Ordinance No. 2023-026INSTRUMENT#: 2024022318 OR BK 6290 PG 254 PAGES: 18 2/27/2024 4:29:51 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $154.50
CITY OF CLERMONT
C� ORDINANCE NO.2023-026
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED
TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF
ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED
HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT,
SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
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
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, l0, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET
AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143, 144,
145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN
THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24,
TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE
WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22
SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89'29'17" WEST ALONG SAID NORTH
RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89129'17" WEST
ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST
RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89'29'17" WEST
ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE
SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0025'20" EAST
ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S
REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4;
THENCE DEPARTING SAID WEST LINE RUN NORTH 89029'17" WEST ALONG THE
SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120,
JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET;
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 255 PAGE 2 of 18
CITY OF CLERMONT
0dadOw�p`u�
C�ORDINANCE NO.2023-026
THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0022'36" EAST ALONG THE
EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF
A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET,
A CHORD BEARING OF NORTH 00010'45" WEST, AND A CHORD DISTANCE OF 10.10
FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL
ANGLE OF 00023'41" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER
OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG
THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST
RIGHT OF WAY RUN SOUTH 89029'17" EAST ALONG THE NORTH LINE OF SAID LOTS
7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A
DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF
BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY
RUN NORTH 24020'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST
CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH
RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH
RIGHT OF WAY RUN NORTH 7041'47" EAST A DISTANCE OF 98.18 FEET TO THE
NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT,
BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN
SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF
AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S
REPLAT ALONG A CHORD BEARING OF SOUTH 61010'59" EAST FOR AN ARC LENGTH
OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET
SOUTHEASTERLY EXTENSION OF RUN SOUTH 6901118" EAST A DISTANCE OF 430.34
FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION
RUN SOUTH 30013'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE
AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24"
WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID
POINT OF BEGINNING.
THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET)
MORE OR LESS.
LOCATION:
1000 Carroll Street (Wolfe & Wallace Investments, LLC)
North of the W. Minneola Ave. and Lake Drive intersection, adjacent to Victory Pointe and
South Lake Trail, and west of Lake Drive, including the requested vacated portion of
Carroll Street and Lake Drive.
(Alternate Key 1622581, 1622701, 1622719, 1622727, 1622743,
1622751, 1622760, 1622778, 3409736, 1815673, 1622735)
Approx. 12.3 +/- Acres
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 256 PAGE 3 of 18
cLE
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CITY OF CLERMONT
ORDINANCE NO.2023-026
} W M(NNEOLA AVE
c�
T
Renuested Action:
Rezone property from Central Business District (CBD) to
Planned Unit Development (PUD) for residential and non-residential uses consisting of
multi -family apartments, retail, restaurant, and office uses
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a 392 multi -family residential
units on the property described above (hereinafter the "Property") with up to 55,000 square feet of
non-residential uses; be granted subject to the following conditions:
The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with the Lumberyard District
Rezoning Plan, prepared by Kimley-Horn dated November 15, 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 may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director will work with the developer at the time of site plan review to
determine the extent of fiber optic conduit.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 257 PAGE 4 of 18
A-W CITY OF CLERMONT
%— ..0a ;; ORDINANCE NO.2023-026
5. Easements shall be provided to the City at no expense to the City authorizing the City's
unrestricted access to any existing and proposed utilities that the City will own and
maintain.
6. School concurrency shall be met before any final site plan approval that contains residential
uses that will generate school age children in accordance with the Comprehensive Plan and
Land Development Code.
7. All Fire Department Access for the Project shall be provided in Accordance with the
Florida Fire Prevention Code. All Multi -family Buildings shall be provided with Fire
Sprinklers.
8. Irrigation water shall be provided by a private well for all common areas and commercial
sites throughout the project.
9. Irrigation and landscaping shall meet Florida Water Star requirements. Topsoil and/or soil
amendments will be required prior to any landscape plantings to help reduce the irrigation
needs to maintain healthy landscaping. Notice is hereby provided that specific standards
relating to irrigation and landscaping are under development, and if adopted, shall apply to
any undeveloped portions of this project.
10. The Developer shall be responsible for all costs of on -site and off -site utility improvements,
including, but not limited to design, material, permitting, connection and installation of
sufficient size lines, lift stations and other appurtenances necessary to allow the City to
serve the property.
11. Any existing dedicated City of Clermont utilities must stay in service throughout
construction unless service disruption is reviewed and approved by the City for temporary
service pauses related to the construction of new utility infrastructure. This shall be
coordinated and approved in writing from the City's Public Services Department Director
or assignee.
12. No Certificate of Occupancy shall be issued until water and sewer improvements have been
completed and accepted by the City.
13. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
14. The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements. The Developer shall timely complete all
required mitigation and other improvements as may be applicable.
15. The PUD meets the mandatory requirements through the waivers for residential develop-
ment in the CBD and the density bonus criteria, as determined by City Council, as set forth
in Section 125-375.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 258 PAGE 5 of 18
CITY OF CLERMONT
ORDINANCE NO.2023-026
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
The project will be developed in multiple phases. The project will be vertically developed
in two main phases. The Multifamily phase consisting of buildings 1-4 on 7.14 +/- acres
will consist of 262 multi -family units. The density within this phase will be 36.7 dwelling
units/acre. A density bonus of 84 units is being requested within this phase through the
use of a Community Benefit Agreement (Attachment A). Buildings 5-10 will be con-
structed in the second phase, Commercial phase, on 5.16 +/- acres with 130 multi -family
units and 55,000 square feet of non-residential use. The density in this phase will be 25.2
dwelling units/acre. A bonus density of 1 unit is being requested within this phase and is
included in the Community Benefit Agreement.
2. The project is being developed with 2 distinctive phases. Below are the phases with the
specific requirements of each phase, as documented on the Lumberyard District Rezoning
Plan, prepared by Kimley-Horn dated November 22, 2023, Attachment B.
PROJECT STTE: �Ra1Ec* ^aT@
MULTFAMLY 7.14 ACRES COMMERCIa 5.15 AGES
mcam"nONMJLM MILY: CAlC1AA D0MME32�CJ1E-
YERCAL NN�LRNOt15 AREA: 4.i1 AC
MULTFAAILY IMPERWOUS AREA 5.82 AC COMMOaaAL PERVIOUS ARE& O.I4 AC
MULTIFAMILY PERVIOUS AREA- 1.32 AC MAnk" RR: I•DO
PROPOSED ISR: 0."
MAXIMUM ISR: 1.00
PROPOSED ISR: 0.82
DE11CRY 1ULW Y:
PROPOSED MULTiAMR-1' DIIEUNC =2 UNITS
UNITS 6"Wo OS fl-0k
TOTAL (NITS: 262 WITS
TOTAL AREA FOR DENSITY CN.0 ULATKp6: 7.14 ACRES
CENTRAL BUSkESS DISTRICT (GOD)
MAX: 40 DU/ACE (W7H AVAILABLE BONUS)
MIN: N/A
262 UNITS/7.14 ACRES - 36 UNITS/ACRE
MLJILTIFAMLY PARKM REQLWRElI gr&
(1.25 SPACES/1 BEDROOM V"
1.25 SPACES X 197 UNITS - 247 SPACES
(1.5 SPACES/2 BEDROOM UW*,
1.5 SPACES X 65 UNITS - 68 SPACES
TOTAL SPACE REOVRED, 345 SPACES
PROVQED FALTFAMILY PAMONG
STANDARD SPACES (10'X20'k 137 SPACES
COMPACT SPACES (I'X18'1. 186 SPACES
PARALLEL SPACES (102J'): 14 SPACES
ADA SPACES (12-=0 8 SPACES
TOTAL SPACES PROPOSES 345 SPACES
PLaL IM SETBACKS wcnFAMI.r:
�y,AlA1f .
SOUFT
TT. BAu(k • O Fr/NA 84 rTT
EAST (SIDE):0 FT/ NA 12 FT
"E WEST (S0 FT/ NA IB FT
LAN08C.APNWt-IFFERS AR LTFAWLY:
AM PROPOSED
&DSRYH FRONT): 10/15 F- 1a/15 FT
VEST (SDEEk is FAT 15 FT
SOUTH (BACK}. 10/15 FT* 10/15 FT
'ME LANDSCAPE BUFFER WHEN ADJACENT TO PUBUC RIGHT
OF MAY IS MINIMUM 15 FT TWIN Bl00K, STONE, OR MASONRY
WALL W/ TIEES OR SHRUBS OR 25' WITH EARTHEN BERM,
TREES. AND CONTINUOUS HEDGE
LANDSCAPE BUFFER NEWMEN ADJACENT PROPERTIES 15 10
FT.
DENSITY COMMERCIAL:
WLTFAMLY D"U'"C UNITS 1,o uIRS
TOTAL MULTFAILY L M- 130 UNFTS
6UEDN0 p RETAL SPACE IT" F
BIEEDNO 08 RETAIL SPACE 10.150 1F
BUILDING " RETAL SPACE: 10.400 SF
BLNJWG RD MAL SPACE 21.000 SF
TOTAL COMMERCIAL SF- "100 SP
TOTAL AREA FOR DDISTY CALCULATIONS: &IG ACRES
CENTRAL BUSWSS D157RICT (CBC)
MA): 40 DU/AGE (WITH AVNARIE 001AIS)
W: N/A
130 CNITS/5.16 AMU - 25 LINTS/ACRE
�OIWERCUS PARK\3 FMCI REMCMTS-
TE CQAERCAL PORRW OF THIS SITE INCLUDES 130
MULTIFAMILY UMTS PROVIDED RRN A 4 97DRY LIVE -WORT(
MULWPANLY BIRDN4 A 2 STORY MULIFAMILY BULONC
ABOVE THE 10050 SF RETAIL BLILUFM AND A 4 STORY
MULTFAMLY BULDNIC
METAL PARSON REOLMIEIW NT: 1 SPACE/333 SF
PROPOSED 2 STORY RETAIL (10.400 SF) - M SPACES
PROPOSED 2 STORY RETAIL (21.000 W) - 03 SPACE
PROPOSED I STORY RETAIL (10.15D SO - 30 6PACS
COMMERCIAL SPACES REOIREED; 124 SPACES
MLTFAWY PARKING 11ECRtE]EN15:
(1.25 SPACES/i LEGROOM M67):
1.25 SPACES X I6 DWM = 123 SPACES
(1.5 SPACES/2 BEDROOM L040
1.5 SPARS X 32 LN6TS - 40 SPACES
YULTIFAMLY SIACE5-EQUNED: 172 SPACES
r U17L SYAt7:S IEU ABED, 2IB 9PAACESI
SMNDAAO SPACE (10'X2Nk
46 SPACES
O011PACT SPACES (I"X16'T
63 SPACES
PARALLEL SPARS (10745k
6 SPACES
AADDAAASSPPA�CEER�(1s2i'CpO�'kyp'
6 SPACES
RJ(AC sPIIQ� wi!FPib''Ls o�
ws SPACES
BUILDING SETBAONB COMMERCIAL:
jw[yyX Qlme03n
WORTH (F
SOUTH {BADE}
0 FT// NA 14 R
EAST (91E):
0 FT/ NA 24 FT
(SID0..
0 R/ NA 7 R
SC.{o;�dO:ELF=LT.S CJE:'.?£RC'.4L:
UK PRnPQ II
(FRpN
rr
EAST(59—
WEST (SDO
6 FRT
tO R 10
SOR 10 FT
SOUTH (BA-0'
20 FT20 R
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 259 PAGE 6 of 18
CLER0 I
CITY OF CLERMONT
ORDINANCE NO.2023-026
Prior to the first certificate of occupancy (CO), all the existing buildings onsite will be
demolished and removed with mass grading of the site. In addition, the installation of the
master utilities, street improvements, sidewalks and any other item listed in the Commu-
nity Benefit Agreement, and any other utility/infrastructure needed to serve any building
seeking a CO shall be completed and accepted by the City in writing prior to the first CO.
4. The Multifamily Phase buildings, 1-4, shall be constructed in a manner that closely re-
sembles the architectural style and elevations as presented in Attachment C and shall meet
the City of Clermont's Architectural Standards.
5. Prior to the permitting and construction of the Commercial Phase buildings, 5-10, the
Applicant shall be required to present the architectural plans and phase before City Coun-
cil for review and approval. The City Council may request modifications to ensure com-
patibility within the site.
6. The maximum building height shall be up to 65 feet, measured at the highest point.
An increase in the ratio of compact spaces (9' x 18') from 10% of the overall project up
to 40% of the overall project may be used.
8. Trash compacters may be substituted for dumpsters for the project if the Applicant can
demonstrate it can sufficiently meet the waste demands for the project.
9. All internal streets will be privately owned and maintained by the owner and/or developer.
This includes the vacated portion of Carroll Street and Lake Drive.
10. Reduced landscape islands, from 300 square feet to 200 square feet throughout the project
and 160 square feet within areas of compact parking spaces may be used.
11. The removal of the requirement of construction material to be masonry or other non -wood
material for the construction of the first floor of the buildings is allowed.
12. An improved pedestrian crossing will need to be installed by the Applicant crossing 12t'
Street. Including the north and south side of Mineola Ave. This shall be coordinated
with Lake County and the City of Clermont.
13. An improved trail crossing shall be installed at the access point across the South Lake
Trail leading to the Rowing Boathouse parking lot. This crossing shall be upgraded to a
"Case IV Major Side Street Crossing Near Intersection." Coordination and construction
of this trail crossing shall be at the Applicant's expense and conducted through the City
and Lake County Department of Public Works.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 260 PAGE 7 of 18
CLE_R� M1!!V 1
CITY OF CLERMONT
ORDINANCE NO.2023-026
14. The Applicant shall be required to install the necessary turn lanes on 12' Street, as re-
quired by Lake County Access Management. Additional right-of-way may be required for
offsite improvements and the sidewalk. This dedication shall be made at no cost to the
County or the City.
15. All leases for residential units in the project shall be for a minimum of six months on the
initial lease term.
16. Upon the reconstruction and acceptance of Carroll St by the City, the owner shall dedicate
the Carroll St. right-of-way to the city. This shall be dedicated and completed with the
certificate of completion of the new lift station.
17. Internal streets connecting to the Row House shall be completed prior to any vertical con-
struction (Timber Way, Oak Lane, Carroll St. and the un-named north south street be-
tween)
18. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
19. This Planned Unit Development shall become null and void if substantial construction
work has not begun within two (2) years of the date that this Planned Unit Development
is executed and signed by the permittee. "Substantial construction work" means the com-
mencement and continuous prosecution of construction of required improvements ulti-
mately finalized at completion. If the Planned Unit Development becomes null and void,
the property will revert to the Central Business District (CBD) Zoning Designation.
SECTION 4: CONFLICT
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or de-
signee, without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 261 PAGE 8 of 18
C4E_
CITY OF CLERMONT
%�_<ORDINANCE N0.2023-026
SECTION 7: RECORDING,
This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the
Applicant's expense.
SECTION 8: PUBLICATION AND AN EFFECTIVE DATE
This Ordinance shall be published as provided by law, and it shall become law and take effect
upon its Second Reading and Final Passage.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 262 PAGE 9 of 18
CITY OF CLERMONT
ORDINANCE NO.2023-026
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 12`h day of December, 2023.
CITY OF CLERMONT
............
Tim Murry, Mayor
ATTEST:
4
Tracy Ackroyd Howe, MMC
City Clerk
Apjj roved as, fo�rrn and legality,,
Daniel F. Mantzaris, City Attorney
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 263 PAGE 10 of 18
cLEAW CITY OF CLERMONT
ORDINANCE NO.2023-026
ATTACHMENT A - COMMUNITY BENEFIT AGREEMENT
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 264 PAGE 11 of 18
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement') is made and entered into as of the
Q'01day of berp M bo_f 2023, by and between THE CITY OF CLERMONT, a Florida municipal
corporation, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City"), and WOLFE
AND WALLACE PROPERTIES, INC, a Florida Profit Corporation, WOLFE & WALLACE
INVESTMENTS, LLC, a Florida Limited Liability Company; whose mailing address is 995 W. Lakeshore
Drive, Clermont, Florida 34711 (the "Owner").
RECITALS
A. Owner desires to develop approximately 12.3 +/- acres of property, described and depicted in
Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property").
Owner is the fee simple owner of the Property and this shall be documented in a recent title report.
B. The Property is currently zoned Central Business District "CBD".
C. Owner has filed with the City 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 Land Development Code, Section 125-375, allows an applicant (or Owner in this
case) to request the use of a density bonus in the Central Business District by including a justification
statement in the description of the project in their site plan application. A bonus shall not be considered
an entitlement.
E. The Owner has provided a justification statement in order to attain a density bonus above the permitted
25 dwelling units per acre, up to 32 dwelling units per acre, resulting in an additional 85 residential
dwelling units in the Project.
F. The Owner has listed the following items to be considered to attain the density bonus:
Donation of approximately 17,200 square feet of land area to the City of Clermont for the
relocation of a new City Lift Station #6 and City Right -of -Way. Based on the current contract
price/fair market value of the $1.3 mm/AC, the value of this dedication is $513.315.
Donation of approximately 1,800 square feet of land bordering the neighbors to the southwest
to avoid any boundary issues. Based on the current contract/fair market value of $1.3mm/AC,
the value of this donation is $53,719.
3. Construction of a new major City Lift Station #6 to current City Standards, including backup
generator, RTU Tower, new interior access for vacuum/pumper truck, etc. The current station
has limited access and newer equipment. Additionally, utility infrastructure improvement will
include the construction of new 520 lineal feet of 8-inch PVC water main and 270 lineal feet
of 8-inch PVC sewer main along Carroll Street from 12' Street to the Row House Entrance
drive as proposed on the site plan. The cost of this lift station relocation and utility
infrastructure is presently estimated at $850.000.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 265 PAGE 12 of 18
Construction of new 5-foot sidewalk along the east side of 121 Street from the southwest
corner of the proposed development project to Carroll Street. The cost of approximately 2,400
square feet of sidewalk is presently estimated at $21,600.
Construction of a new paved parking area for the existing Row House parking area as shown
on the proposed plan. The area is expected to be 32,500 square feet and will provide sixty-
four (64) — 10 feet by 30 feet parking spaces. A direct connection via future Carroll Street
right-of-way will be established to the Row House area through the re -development of this
project. The cost of this benefit at $10 per square foot of asphalt is presently estimated at
325.000.
6. Currently, two public roads, Carroll Street and Lake Drive, bisect the Project. These streets
are in poor condition and the City of Clermont is expecting to have to spend a significant
amount to mill the asphalt and repave. The Applicant proposes to repair and reconfigure these
roadways (1,404 lineal feet X 24 feet wide) as part of the internal horizontal construction of
the project, which will save the City of Clermont from paying for and completing this repair.
This estimated cost is approximately $15 per square foot for a total estimated cost of $374.400.
The sum of the total benefits provided is estimated to be $2.140.000.
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. 2023-025 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. Densih Bonus.
a. In order to receive the density bonus pursuant to the City of Clermont Land
Development Code, Section 125-375, Owner will be obligated to make all the improvements listed in the
justification statement and outlined in item F (1)-(6) above.
b. if Owner fails to timely construct such improvements indicated in item F 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
constructed by Owner at the time of the first Certificate of Occupancy (CO), then such failure to timely
construct 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 fully constructed in full. 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.
4. Authoriti . 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.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 266 PAGE 13 of 18
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.
8. Bindine Effect. This Agreement, once effective, shall run with the Property described
herein and shall be binding upon and enforceable by and against the parties hereto and their beneficiaries,
heirs, successors, and assigns. The City acknowledges and agrees that the Owner shall have the right to
assign its rights and obligations under this Agreement to any of it successors, or assigns.
9. Termination. In the event that the PUD (Ordinance 2023-026) expires or is otherwise
terminated, this Agreement shall become null and void.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
Attest:
City Clerk
Date: — 7��
By:.
Name: �.,t. M Y�( _. L
As its:�C
Date:._
(Signatures Continued on Next Page)
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 267 PAGE 14 of 18
Witnesses:
Signed, sealed and delivered
in our presence:
Name:,
Name:
ra t
STATE OF FLORIDA
COUNTY OF / ge—
WOLFE AND WALLACE
PROPERTIES, INC.
Florida f9f Profit Corporation
By: 0 C,'61¢&41
Name: -ah--9We&Q:
Its: A4 a'i r
Date:
WOLFE & WALLACE
INVESTMENTS, LLC
Li 'ted�L�i�'abbiility Company
By: Florida0//t�Y�!4'�
Name: . as/. -a �fal�QeP
Its: i,s�,,� e , -
Date: 2/? 2 /1 y
/
The foregoing instrument was ack�towledged before rrt by means of Q physical presence or ❑
online notarization, this day of - ,r,�, 20:, , by 0-g� (o,"r , as
r ! ofWolfe and Wallace Pronerties. INC. Florida Profit
Comoration. on behalf of said company. S/He [his personally known to me or [ ] has produced
(type of identification) as identification.
Notary Public State of Florida
Erin S Wysocki
IIO My Commission HH 405765
Expires 6/412027
Seal
STATE OF FLORIDA
COUNTY OF -L ,
Signature of Notary Public
Type or Print Name .
My Commission Expires: �aw�a 2 7
Commission No. NJl NQ 7/ S-
The foregoing instrument was ackn wledged before ��jjby mea s of [Tphysical presence or ❑
online notarization, this day of , 202,X,-6 as
A.
a1, , r of lfe and Wallace Investments. LLC. Florida Limited
Liabilitv Comnanv. on behalf of said company. S/He [4is personally known to me or [ ] has produced
(type of identification) as identification.
Notary Public State of Florida
Erin S Wysocki
IIN My COmrelaalOn HH 405765
Expires 8/412027
Seal
Signature of Notary PubYcc
,ram✓�' /'
Type or Print Name j
My Commission Expires:
Commission No. TQ�z S
f7MTa11M]
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 268 PAGE 15 of 18
EXHIBIT "A"
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13,14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S
REPLAT, OF BLOCKS, 141, 142, 143,144, 145, 146, 115, 117,118, 119, AND 120, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE
RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF
GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH
89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89029'17" WEST ALONG
SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE
DRIVE; THENCE CONTINUE NORTH 89'29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF
125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0°25'20" EAST ALONG THE WEST LINES OF
AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°29'17" WEST
ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S
REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG
THE EAST RIGHT OF WAY OF 12TH STREET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0°22'36"
EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF
NORTH 00°10'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID
CURVE, RUN THROUGH A CENTRAL ANGLE OF 00°2341" FOR A DISTANCE OF 10.10 FEET TO THE
NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG
THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN
SOUTH 89°29'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE
SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF
AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY
RUN NORTH 24"20'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID
LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7°41'47" EAST A DISTANCE OF 98.18 FEET
TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT
OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF
AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A
CHORD BEARING OF SOUTH 61°10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING
ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69°11'18"
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 269 PAGE 16 of 18
EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY
EXTENSION RUN SOUTH 30°13'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE
AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST
LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING.
THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS.
INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 270 PAGE 17 of 18
CLE
fl�lY�fi2':r
CITY OF CLERMONT
ORDINANCE NO.2023-026
ATTACHMENT D - SITE PLANIPHASING PLAN
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INSTRUMENT# 2024022318 OR BOOK 6290/PAGE 271 PAGE 18 of 18
CITY OF CLERMONT
ORDINANCE NO.2023-026
ATTACHMENT C — MULTIFAMLY BUILDINGS 1-4 SAMPLE ELEVATION
(. Buildings 1 through 4
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CLERMONT CITY OF CLERMONT
ORDINANCE NO.2023-026
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED
TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF
ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED
HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT,
SEVERABILITY, THE ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, RECORDING, PUBLICATION AND AN
EFFECTIVE DATE.
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
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET
AND WEST LAKE DRIVE, ALL OF JOHNSON'S REPLAT, OF BLOCKS, 141, 142, 143, 144,
145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN
THAT ORDINANCE RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; ALL LYING IN SECTIONS 23 AND 24,
TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF CLERMONT, LAKE COUNTY,
FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE
WITH THE EAST LINE OF GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22
SOUTH, RANGE 25 EAST; THENCE RUN NORTH 89"29'17" WEST ALONG SAID NORTH
RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST
ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST
RIGHT OF WAY OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST
ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 125.00 FEET TO THE
SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0025'20" EAST
ALONG THE WEST LINES OF AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S
REPLAT A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4;
THENCE DEPARTING SAID WEST LINE RUN NORTH 89029'17" WEST ALONG THE
SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120,
JOHNSON'S REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 16 AND A POINT ALONG THE EAST RIGHT OF WAY OF 12TH STREET;
6=
CLERMONT CITY OF CLERMONT
����� ORDINANCE NO.2023-026
THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0022'36" EAST ALONG THE
EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF
A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET,
A CHORD BEARING OF NORTH 00010'45" WEST, AND A CHORD DISTANCE OF 10.10
FEET; THENCE ALONG THE ARC OF SAID CURVE, RUN THROUGH A CENTRAL
ANGLE OF 0002341" FOR A DISTANCE OF 10.10 FEET TO THE NORTHWEST CORNER
OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG
THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST
RIGHT OF WAY RUN SOUTH 89029'17" EAST ALONG THE NORTH LINE OF SAID LOTS
7, 8, 9, AND 10 OF BLOCK 119, AND THE SOUTH LINE OF SAID CARROLL STREET, A
DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 7 OF
BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY
RUN NORTH 24020'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST
CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH
RIGHT OF WAY OF SAID CARROLL STREET; THENCE DEPARTING SAID NORTH
RIGHT OF WAY RUN NORTH 7041'47" EAST A DISTANCE OF 98.18 FEET TO THE
NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT,
BEING A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 1176.28 FEET; THENCE RUN
SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF
AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S
REPLAT ALONG A CHORD BEARING OF SOUTH 61 ° 10'59" EAST FOR AN ARC LENGTH
OF 328.69 FEET; THENCE CONTINUING ALONG SAID NORTH LINE AND THE 100 FEET
SOUTHEASTERLY EXTENSION OF RUN SOUTH 69011'18" EAST A DISTANCE OF 430.34
FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY EXTENSION
RUN SOUTH 30013'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE
AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0040'24"
WEST ALONG SAID EAST LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID
POINT OF BEGINNING.
THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET)
MORE OR LESS.
LOCATION:
1000 Carroll Street (Wolfe & Wallace Investments, LLC)
North of the W. Minneola Ave. and Lake Drive intersection, adjacent to Victory Pointe and
South Lake Trail, and west of Lake Drive, including the requested vacated portion of
Carroll Street and Lake Drive.
(Alternate Key 1622581, 1622701, 1622719, 1622727, 1622743,
1622751, 1622760, 1622778, 3409736, 1815673, 1622735)
Approx. 12.3 +/- Acres
d"
CLERMONT
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CITY OF CLERMONT
ORDINANCE NO.2023-026
W MINNEOLA AVE
Reauested Action:
Rezone property from Central Business District (CBD) to
Planned Unit Development (PUD) for residential and non-residential uses consisting of
multi -family apartments, retail, restaurant, and office uses
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a 392 multi -family residential
units on the property described above (hereinafter the "Property") with up to 55,000 square feet of
non-residential uses; be granted subject to the following conditions:
The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with the Lumberyard District
Rezoning Plan, prepared by Kimley-Horn dated November 15, 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 may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director will work with the developer at the time of site plan review to
determine the extent of fiber optic conduit.
d'
CLERMONT CITY OF CLERMONT
,_ -f ORDINANCE NO.2023-026
5. Easements shall be provided to the City at no expense to the City authorizing the City's
unrestricted access to any existing and proposed utilities that the City will own and
maintain.
6. School concurrency shall be met before any final site plan approval that contains residential
uses that will generate school age children in accordance with the Comprehensive Plan and
Land Development Code.
7. All Fire Department Access for the Project shall be provided in Accordance with the
Florida Fire Prevention Code. All Multi -family Buildings shall be provided with Fire
Sprinklers.
8. Irrigation water shall be provided by a private well for all common areas and commercial
sites throughout the project.
9. Irrigation and landscaping shall meet Florida Water Star requirements. Topsoil and/or soil
amendments will be required prior to any landscape plantings to help reduce the irrigation
needs to maintain healthy landscaping. Notice is hereby provided that specific standards
relating to irrigation and landscaping are under development, and if adopted, shall apply to
any undeveloped portions of this project.
10. The Developer shall be responsible for all costs of on -site and off -site utility improvements,
including, but not limited to design, material, permitting, connection and installation of
sufficient size lines, lift stations and other appurtenances necessary to allow the City to
serve the property.
11. Any existing dedicated City of Clermont utilities must stay in service throughout
construction unless service disruption is reviewed and approved by the City for temporary
service pauses related to the construction of new utility infrastructure. This shall be
coordinated and approved in writing from the City's Public Services Department Director
or assignee.
12. No Certificate of Occupancy shall be issued until water and sewer improvements have been
completed and accepted by the City.
13. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
14. The development shall comply with all applicable City, County and Florida Department of
Transportation access management requirements. The Developer shall timely complete all
required mitigation and other improvements as may be applicable.
15. The PUD meets the mandatory requirements through the waivers for residential develop-
ment in the CBD and the density bonus criteria, as determined by City Council, as set forth
in Section 125-375.
6=
CLERMONT CITY OF CLERMONT
-�{ORDINANCE NO.2023-026
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
The project will be developed in multiple phases. The project will be vertically developed
in two main phases. The Multifamily phase consisting of buildings 1-4 on 7.14 +/- acres
will consist of 262 multi -family units. The density within this phase will be 36.7 dwelling
units/acre. A density bonus of 84 units is being requested within this phase through the
use of a Community Benefit Agreement (Attachment A). Buildings 5-10 will be con-
structed in the second phase, Commercial phase, on 5.16 +/- acres with 130 multi -family
units and 55,000 square feet of non-residential use. The density in this phase will be 25.2
dwelling units/acre. A bonus density of I unit is being requested within this phase and is
included in the Community Benefit Agreement.
2. The project is being developed with 2 distinctive phases. Below are the phases with the
specific requirements of each phase, as documented on the Lumberyard District Rezoning
Plan, prepared by Kimley-Horn dated November 22, 2023, Attachment B.
PROJECT SITE:
PROJECT SITE:
MULTFAM ILY 7.14 ACRES
COMMERCIAL 5.16 ACRES
ISR CALCULATION MULTIFAMILY'
ISR CALCULATION COMMERICAL:
COMMERCIAL IMPERVICUS AREA: 431 AC
MULTIFAMILY IMPERVIOUS AREA: 5.82 AC
COMMERCIAL PERVIOUS AREA: 0.84 AC
MULTFAMILY PERVIOUS AREA: 1.32 AC
MAXIMUM I5R: 1.00
PROPOSED ISW 0.84
MAXIMUM ISR: 1.00
PROPOSED ISR: 0.52
DENSITY COMMERCIAL:
DENSITY MULTIFAMILY.
MULTIFAMILY DWELLING UNITS 130 UNITS
PROPOSED MULTIFAMILY DWELLING
UNITS (BUILDINGS fl-f4} 252 UNITS
(BUILDINGS J6 h l7):
TOTAL MULTIFAMILY UNITS 130 UNITS
TOTAL UNITS: 262 UNITS
BUILDING JU RETAIL SPACE: 11,550 SF
BUILDING/B RETAIL SPACE 10,150 SF
BUILDING 09 RETAIL SPACE; 10,4DO SF
TOTAL AREA FOR DENSITY CALCULATIONS- 7,14 ACRES
BULDNG #10 RETAIL SPACE: 21,0DO SF
CENTRAL BUSINESS DISTRICT (COD)
TOTAL COMMERCIAL SF: 53, 100 SF
TOTAL AREA FOR DENSITY CALCULATIONS: 5.t6 ACRES
MAX: 40 DU/ACRE (PATH AVAILABLE BONUS)
MIN: N/A
CENTRAL BUSINESS DISTRICT (GRIT)
262 UNITS/7.14 ACRES = 36 UNITS/ACRE
MAX: 40 DU/ACRE (PATH AVAILABLE BONUS)
MN: N/A
130 UNITS/5A6 ACRES = 26 UNITS/ACRE
MULTIFAMILY PARKING REQUIREMENTS:
COMMERCIAL PARKING REOI IIRFMFNTC
(1.25 SPACES/i BEDROOM UNIT):
THE COMMERCIAL PORTION OF THIS SITE INCLUDES 130
1.25 SPACES X 197 UNITS = 247 SPACES
MU.TFAIILY TINTS PROVIDED WITHIN A 4 STORY UVE-WORK
(1.5 SPACES/2 BEDROOM UNIT):
MULTIFAMILY BUILDING, A 2 STORY MULTIFAMILY BUILDING
ABOVE THE 10,150 SF RETAIL BUILDING, AND A 4 STDRY
1.5 SPACES X 65 UNITS = 98 SPACES
MULTIFAMILY BUILDING
TOTAL SPACES REQUIRED: 345 SPACES
RETAIL PARKING REQUIREMENT: 1 SPACE/333 SF
PROVIDED MULTIFAMILY PARKING
PROPOSED 2 STORY RETAIL (10,400 SF) - 31 SPACES
PROPOSED 2 STORY RETAIL (21,D00 SF) - 63 SPACES
STANDARD SPACES (10'X20'): 137 SPACES
PROPOSED 1 STORY RETAIL (10,150 SF) - 30 SPACES
COMPACT SPACES (9'X1B'): IN SPACES
COMMERCIAL SPACES REOUIRETY. 124 SPACES
PARALLEL SPACES (10'X23'): 14 SPACES
MULTIFAMILY PARKNG REQUIREMENTS:
ADA SPACES (12120'): 8 SPACES
(1.25 SPACES/I BEDROOM UNIT) -
TOTAL SPACES PROPOSED: 345 SPACES
1.25 SPACES X 96 UNITS 123 SPACES
(1.5 SPACES/2 BEDROOM UNIT):
1.3 SPACES X 32 UNITS - 49 SPACES
BUILDING SETBACKS MULTIFAMILY:
MULTIFAMILY SPACES REQUIRED: 172 SPACES
MIN /MAX PROPOSED
ITOTAL SPACES REQUIRED: 296 SPACESI
NORTH FRONT): 0 FT/ NA 19 FT
SOUTH BACK): 0 FT/ NA 84 FT
PROVIDED COMMERCIAL PARKING
EAST (SIDE): 0 FT/ NA 12 FT
STANDARD SPACES (1020'} 46 SPACES
WEST 0 FT/ 18 FT
COMPACT SPACES (9VW): 63 SPACES
(SIDE): NA
PARALLEL SPACES (10'X23'): 6 SPACES
ADA SPACES (12'X201: 6 SPACES
LANDSCAPINGJBUFFERSMULTIFAMILY.
AR
GAGE SPACES 001(209: ISD SPACES
MPl PROPOSFO
TOTAL SPACES PROPOSED: 303 SPACES
NORTH (FRONT): 10/15 FT- 10/15 FT
BUILDING SETBACKS COMMERCIAL
EAST (SIDE): 10 FT 10 FT
MIN/MAX PROPOSED
WEST (SIDE): 15 FT 15 FT
SOUTH (BACK): 10/15 FT- 10/15 FT
( NA
ii
'THE LANDSCAPE BUFFER WHEN ADJACENT TO PUBLIC RIGHT
SSOOUTTHH tB�})� 0 FT/ NA FT
EAST (SIDE): 0 FT/ NA 24 FT
OF WAY IS MINIMUM 15 FT WITH BRICK, STONE. OR MASONRY
WEST (SIDE): 0 FT/ NA 7 FT
WALL W/ TREES OR SHRUBS OR 25' WITH EARTHEN BERM,
LANDSC'APINGABUFFERS COMMERCIAL -
TREES. AND CONTINUOUS HEDGE,
Im PROPOSED
LANDSCAPE BUFFER BETWEEN ADJACENT PROPERTIES IS 10
NORTH R�»; 10 fT 10 FT
FT.
EAST (SIDE): 10 FT 15 FT
WEST (SIDE} 10 FT 10 FT
SOUTH (BACK): 20 FT 20 FT
d=
CLERMONT CITY OF CLERMONT
ORDINANCE NO.2023-026
3. Prior to the first certificate of occupancy (CO), all the existing buildings onsite will be
demolished and removed with mass grading of the site. In addition, the installation of the
master utilities, street improvements, sidewalks and any other item listed in the Commu-
nity Benefit Agreement, and any other utility/infrastructure needed to serve any building
seeking a CO shall be completed and accepted by the City in writing prior to the first CO.
4. The Multifamily Phase buildings, 1-4, shall be constructed in a manner that closely re-
sembles the architectural style and elevations as presented in Attachment C and shall meet
the City of Clermont's Architectural Standards.
5. Prior to the permitting and construction of the Commercial Phase buildings, 5-10, the
Applicant shall be required to present the architectural plans and phase before City Coun-
cil for review and approval. The City Council may request modifications to ensure com-
patibility within the site.
6. The maximum building height shall be up to 65 feet, measured at the highest point.
7. An increase in the ratio of compact spaces (9' x 18') from 10% of the overall project up
to 40% of the overall project may be used.
8. Trash compacters may be substituted for dumpsters for the project if the Applicant can
demonstrate it can sufficiently meet the waste demands for the project.
9. All internal streets will be privately owned and maintained by the owner and/or developer.
This includes the vacated portion of Carroll Street and Lake Drive.
10. Reduced landscape islands, from 300 square feet to 200 square feet throughout the project
and 160 square feet within areas of compact parking spaces may be used.
11. The removal of the requirement of construction material to be masonry or other non -wood
material for the construction of the first floor of the buildings is allowed.
12. An improved pedestrian crossing will need to be installed by the Applicant crossing 12t'
Street. Including the north and south side of Minneola Ave. This shall be coordinated
with Lake County and the City of Clermont.
13. An improved trail crossing shall be installed at the access point across the South Lake
Trail leading to the Rowing Boathouse parking lot. This crossing shall be upgraded to a
"Case IV Major Side Street Crossing Near Intersection." Coordination and construction
of this trail crossing shall be at the Applicant's expense and conducted through the City
and Lake County Department of Public Works.
d=
CLERWONT CITY OF CLERMONT
ORDINANCE NO.2023-026
14. The Applicant shall be required to install the necessary turn lanes on 12a' Street, as re-
quired by Lake County Access Management. Additional right-of-way may be required for
offsite improvements and the sidewalk. This dedication shall be made at no cost to the
County or the City.
15. All leases for residential units in the project shall be for a minimum of six months on the
initial lease term.
16. Upon the reconstruction and acceptance of Carroll St by the City, the owner shall dedicate
the Carroll St. right-of-way to the city. This shall be dedicated and completed with the
certificate of completion of the new lift station.
17. Internal streets connecting to the Row House shall be completed prior to any vertical con-
struction (Timber Way, Oak Lane, Carroll St. and the un-named north south street be-
tween)
18. The project shall be developed according to the Central Business District (CBD) zoning
designation in the Land Development Code, unless expressly stated above.
19. This Planned Unit Development shall become null and void if substantial construction
work has not begun within two (2) years of the date that this Planned Unit Development
is executed and signed by the permittee. "Substantial construction work" means the com-
mencement and continuous prosecution of construction of required improvements ulti-
mately finalized at completion. If the Planned Unit Development becomes null and void,
the property will revert to the Central Business District (CBD) Zoning Designation.
SECTION 4: CONFLICT
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or de-
signee, without need of public hearing, by filing a corrected or re -codified copy of same with the
City Clerk.
6=
CLERMONT CITY OF CLERMONT
-:- 5d«'�- ORDINANCE NO.2023-026
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida and at the
Applicant's expense.
SECTION 8: PUBLICATION AND AN EFFECTIVE DATE
This Ordinance shall be published as provided by law, and it shall become law and take effect
upon its Second Reading and Final Passage.
CLE1 IONT CITY OF CLERMONT
ORDINANCE NO.2023-026
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 12ffi day of December, 2023.
CITY OF CLERMONT
Tim Murry, Mayor
ATTEST:
Tracy Ackroyd Howe, MMC
City Clerk
Ap . ro ed as t and 1 g ty�
Daniel F. Mantzaris, City Attorney
CLOWONT CITY OF CLERMONT
�a�- ORDINANCE NO.2023-026
ATTACHMENT A — COMMUNITY BENEFIT AGREEMENT
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement') is made and entered into as of the
0'4*1day of bew.mbor 2023, by and between THE CITY OF CLERMONT, a Florida municipal
corporation, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City"), and WOLFE
AND WALLACE PROPERTIES, INC, a Florida Profit Corporation, WOLFE & WALLACE
INVESTMENTS, LLC, a Florida Limited Liability Company; whose mailing address is 995 W. Lakeshore
Drive, Clermont, Florida 34711 (the "Owner").
RECITALS
A. Owner desires to develop approximately 12.3 +/- acres of property, described and depicted in
Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property").
Owner is the fee simple owner of the Property and this shall be documented in a recent title report.
B. The Property is currently zoned Central Business District "CBD".
C. Owner has filed with the City 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 Land Development Code, Section 125-375, allows an applicant (or Owner in this
case) to request the use of a density bonus in the Central Business District by including a justification
statement in the description of the project in their site plan application. A bonus shall not be considered
an entitlement.
E. The Owner has provided a justification statement in order to attain a density bonus above the permitted
25 dwelling units per acre, up to 32 dwelling units per acre, resulting in an additional 85 residential
dwelling units in the Project.
F. The Owner has listed the following items to be considered to attain the density bonus:
1. Donation of approximately 17,200 square feet of land area to the City of Clermont for the
relocation of a new City Lift Station #6 and City Right -of -Way. Based on the current contract
price/fair market value of the $1.3 mm/AC, the value of this dedication is $513.3IS.
2. Donation of approximately 1,800 square feet of land bordering the neighbors to the southwest
to avoid any boundary issues. Based on the current contract/fair market value of $1.3mm/AC,
the value of this donation is $53.719.
3. Construction of a new major City Lift Station #6 to current City Standards, including backup
generator, RTU Tower, new interior access for vacuum/pumper truck, etc. The current station
has limited access and newer equipment. Additionally, utility infrastructure improvement will
include the construction of new 520 lineal feet of 8-inch PVC water main and 270 lineal feet
of 8-inch PVC sewer main along Carroll Street from 121 Street to the Row House Entrance
drive as proposed on the site plan. The cost of this lift station relocation and utility
infrastructure is presently estimated at $850.000.
4. Construction of new 5-foot sidewalk along the east side of 121 Street from the southwest
corner of the proposed development project to Carroll Street. The cost of approximately 2,400
square feet of sidewalk is presently estimated at $21.600.
5. Construction of a new paved parking area for the existing Row House parking area as shown
on the proposed plan. The area is expected to be 32,500 square feet and will provide sixty-
four (64) — 10 feet by 30 feet parking spaces. A direct connection via future Carroll Street
right-of-way will be established to the Row House area through the re -development of this
project. The cost of this benefit at $10 per square foot of asphalt is presently estimated at
$325.000.
6. Currently, two public roads, Carroll Street and Lake Drive, bisect the Project. These streets
are in poor condition and the City of Clermont is expecting to have to spend a significant
amount to mill the asphalt and repave. The Applicant proposes to repair and reconfigure these
roadways (1,404 lineal feet X 24 feet wide) as part of the internal horizontal construction of
the project, which will save the City of Clermont from paying for and completing this repair.
This estimated cost is approximately $15 per square foot for a total estimated cost of $374.400.
The sum of the total benefits vrovided is estimated to be $2.140,000.
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. ee al Descrintion. The Property described on Exhibit "A" attached hereto is subject to
PUD Ordinance No. 2023-025 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 Land
Development Code, Section 125-375, Owner will be obligated to make all the improvements listed in the
justification statement and outlined in item F (1)-(6) above.
b. If Owner fails to timely construct such improvements indicated in item F 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
constructed by Owner at the time of the first Certificate of Occupancy (CO), then such failure to timely
construct 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 fully constructed in full. 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.
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.
8. Binding Effect. This Agreement, once effective, shall run with the Property described
herein and shall be binding upon and enforceable by and against the parties hereto and their beneficiaries,
heirs, successors, and assigns. The City acknowledges and agrees that the Owner shall have the right to
assign its rights and obligations under this Agreement to any of it successors, or assigns.
9. Termination. In the event that the PUD (Ordinance 2023-026) expires or is otherwise
terminated, this Agreement shall become null and void.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
Attest:
City Clerk \ r
�t —(-cV-4 • itC�
Date: 12 — 1 7_ - ZDZ�"2)
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
By:
Name:
As its: mC«j n,r
i
Date: Z Z - 2-0Z—
(Signatures Continued on Next Page)
Witnesses:
Signed, sealed and delivered
in our presence:
Name:r
i7
Name:
STATE OF FLORIDA
COUNTY OF _qg
WOLFE AND WALLACE WOLFE & WALLACE
PROPERTIES, INC. INVESTMENTS, LLC
Florida f Profit Corporation Florida Lilifited Liability Company
By: (NL! By: A�=
Name: �a Name: �LaiLae,,
Its: AA a '#r Its: /44.1, a ./ "r
" J
Date: 2 A 2 Date: 2
The foregoing instrument was ac wledged before mfjby means of Q physical presence or ❑
online notarization, this 2 day oft v�r , 20;;f, by �c f as
/✓1.�„ �1 a i of Wolfe and Wallace Proverties. INC. Florida Profit
Corporation, on bel"ialf of said company. S/He Ff is personally known to me or [ ] has produced
(type of identification) as identification.
Notary Public State of Florida
A Erin S Wysocki
l My Commission HH 405765
Expires 6/4/2027
Seal
STATE OF FLORIDA
COUNTY OF L .-9,e
Signature of Notary Public v
Type or Print Name
My Commission Expires:
Commission No. _ l,% '/6S7 _5-
The foregoing instrument was ac
of kn ledged before by mea s of ffphysical presence or ❑
online notarization, thisday , 202�,y , as
r of Wdlfe and Wallace Investments. LLC. Florida Limited
Liability Comnanv_ . on behalf of said company. S/He [.Tis personally known to me or [ ] has produced _
(type of identification) as identification.
Notary Public State of Florida
Erin S Wysocki
fl 1= My Commission HH 405765
Expires 6/4/2027
a
Seal
Signature of Notary PubY
Type or Print Name
My Commission Expires:
Commission No.
DRAFT -4
EXHIBIT "A"
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S
REPLAT, OF BLOCKS, 141, 142, 143, 144, 145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE
RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF
GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH
89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG
SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE
DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF
125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0`25'20" EAST ALONG THE WEST LINES OF
AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°29'17" WEST
ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S
REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG
THE EAST RIGHT OF WAY OF 12TH STREET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0°22'36"
EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF
NORTH 00°10'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID
CURVE, RUN THROUGH A CENTRAL ANGLE OF 00-23-41" FOR A DISTANCE OF 10.10 FEET TO THE
NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG
THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN
SOUTH 89°29'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE
SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF
AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY
RUN NORTH 24°20'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID
LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7°41'47" EAST A DISTANCE OF 98.18 FEET
TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT
OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF
AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A
CHORD BEARING OF SOUTH 61°10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING
ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69°11'18"
EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY
EXTENSION RUN SOUTH 30°13'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE
AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST
LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING.
THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS.
e-
CLERWON-r CITY OF CLERMONT
-; - c (- 1�* ORDINANCE NO. 2023-026
ATTACHMENT B — SITE PLAN/PHASING PLAN
I
6-
CLEROONT CITY OF CLERMONT
- , ORDINANCE NO.2023-026
ATTACHMENT C - MULTIFAMLY BUILDINGS 1-4 SAMPLE ELEVATION
AMENDMENT TO THE
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the
2 day of r06Y` ?gbef 2024, by and between THE CITY OF CLERMONT, a Florida municipal
corporation, whose address is 685 W. Montrose Street, Clermont, Florida 34711 (the "City"), and WOLFE
AND WALLACE PROPERTIES, INC, a Florida Profit Corporation, WOLFE & WALLACE
INVESTMENTS, LLC, a Florida Limited Liability Company; whose mailing address is 995 W. Lakeshore
Drive, Clermont, Florida 34711 (the "Owner").
RECITALS
A. Owner desires to develop approximately 12.3 +/- acres of property, described and depicted in
Exhibit "A" attached to and incorporated in this Agreement (hereinafter referred to as the "Property").
Owner is the fee simple owner of the Property and this shall be documented in a recent title report.
B. The Property is currently zoned Central Business District "CBD".
C. Owner has filed with the City 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 Land Development Code, Section 125-375, allows an applicant (or Owner in this
case) to request the use of a density bonus in the Central Business District by including a justification
statement in the description of the project in their site plan application. A bonus shall not be considered
an entitlement.
E. The Owner has provided a justification statement in order to attain a density bonus above the permitted
25 dwelling units per acre, up to 32 dwelling units per acre, resulting in an additional 85 residential
dwelling units in the Project.
F. The Owner has listed the following items to be considered to attain the density bonus:
Donation of approximately 17,200 square feet of land area to the City of Clermont for the
relocation of a new City Lift Station #6 and City Right -of -Way. Based on the current contract
price/fair market value of the $1.3 mm/AC, the value of this dedication is $513.315.
2. The landscape buffer bordering the neighbors to the southwest of the site shall be planted with
an intensified landscape buffer. This buffer shall be planted with a minimum 30% increase in
plant material including trees.
3. Construction of a new major City Lift Station #6 to current City Standards, including backup
generator, RTU Tower, new interior access for vacuum/pumper truck, etc. The current station
has limited access and newer equipment. Additionally, utility infrastructure improvement will
include the construction of new 520 lineal feet of 8-inch PVC water main and 270 lineal feet
of 8-inch PVC sewer main along Carroll Street from 121 Street to the Row House Entrance
drive as proposed on the site plan. The cost 'of this lift station relocation and utility
infrastructure is presently estimated at $850.000.
DRAFT -1
4. Construction of new 5-foot sidewalk along the east side of 121 Street from the southwest
corner of the proposed development project to Carroll Street. The cost of approximately 2,400
square feet of sidewalk is presently estimated at $21.600.
5. Construction of a new paved parking area for the existing Row House parking area as shown
on the proposed plan. The area is expected to be 32,500 square feet and will provide sixty-
four (64) — 10 feet by 30 feet parking spaces. A direct connection via future Carroll Street
right-of-way will be established to the Row House area through the re -development of this
project. The cost of this benefit at $10 per square foot of asphalt is presently estimated at
$325.000.
6. Currently, two public roads, Carroll Street and Lake Drive, bisect the Project. These streets
are in poor condition and the City of Clermont is expecting to have to spend a significant
amount to mill the asphalt and repave. The Applicant proposes to repair and reconfigure these
roadways (1,404 lineal feet X 24 feet wide) as part of the internal horizontal construction of
the project, which will save the City of Clermont from paying for and completing this repair.
This estimated cost is approximately $15 per square foot for a total estimated cost of $374.400.
7. A contribution of $50,000 shall be made to the City of Clermont for the additional impervious
surface area of .52 acres of land to drain into the Victory Point basin. Additionally, at its sole
expense, Owner shall obtain all necessary modifications to City's St. John's Water
Management District Permit for the Victory Point Basin to accept the additional impervious
surface area of .52 acres. Without expense to it of any kind, the City agrees to reasonably
cooperate with Owner to assist with any necessary modification to the permit.
The sum of the total benefits provided is estimated to be $2.140.000.
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. 2023-025 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 Land
Development Code, Section 125-375, Owner will be obligated to make all the improvements listed in the
justification statement and outlined in item F (1)-(6) above.
b. If Owner fails to timely construct such improvements indicated in item F 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
constructed by Owner at the time of the second Certificate of Occupancy (CO), then such failure to timely
construct 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 fully constructed in full. Nothing herein shall prohibit
DRAFT -2
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.
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.
8. Binding Effect. This Agreement, once effective, shall run with the Property described
herein and shall be binding upon and enforceable by and against the parties hereto and their beneficiaries,
heirs, successors, and assigns. The City acknowledges and agrees that the Owner shall have the right to
assign its rights and obligations under this Agreement to any of it successors, or assigns.
9. Termination. In the event that the PUD (Ordinance 2023-026) expires or is otherwise
terminated, this Agreement shall become null and void.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
Attest: By:�--
-�7
City Clerk Name:
i roxc u Pr-. 6u)-,O� As its:
Date: 1 LZ Za Zit Date: \ k - 12 - Z UZ4
(Signatures Continued on Next Page)
DRAFT -3
Witnesses:
Signed, sealed and delivered
in our presence:
i
WOLFE AND WALLACE
PROPERTIES, INC.
Florida Profit
,ro�fCorporation
Name: -0AV1-1Ajf1g4AC1t,%
Name: (C!N 1, 'S'CK) Its:
702 w.A4,,s se .
Date:
e: .�.
STATE OF FLOR)DA
COUNTY OF
WOLFE & WALLACE
INVESTMENTS, LLC
Florida Limited
Liability Company WI'16�L
By:
Name: bAly✓ t,-,AuA Gt'
�N1c% oP- Its: hYLtv4a-
/! �! J/2-` - Date: /l/irst/ 2-�4
The foregoing instrun t was ackn ledged efore me by eans ,of W ph sic presence or ❑
online notarization, his day of , 024, bywe, as
pf Wolfe and Wallace Properties. Inc. Florida Profit
Cor_oration, on behalf of said company. S/He Vis personally known to me or [ ] has produced
(type of identification) as identification.
FNotary Public State of Florida
nthia K Pap!
ommission
H258467
p. 4/2712026
Seal
STATE OF FLO A�k
COUNTY OF
Public
Type g(Print Name
My Commission Exp' es: A�;�11
Commission No. ,
The foregoing inst t was a wled before me by eans of by ical esence or ❑
online notarizatio this day of , 2024, by , as
!f of Wolfednd Wallace Investments. LL . Florida Limited
Liability Companv, on behalf of said company. S/HeVs personally known to me or [ ] has produced
(type of identification) as id tification.
Notary Public State of Florida
Cynthia K Papi
Itll MyHH Y58467ion
Exp. 4/27/2026
Seal
/
Typ r Print Name
My pmmission Ex
Commission No.
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EXHIBIT "A"
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, AND 16 OF BLOCK 120; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF BLOCK 119; LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
AND 13 OF BLOCK 115; AND PORTIONS OF CARROLL STREET AND WEST LAKE DRIVE, ALL OF JOHNSON'S
REPLAT, OF BLOCKS, 141, 142, 143, 144, 145, 146, 115, 117, 118, 119, AND 120, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 71 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; TOGETHER WITH THAT PORTION OF OSCEOLA STREET VACATED IN THAT ORDINANCE
RECORDED IN OFFICIAL RECORDS BOOK 590, PAGE 738 OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; ALL LYING IN SECTIONS 23 AND 24, TOWNSHIP 22 SOUTH, RANGE 25 EAST, CITY OF
CLERMONT, LAKE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF NORTH RIGHT OF WAY OF MINNEOLA AVENUE WITH THE EAST LINE OF
GOVERNMENT LOT 8, LYING IN SECTION 23 TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE RUN NORTH
89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 232.49 FEET TO A POINT ON THE
EAST RIGHT OF WAY LINE OF WEST LAKE DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG
SAID NORTH RIGHT OF WAY A DISTANCE OF 50.00 FEET TO THE WEST RIGHT OF WAY OF WEST LAKE
DRIVE; THENCE CONTINUE NORTH 89°29'17" WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF
125.00 FEET TO THE SOUTHWEST CORNER OF AFORESAID LOT 6 OF BLOCK 120, JOHNSON'S REPLAT;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 0°25'20" EAST ALONG THE WEST LINES OF
AFORESAID LOTS 4, 5, AND 6 OF BLOCK 120, JOHNSON'S REPLAT A DISTANCE OF 150.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 4; THENCE DEPARTING SAID WEST LINE RUN NORTH 89°29'17" WEST
ALONG THE SOUTH LINES OF AFORESAID LOTS 7, 8, 9, 10, 11, 12, 13, AND 16 OF BLOCK 120, JOHNSON'S
REPLAT A DISTANCE OF 497.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND A POINT ALONG
THE EAST RIGHT OF WAY OF 12TH STREET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 0°22'36"
EAST ALONG THE EAST RIGHT OF WAY A DISTANCE OF 499.90 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 1465.68 FEET, A CHORD BEARING OF
NORTH 00°10'45" WEST, AND A CHORD DISTANCE OF 10.10 FEET; THENCE ALONG THE ARC OF SAID
CURVE, RUN THROUGH A CENTRAL ANGLE OF 00°23'41" FOR A DISTANCE OF 10.10 FEET TO THE
NORTHWEST CORNER OF AFORESAID LOT 10 OF BLOCK 119, JOHNSON'S REPLAT AND A POINT ALONG
THE SOUTH RIGHT OF WAY OF CARROLL STREET; THENCE DEPARTING SAID EAST RIGHT OF WAY RUN
SOUTH 89°29'17" EAST ALONG THE NORTH LINE OF SAID LOTS 7, 8, 9, AND 10 OF BLOCK 119, AND THE
SOUTH LINE OF SAID CARROLL STREET, A DISTANCE OF 273.01 FEET TO THE NORTHEAST CORNER OF
AFORESAID LOT 7 OF BLOCK 119, JOHNSON'S REPLAT; THENCE DEPARTING SAID SOUTH RIGHT OF WAY
RUN NORTH 24°20'54" EAST A DISTANCE OF 61.17 FEET TO THE SOUTHWEST CORNER OF AFORESAID
LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, ON THE NORTH RIGHT OF WAY OF SAID CARROLL STREET;
THENCE DEPARTING SAID NORTH RIGHT OF WAY RUN NORTH 7°41'47" EAST A DISTANCE OF 98.18 FEET
TO THE NORTHWEST CORNER OF AFORESAID LOT 13 OF BLOCK 115, JOHNSON'S REPLAT, BEING A POINT
OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1176.28 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE ALSO BEING THE NORTH LINE OF
AFORESAID LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF BLOCK 115, JOHNSON'S REPLAT ALONG A
CHORD BEARING OF SOUTH 61°10'59" EAST FOR AN ARC LENGTH OF 328.69 FEET; THENCE CONTINUING
ALONG SAID NORTH LINE AND THE 100 FEET SOUTHEASTERLY EXTENSION OF RUN SOUTH 69011'18"
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EAST A DISTANCE OF 430.34 FEET; THENCE DEPARTING SAID NORTH LINE AND SOUTHEASTERLY
EXTENSION RUN SOUTH 30°13'43" WEST A DISTANCE OF 190.34 FEET TO A POINT ALONG THE
AFORESAID EAST LINE OF GOVERNMENT LOT 8; THENCE RUN SOUTH 0°40'24" WEST ALONG SAID EAST
LINE A DISTANCE OF 343.41 FEET TO THE AFORESAID POINT OF BEGINNING.
THE LANDS DESCRIBED HEREON CONTAIN 12.309 ACRES (536,167 SQUARE FEET) MORE OR LESS.
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