft
15 ft
15 ft
Minimum Rear Yard Setback for Pools,
5ft
5ft
5ft
Patios, Decks or Ancillary Structures
Minimum Building Separation
loft
loft
10 ft
Maximum Impervious Surface Ratio (ISR)'
0.85
0.75
0.75
Maximum Building Height'
2-stories
2-stories
2-stories
Setback from Normal High Water Line,
Mean High Water Line, or Jurisdictional
50 ft
50 ft
50 ft
Wetland Line
Minimum Front Yard Utility Easement
loft
loft
loft
Minimum Side and Rear Yard Drainage and
5ft
5ft
5ft
Utility Easement
'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.
'The maximum height for recreational amenity buildings shall be 55 ft.
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.
CITY OF CLERMONT
CLEF NT ORDINANCE NO.2023-025
12. The project may have gated private streets for vehicular access as indicated on the Wellness
Way Swap 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
located east of Hancock Road 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 development will be served with connections on Hancock Road for the east side of the
property and US 27 for the west side of the property with no interconnection between the
two properties. The following intersection improvements will be required to be
constructed:
i. Project Driveway at Hancock Road: Add northbound left (245 feet), southbound left
(245 feet), northbound right turn lane (245 feet) and a southbound right (245 feet). Add
traffic signal when warrants are met.
ii. Project Driveway East at US 27: Add a full access connection on US 27 (permitting to
be obtained from FDOT at the time the West Property develops). Add a southbound
left (755 feet) and northbound right turn lane (505 feet). Add traffic signal when
warrants are met.
iii. School Entrance on East Property Access Road: Add an eastbound left turn lane (245
feet) with two-way stop control. This improvement shall be constructed by Lake
County School Board (LCSB).
17. 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 Segment D South — Phase 2 and Segment D North.
6
CLEOONT CITY OF CLERMONT
—e'er ORDINANCE NO.2023-025
18. Prior to the issuance of any permits (horizontal, engineering, or vertical building permits),
for that phase of development that is adjacent to the existing Bradshaw Road, the developer
shall establish, to the satisfaction of the City and Lake County, that the future development of the
existing Bradshaw Rd (prescriptive County easement) can be achieved within public right-
of-way(ROW). The future ROW to be reserved shall be up to 60 foot in width along with
the possibility of an additional temporary slope easement.
19. Coordination between the Developer, Lake County, City of Clermont, and/or the Lake
County School Board shall be required for the continuation of the existing Clay Trail (aka
5 Mile Road). If the Clay Trail is elected to be improved or modified, all parties agree to
provide an equitable solution in preserving this important feature of the area.
20. Street lighting installation shall be included for all Planned Unit Development internal
roadways. The Developer shall coordinate with the power utility provider for the
installation and placement. The Developer, or any Homeowners Association or
Community Development District created for or related to the Property or the project, or
any phase thereof shall be responsible for the cost of installation, operation, and
maintenance of street lighting located east of Hancock Road. The lighting installed shall
meet the Dark Sky standards.
21. School concurrency shall be met before final plat approval for the respective phase in
accordance with the Comprehensive Plan and Land Development Code.
22. All school facilities shall be constructed in accordance with the Florida Department of
Education standards (SREF).
23. The Developer shall provide water quality treatment and attenuation meeting SJRWMD
requirements for all stormwater from the 15 acre Parcel 1 Elementary School Site in the
off -site pond located south of the south neighborhood connector road, in tract W-17.
24. The owner/developer shall notify owners in writing: (i) mining activities are in the vicinity
and there are sounds, fugitive dust particles and other potential hazards that may be
encountered periodically resulting from the existing sand mine, (ii) the property is located
within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions
may exist due to controlled burning, (iii) the property is located adjacent to a reclaimed
water and disposal facility, and (iv) the property is located adjacent to a proposed
elementary school site.
25. This Planned Unit Development shall expire in the event that significant continuous
development actions authorized or required hereunder for the initial phase of the project
do not occur for a period of three (3) years after 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 125-487 (i) as amended, shall apply.
CLER ONT CITY OF CLEPWONT
ORDINANCE NO.2023-025
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.
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 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.
CLERONT CITY OF CLERMONT
ORDINANCE NO.2023-025
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 project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
16. 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.
17. Topsoil and/or soil amendments will be required prior to any landscape planting to help
reduce the irrigation needs to maintain healthy landscaping. Landscaping and screening
shall be in accordance with the Comprehensive Plan and LDC, as amended. Notice is
hereby given that Wellness Way specific standards are under development, and, if adopted,
shall apply to any undeveloped portions of this project.
18. All alley served residential dwelling units shall have a rear facing address number with
legible numbers not less than three -inches high, placed in a conspicuous place as to be
readily seen, such as over a door way or garage door.
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.
CITY OF CLERMONT
C ORDINANCE NO.2023-025
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.
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.
CLEMONT CITY OF CLERMONT
ORDINANCE NO.2023-025
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 23`d day of January 2024.
ATTEST:
Tracy Ackroyd owe, k�—
City Clerk
CITY OF CLERMONT
%MaL
Tim Murry,r y\
CLER% NT CITY OF CLERMONT
��� ORDINANCE N0.2023-025
Attachment A:
Wellness Way Swap PUD Land Use Plan
Latest Issue Date — December 14, 2023
♦j0
`���
hb
WELLNESS WAY
SWAP PU D
Clermont, Florida
Parcel ID: 13-23-25-090-0049-00000
! e 1
Low Mao
Land Use Plan
Issued for PUD Approval
Date Issued February 8, 2023
Latest Issue December 14, 2023
Number Drawing Tate Latest Issue
C-2
Existing Condaions Plan
5/24/2023
C-4
Land Use Plan
12/14/2023
C-S
Development Standards
12/14/2023
C-7
Typical Lot Diagrams
10/6/2023
-7
Proposed Build Elevstlons
10/6=3
C-B
Park Plan
12/U/2023
-
Cu 8 it n
C-10 Sgruge Plan 11/21/2023
Owner
Land Planner/Civil Engineer
South Lake Crossings IV LLC
VHB
527 Main St
225 E. Robinson Street, Suite 300
Windermere, FL 34786
Orlando, Florida 32801
Phone: 407.839.4006 . Fax: 407.839.4008
CPB Hiltop, LLC
Land Use Attorney:
18981 US Highway 441
Mt Dora, FL 32757
Shutts & Bowen LLP
300 South Orange Ave. Suite 1600
Orlando, Florida 32801
Developer.
Lennar
6750 Forum Drive
Suite 310
Orlando, Florida 32821
2150
2150 —
1
2150
.
II 8360
8360 8360
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WELLNESS WAY I
4.
SIGNAGE PLAN
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primary Resider id Sig,
6
CLEMONT CITY OF CLERMONT
ORDINANCE NO.2023-025
Attachment B :
Community Benefit Agreement:
City of Clermont — South Lake Crossing IV LLC & CPB Hilltop LLC
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as
of the 23 day of AQ,,nta. CoXN 2024 by and between THE CITY OF CLERMONT, a Florida
municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and
SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company, whose mailing address is 527
Main Street, Windermere, Florida 34786, and CPB HILLTOP, LLC, a Florida limited liability company,
whose mailing address is 18981 US Highway 441, Unit 357, Mount Dora, Florida 32757, and any
successors or assigns ("Developer").
RECITALS
A. Developer desires to develop certain real property, or a portion thereof, consisting of approximately
247.25+/- 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 (the "Property").
B. Prior to the date hereof, Developer filed with the City an annexation application and a Planned Unit
Development rezoning application.
C. The Property is subject to Planned Unit Development Ordinance No. 2023-025, adopted by the City
Council of the City of Clermont as of the date hereof (the "PUD"), which provides 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 Developer to provide an upfront
capital contribution to off -site public infrastructure within Wellness Way in order for a density increase
of 20% above 3.6 dwelling units per acre.
E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer has requested a 20%
density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an
additional 86 residential dwelling units in the Project (the "Units").
F. The City has identified a fire station 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 Unit
to be allocated for the 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
Developer 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.
ORLDOCS 20391252 4
2. Density Bonus.
a. In order to receive the density bonus for the Property in the amount of 86 Units
pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer will be obligated to make,
at such times and in such amounts as set forth in Section 2.b below, a capital contribution to the City for
the construction of a fire station within Wellness Way in the amount of Fifteen Thousand and No/100
Dollars ($15,000.00) per each of the 86 Units, with the aggregate contribution for all 86 Units being equal
to One Million Two Hundred Ninety Thousand and No/100 Dollars ($1,290,000.00) (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 at such times and in such amounts as set forth below:
Installment
Payment # Amount on/before # of Units
plat
approval for
the initial
phase of
1 $645,000 Project 43
Plat
approval for
the final
phase of the
2 $645,000 Project 43
I Total $1,290,000 1 86
C. Developer shall be entitled to the number of Units corresponding to the respective
installment payment, as set forth in the table above, as of the actual date of payment of such installment
payment. Developer shall specifically note on the construction plans for such phase of the Project the total
number of Units and corresponding lot numbers in such phase.
d. If Developer fails to timely pay an installment payment set forth in Section 2.b
above, Developer 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 the failure to pay such installment payment is not
cured within thirty (30) days after receipt of such written notice from the City, then such failure shall
constitute a default under this Agreement. Developer expressly agrees, in the event of default, City may
withhold any and all building permits for 43 Units until such time as Developer pays such outstanding
installment payment; provided, however, that upon payment of such installment payment, Developer shall
be entitled to the 43 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 pursuant to the terms of the PUD,
then no payment shall be due hereunder and this Agreement shall expire upon cancellation of the PUD.
e. This Agreement shall not prevent Developer 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 Lake County
ORLDOCS 20391252 4
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.
3. Authority. Developer 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.
4. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
5. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the
date this Agreement is last signed by City or Developer. The Effective Date shall be inserted on the first
page of this Agreement.
6. 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.
7. Counterparts. This Agreement may be executed in any number of counterparts each of
which when executed and delivered, shall be an original, but all counterparts shall together constitute one
and the same instrument.
[signature pages appear on immediately following pages]
ORLDOCS 20391252 4
IN WITNESS WHEREOF, the parties hereto have entered into this Community Benefit
eT%as of the Effective Date.
City Clerk
r,c q A.�Ao,Y-P
Date: ' -- Z 3 - zo 74
ORLDOCS 20391252 4
CITY:
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
By.
Name: Y J t t r r
As its: Ma4zx-
Date: I- Z--�- Z 0 Z 4
(Signatures Continued on Next Page)
4
Witnesses:
Signed, sealed and delivered
in our presence:
Name:
Nam C4XAO
1A
12-"fOWC:;;!
STATE OF FLORIDA
COUNTY OF Q4A-reAC-
DEVELOPER:
SOUTH LAKE CROSSINGS IV LLC,
a Florida limited liability company
By:
Name: �_ l
Its: _% Ks +p
Date: 1 3�
The foregoing instrument was acknowledged before me by means of jai• physical presence or ❑
online notarization, this 31 day of.SA J V"4 .2024, by,4�'O" J • V-A" 17m- . as
MAtAAE fly PAV0A eW- of South Lake Crossings IV LLC, a Florida limited
liability company, on behalf of said company. S/He b(is personally known to me or [ ] has produced
(type of identification) as identification.
amR - Signature6fotaryublic
SOIIVELL w:
'For A-6r* Expke� � �Y � 202i Type or Print Name
My Commission Expires: t L 3 yo L�-
Sea] Commission No. RV 3 Z
ORLDOCS 20391252 4
Witnesses:
Signed, sealed and delivered
in our presence:
Name:
//-I ..;
STATE OF FLORIDA
COUNTY OF Ok),-� SL
DEVELOPER:
CPB HILLTOP, LLC,
a Florida limited liability company
By: J� 1•
Name:__
Its: 9> t- D -4—
Date:
r
a
The foregoing instrument was acknowledged before me by means of 3 physical presence or ❑
online notarization, this �-i"' day of R�r\ . 2024, by �NrAdt J� 1111,(0 VI . as
YY IAtA a A. 1 of CPB Hilltop, LLC, a Florida limited liability company,
on behalf of said company. S/He Mlis personally known to me or [ ] has produced
(type of identification) as identification.
t
V�Q
Signature of Public
Type or Print Name i►9Y °ti ••. MARGARET BRINK
Notary Public • State of Florida
My Commission Expires.: miSsieR A HH 328493
Seal Commission No. ors My Comm. Expires Dec 27, 2026
Bonded through National Notary Assn.
ORIDOCS 20391252 4
r ' ' jar . i
k
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Swap PUD Rezoning Application - Legal Description
A Parcel of land lying in Sections 15, 16 and 22, Township 23 South, Range 26 East, Lake County, Florida.
Being more particularly described as:
BEGINNING at the Southeast corner of the Southeast Quarter of said Section 16; thence run South
89" 16'46" West along the South line of said Southeast Quarter for a distance of 2479.84 feet to a point on
the East right of way line of U.S. Highway #27 /State Road #25 according to Florida Department of
Transportation Map Section 238422 1; thence run North 02"16'40" East along said East right of way line
for a distance of 97.09 feet; thence departing said East right of way line run North 89"52'47" East for a
distance of 357.99 feet to a point on the East line of Bradshaw Road as maintained by Lake County, Florida;
thence run the following courses along said East line: North 08'31'11" East for a distance of 108. 76 feet;
thence run North 08"04'22" East for a distance of 203.58 feet; thence run North 07"32'08" East for a distance
of 301.61 feet; thence run North 08"01'59" East for a distance of 100.03 feet; thence run North 06" 13'32"
East for a distance of 99.03 feet; thence run North 01"53'26" West for a distance of 106.21 feet; thence run
North 17"53'1 Q" West for a distance of 101.00 feet; thence run North 32"15' 43" West for a distance of
124.94 feet; thence run North 25"06'36" East for a distance of 22.17 feet to the intersection with the South
line of 5 Mile Road as maintained by Lake County, Florida; thence run the following courses along said
South line: South 88"38'57" East for a distance of 193.29 feet; thence run North 89"50'32" East for a
distance of 154.07 feet; thence run South 88"57'53" East for a distance of 597.94 feet; thence run South
89"04' 13" East fora distance of 1648.76 feet; thence run South 89" 10'22" East fora distance of 300.67 feet;
thence run South 89"29' 11" East for a distance of 299.23 feet; thence run South 89"35'06" East for a distance
of 500.01 feet; thence run South 89"37'32" East for a distance of 399.93 feet; thence run South 88"36'09"
East for a distance of 100.54 feet; thence run North 8T01'31" East for a distance of 99.52 feet; thence run
North 88"41'l5" East for a distance of 389.00 feet; thence run North 75.39'41" East for a distance of 180.49
feet; thence run North 70"38'01" East for a distance of 85.81 feet; thence run North 75"47'42" East for a
distance of 48.13 feet; thence run North 84"56'34" East for a distance of 22.09 feet; thence departing said
South maintained line run South 00" 18'54" West for a distance of 47.05 feet; thence run South 89"41'06"
East for a distance of 40.00 feet; thence run North 00" 18'54" East for a distance of 50.00 feet to the aforesaid
South maintained line of 5 Mile Road; thence run the following courses along the aforesaid South
maintained line and the West maintained line of 5 Mile Road: South 89" 19' 15" East for a distance of 248.15
feet; thence run South 89"51'57" East for a distance of 200.19 feet; thence run South 89"48'55" East for a
distance of 196.42 feet; thence run South 89"25'54" East for a distance of 201.34 feet; thence run North
89"56' 45" East for a distance of 301.13 feet; thence run South 89"48'02" East for a distance of 400.83 feet;
thence run South 88"41'42" East for a distance of 100.78 feet; thence run North 89"48'54" East for a distance
of 197.56 feet; thence run South 89"50'13" East for a distance of 304.21 feet; thence run South 83"05'13"
East for a distance of 97.81 feet; thence run South 60"30'46" East for a distance of 47.74 feet; thence run
South 43"04°26" East for a distance of 62.59 feet; thence run South 04"59'221" East for a distance of 80.69
feet; thence run South 02'24"26" West for a distance of 404.28 feet; thence run South 00'32'02" West for a
distance of 779.65 feet to a point on the North line of the Northeast Quarter of the Northeast Quarter of
aforesaid Section 22; thence run North 88"49'23" West along said North line for a distance of 1. 79 feet to
a point on the West right of way line of 5 Mile Road as recorded in Official Records Book 357, Page 21 of
the Public Records of Lake County. Florida; thence run South 00" 19'09" West along said West right of way
line for a distance of 1310.25 feet to a point on the South line of the Northeast Quarter of the Northeast
Quarter of said Section 22; thence run North 89"00'54" West along said South line for a distance of 1290.91
feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence
run North 00'20'55" East along the West line of the Northeast Quarter of the Northeast Quarter of aforesaid
ORLDOCS 20391252 4
4
Section 22 for a distance of 1314.56 feet to the Northwest corner of the Northeast Quarter of the Northeast
Quarter of said Section 22; thence run North 88"49'23" West along the North line of the Northwest Quarter
of the Northeast Quarter and the North line of the Northwest Quarter of said Section 22 for a distance of
3969.87 feet to the POINT OF BEGINNING.
Containing 10,770,217 square feet or 247.25 acres, more or less.
EAST PARCEL
Contains 8,269,644 square feet, 189.84 acres
WEST PARCEL
Contains 2,500,573 square feet, 57.41 acres
OVERALL PROPERTY
Contains 10,770,217 square feet or 247.25 acres, more or less.
ORLDOCS 20391252 4