HomeMy WebLinkAboutOrdinance No. 2025-042 INSTRUMENT#: 2026020631 OR BK 6685 PG 492 PAGES: 42 2/19/2026 4 :31 :35 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $358.50
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CLE ��',,// CITY OF CLERMONT
R1'►0►� ORDINANCE NO.2025-042
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED
TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF
ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED
HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR,RECORDING,PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS,the City Council of Clermont,Florida annexed the property on June 10,2025;
and
WHEREAS,the property currently had an existing, approved Planned Unit Development
(PUD)in Lake County,Ordinance NO. 2021-36; and
WHEREAS, to complete the annexation process with a compatible City Zoning
Designation and Future Land Use Category; this rezoning request is being initiated by City staff;
and
WHEREAS,the City Council of Clermont, Florida,has considered an Amendment to the
official Zoning Map of the City to Rezone the subject property from Lake County Planned Unit
Development(PUD)to City of Clermont Planned Unit Development District(PUD) for a mixed-
use development within the Wellness Way Area Plan boundary; and
WHEREAS,the property is located within the Wellness Way 1 Future Land Use Category
(FLUC) as shown on the City of Clermont Comprehensive Plan Future Land Use Map (FLUM);
and
WHEREAS,the City of Clermont Planning and Zoning Commission did on the 4m day of
November 2025 review the petition for Rezoning; after giving Notice of Hearing on the petition
for a change in the use of land, including notice that the Ordinance would be presented to the City
Council of the City of Clermont, Florida, on the 181h day of November 2025, and continued until
the 27th day of January 2026; and
WHEREAS,the City Council reviewed the petition,the recommendations of the Planning
and Zoning Commission, and any comments, favorable or unfavorable, from the public and
surrounding property owners at a Public Hearing duly advertised;and
WHEREAS, upon review, certain terms pertaining to the development of the above-
described property have been duly approved.
NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida,
hereby ordains that:
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 493 PAGE 2 of 42
4
CITY OF CLERMONT
__'j_O ORDINANCE NO.2025-042
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 NO. 1: Alternate Key No. 1028418
THE SOUTHEAST ONE QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ALL LYING AND BEING IN LAKE COUNTY, FLORIDA, LESS AND
EXCEPT ALL THAT PORTION OF THAT CERTAIN PLAT OF AVALON HILLS
RECORDED IN PLAT BOOK 57, PAGES 42, 43, AND 44, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, AND LESS AND EXCEPT ROAD RIGHT-OF-WAY.
OR BK 4810, PG 1926
PARCEL NO. 2: Alternate Key No. 1593182
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 1,TOWNSHIP 23 SOUTH,RANGE
26 EAST; LAKE COUNTY, FLORIDA. LESS THE NORTH 25 FEET FOR RIGHT OF WAY
BY VIRTURE OF THE QUIT-CLAIM DEED RECORDED IN DEED BOOK 345, PAGE 45,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 1,TOWNSHIP 23 SOUTH,RANGE
26 EAST,LAKE COUNTY, FLORIDA.
OR BK 3397,PG 1895
PARCEL NO. 3: Alternate Key No. 1028396
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 23 SOUTH,RANGE 26 EAST,LESS THE NORTH 30 FEET THEREOF,PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
OR BK 1639,PG 787
PARCEL NO. 4: Alternate Key No. 1028400
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, AND
THE EAST 30 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 494 PAGE 3 of 42
(9,
CITY OF CLERMONT
CR- ORDINANCE NO.2025-042
OR BK 5010,PG 1069
PARCEL NO. 5: Alternate Key No. 1594022
THE SW 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY,FLORIDA,
AND: A 30 FOOT WIDE STRIP OF LAND OVER THE NORTH 30 FEET OF THE NORTH
1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26
EAST,LYING IN LAKE COUNTY,FLORIDA.
LESS AND EXCEPT: A 30 FOOT WIDE STRIP OF LAND OVER THE EAST 30 FOOT OF
THE SW 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY, FLORIDA.
OR BK 2609,PG 1259
PARCEL NO. 6: Alternate Key No. 1594006
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12,TOWNSHIP 23 SOUTH,RANGE 26 EAST,LAKE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 12, THENCE RUN SOUTH 00°36'42" WEST ALONG THE WEST LINE OF SAID
NORTHEAST 1/4 FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89035'26" EAST ALONG A LINE 25.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF A DISTANCE OF 632.12
FEET; THENCE SOUTH 00034'59" WEST FOR A DISTANCE OF 1221.76 FEET; THENCE
SOUTH 89031'05"EAST ALONG A LINE 75.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF
656.27 FEET; THENCE SOUTH 00°33'15" WEST ALONG THE EAST LINE OF SAID
NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF 75.00 FEET; THENCE
NORTH 59031'05" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE
NORTHEAST 1/4 FOR A DISTANCE OF 1319.07 FEET; THENCE NORTH 00°36'42" EAST
ALONG THE WEST LINE OF SAID NORTHEAST 1/4 FOR A DISTANCE OF 1295.96 FEET
TO THE POINT OF BEGINNING.
OR BK 2705,PG 1217
PARCEL NO. 7: Alternate Key No. 1593999
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12,TOWNSHIP 23 SOUTH,RANGE 26 EAST,LAKE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE RUN SOUTH 89035'26"EAST ALONG THE NORTH LINE OF SAID NORTHEAST
1/4 FOR A DISTANCE OF 1317.76 FEET; THENCE SOUTH 00033'16" WEST ALONG THE
EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 495 PAGE 4 of 42
CLE6NT
CITY OF CLERMONT
ORDINANCE NO. 2025-042
1247.62 FEET; THENCE NORTH 89°31'05" WEST ALONG A LINE 75.00 FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST
1/4 FOR A DISTANCE OF 686.27 FEET; THENCE NORTH 00°34'59" EAST, FOR A
DISTANCE OF 1221.76 FEET; NORTHEAST 1/4 FOR A DISTANCE OF 632.12 FEET;
THENCE 00036'42" EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
OR BK 3397, PG 1895
LOCATION:
Hartwood Marsh Road
Vacant parcels located south of Hartwood Marsh Road
and west of the Lake/Orange County Line
(Alternate Keys 1028418, 1593182, 1028396, 1028400, 1594022,
1594006 and 1593999)
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PROPERTY REZONING
From: Lake County Planned Unit Development(PUD)
To: City of Clermont Planned Unit Development(PUD)
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 496 PAGE 5 of 42
.O
CLERMQICITY OF CLERMONT
ORDINANCE NO. 2025-042
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:
1. After establishment of the facilities as provided herein,the property shall only be used for
the purposes named in this Ordinance. Any other proposed use must be specifically
authorized by the City Council.
2. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest. The transfer of ownership or lease of
any or all of the property described in this Ordinance shall be included in the transfer or
lease agreement, a provision that the purchaser or lessee is made good and aware of the
conditions established by this Ordinance and agrees to be bound by these conditions. The
purchaser or lessee may request a change from the existing plans and conditions by
following procedures contained in the LDR, as amended.
3. The Property shall be developed in substantial accordance with Exhibit 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.
4. 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.
5. This Ordinance shall inure to the benefit of and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present Owners and any successors,and shall be subject to each and every condition herein
set out.
6. Construction and operation of the proposed use shall always comply with the regulations
of this and other governmental permitting agencies.
7. 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.
8. 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
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 497 PAGE 6 of 42
CITY OF CLERMONT
C7R ,� ORDINANCE NO.2025-042
Information Technology Director will work with the developer at the time of site plan
review to determine the extent of fiber optic conduit.
9. 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.
10. The City of Clermont Code Enforcement shall have authority to enforce the terms and
conditions set forth in this ordinance and to recommend that the ordinance be revoked.
SECTION 3: PERMITTED USES
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. Residential Uses. The property may be developed with a maximum of 660 dwelling units
to include a mixture of single-family detached and single-family attached(two units in one
structure) dwelling units.
a. Accessory uses to the residential development are permitted and may include
community pool, clubhouse,or recreation areas.
b. Accessory dwelling units developed on residential lots shall not be credited towards
the total number of dwelling units permitted within the development.
C. The residential uses shall be developed at a minimum of three(3)and maximum of
twelve(12)dwelling units per net acre.
d. Single-family detached dwelling units shall have the garages accessed by alley only
on lots less than forty (40) feet wide. This requirement shall not apply to single-
family attached units.
2. Non-Residential Development. A minimum of 48 acres of non-residential development
shall be set aside to be developed with the following uses on the areas shown as job
hub/centers on the Conceptual Plan,Exhibit"A".
a. Commercial: Retail,wholesale,eating and drinking,brewing,processing,packing,
outdoor storage/display,and distribution of products are permitted when associated
with and are incidental to permitted agriculture, agribusiness, plant nurseries, and
Community Center Recreation facilities identified on the Conceptual Plan.
b. Office/Personal Services: Office, when associated with the permitted agriculture,
agri-business, plant nurseries, and Community Center Recreation facilities
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 498 PAGE 7 of 42
,G
CITY OF CLERMONT
CR ORDINANCE NO.2025-042
identified on the Master Plan.
C. Public/institutional: Parks, civic uses, public safety, fire station, educational
facilities associated with the agricultural uses and recreational uses only, utilities,
and similar uses, but shall not include hospitals, transportation facilities, or K-12
schools.
d. Childcare, family care, outpatient clinic when located within or associated with a
Community Center Recreation facility.
e. Agriculture Uses: Agriculture, agri-business, plant nurseries, and similar uses are
permitted in designated job hub/center areas on the Master Plan.Community Center
Recreation areas are also considered job hub/center areas within this MPUD and
may include a riding stable and/or academy facility and similar uses that support
recreational and wellness activities. Family farming in residential areas may be a
permitted use as allowed by the Land Development Codes.
f. Interim Agriculture Uses.If an area is designated on the Master Plan for Residential
use,Agriculture uses are permitted within those areas until such time as that phase
is developed.
g. Commercial uses such as fast-food including drive-through, gas stations,
automotive,and general retail not permitted by Section 3,item 2,a-f are prohibited.
3. Development shall be limited to each parcel as identified in this chart;provided, however,
that densities may be blended among the McKinnon Groves and Jones properties if
necessary to offset the reduction of lots in the Avalon LLC parcel due to increased buffer
or lot size as specified in Section 3.14.f below or from the increased lot size alternative in
Section 3.14.j below; and further provided that job generation, non-residential square
footage and non-residential set aside acreage may be transferred from the Avalon LLC
property to,and blended among,the McKinnon Grove and Jones properties:
Subject { Net Max, Job Non- Non-
Property Acreage Capacity Generation Residential Residential
(DU) SF Set Aside
Acreage
Gross Net Acreage Dwelling Job (Non-
Acreage— X 1.85 Units X generation Residential
Water 1.75 X 450 SF/43,560)
Bodies and SF/employee X 0.25
Wetlands
McKinon 180 332 582 261,800 24
Groves '
Jones 98 181 318 142,919 13
Avalon LLC 79 147 (or as 257 115,530 11
s cified in
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 499 PAGE 8 of 42
�E
CITY OF CLERMONT
CRMaNT ORDINANCE NO. 2025-042
Sec. 3.14.j
below
Totals 357 660 1,156 520,249 48
SECTION 4: DEVELOPMENT CONDITIONS
a. The overall development shall not exceed 60%Impervious Surface Ratio(ISR).
b. A minimum of three(3)housing types shall be provided,generally consistent with
Exhibit "B". Apartments are not permitted Height of any structure is limited to 35-ft,
unless restricted by 4(d)below.
C. Non-residential uses shall be made accessible by the residential development via a
mixed-use trail or sidewalks.
d. In addition to the foregoing conditions, the property is subject to those certain restrictions
specified in the Declaration of Restrictive Use Covenants Affecting Real Property --The
McKinnon Groves PUD, a copy of which is recorded at Book 5901,Page 1268 of the
Official Records of Lake County, Florida. SEE ATTACHED EXHIBT C
SECTION 5: DEVELOPMENT STANDARDS&SETBACKS
The development standards are as follows:
a. Single Family Detached Units shall adhere to the following standards:
Front Setback-Local Street 20 feet from property line or right-of-
wa� chever is greater _
Setback from an external Collector 50 feet from the right-of-way
Road
Front Porch Setback 12 feet from the property line or right-
of-wav, whichever is greater
Attached, Front Loaded Garage 25 from property line
Setback
Secondary Front Setback 15 Peet from properLy line
Side Setback 5 feet from the pro.eily line
1 Rear Setback 15 feet from the property line
Accessory Structure Setback 5 feet from the property line
(including pools,porches, and screen
enclosures) _
ISR for Individual Lots 0.80 if the developer demonstrates that
the overall development will not
exceed 0.60
Minimum Lot Width 40 Feet
Maximum Buildine Height 35 Feet and 2 stories
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 500 PAGE 9 of 42
CORM, CITY OF CLERMONT
ORDINANCE NO.2025-042
Driveway Setback 15 Feet from the property line
* See reference under Section 4(d)above—25 feet and single-story.
b. Single Family Attached Units(Duplexes) shall adhere to the following standards:
Front Setback 20 feet from property line or right-of-
way, whichever is greater
Attached, Front Loaded Garage 25 from property line
Setback
Secondan Front Setback 15 feet from .ro pert line
Front Porch Setback 12 feet from the property line or right-
of-way whichever is greater
Side Setback 5 feet from the property line/0 feet
with common wall
Rear Setback 10 feet from the property line
Attached Accessory Structure Setback 5 feet from the property line/0 feet
(Pools, Screen Enclosures, Decks) from the common wall pro em line
Detached Accessory Structure Setback 5 feet from all property lines,
including common wall property line
ISR for Individual Lots 0.80 if the developer demonstrates that
+ the overall development will not
exceed 0.60
Minimum Lot Width 30 Feet
Maximum Building Height 35 Feet or 2 stories(multi-
generational)
Driveway Setback 5 Feet from the property line unless
utilizing a shared driveway in
conjunction with an approved lot
gradin,, plan.
* See reference under Section 4 (d)above—25 feet and single-story.
C. Commercial Development shall adhere to the following standards:
Floor Area Ratio(FAR) Minimum: 0.25
Maximum: 0.30
Front Setback 25 feet from the Right-of-Way, internal road or
easement.
Side Setback 5 feet from the property line.
Rear Setback 15 feet from the property line.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 501 PAGE 10 of 42
E;
CITY OF CLERMONT
� RMOt� ORDINANCE NO.2025-042
SECTION 6: LANDSCAPING REQUIREMENTS
a. Landscaping and screening shall be in accordance with the Comprehensive Plan
and Land Development Regulations(LDR),as amended.
b. Perimeter Buffers are designated on the PUD Master Plan and may vary in width
based on location; however, minimum widths are as shown on the PUD Master
Plan. Perimeter buffers shall consist of canopy and understory trees and plants
utilizing 100% Florida native plant materials in conformance with Chapter 123 -
Vegetation. Exotic/invasive species shall be removed. Existing vegetation located
along the perimeter of the PUD may be used to count towards the minimum
perimeter landscaping requirement.
C. The perimeter buffer designated on the PUD Master Plan landscaping shall be a
heavily vegetated visual buffer of canopy and understory plants. Permeable storm
water areas when enhanced as amenities using native vegetation are permitted
within the buffer. Within the perimeter buffer a meandering community trail with
a natural surface suitable for walking,running,horseback riding,and bicycling may
be located and maintained. The perimeter buffer and trail area shall include canopy
and understory plants to enhance the visual buffering while providing a comfortable
and safe environment for recreational users of the trail, and adjoining properties
within the MPUD.Motor vehicles are prohibited within the perimeter buffer except
for planting and maintenance of vegetation, removal of exotic/invasive species,
construction,maintenance, and for fire and safety operations.
d. Residents within the MPUD adjoining any trail may access the trail directly through
a private gate within the resident's fence.
e. During the review of the development application for Preliminary Plat and
landscape plan approval, the existing vegetation will be evaluated to determine
consistency with the perimeter landscape requirements in accordance with the Land
Development Regulations, as amended.
f. Existing trees located within the 200' wide landscape buffer along the western,
southern and eastern perimeters of AK 1028418 will not be removed, except for
dead, exotic/ invasive, or diseased trees, or as needed for grading purposes;
provided, however, that the proposed retention pond along the southern boundary
may encroach into the landscaped buffer area,but vegetation must be re-established
after construction of the pond. Removal of existing trees for grading purposes may
only occur within the most interior 75' of the 200' wide landscape buffer,provided
however, that post grading vegetation must be re-established within the portion of
the buffer.
g. Existing citrus trees located within the 150' buffer along the southern perimeter of
AK 1594022 will not be removed, except for dead, exotic/ invasive, or diseased
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 502 PAGE 11 of 42
E>
CITY OF CLERMONT
�LERMOI� ORDINANCE NO. 2025-042
trees, or as necessary to re-establish producing trees. Dead, exotic/ invasive, or
diseased trees may be replaced with citrus trees or Florida native landscaping.
h. Existing trees located within the 150' wide landscaped buffer along the eastern
perimeter of AK 1593999 will not be removed, except for dead, exotic/ Invasive,
or diseased trees.
i. Existing citrus trees located within the 150' buffer along the eastern perimeter of
AK 1593182 will not be removed, except for dead, exotic/ invasive, or diseased
trees, or as necessary to re-establish producing trees. Dead, exotic/ invasive, or
diseased trees may be replaced with citrus trees or Florida native landscaping.
j. In lieu of the 200' landscaped buffer along the western, southern, and eastern
perimeter of AK 1028418, at the developer's option so long as the Wellness Way
minimum density calculations for the entire project can be met,this parcel may be
developed with a gross density of one unit per acre with a minimum 50' landscaped
buffer along the western, southern, and eastern perimeter of the parcel.
k. Existing trees within the landscape buffers that are removed as a result of disease
or death shall be replaced in accordance with best forestry management practices
as shall be established as part of the management plan as specified in(Section).The
replacement of existing trees removed under this provision must be designed to
screen adjacent properties by using a combination of calipers. Seedlings alone are
not permissible.
1. Drought tolerant, native trees, and drought tolerant, native vegetation shall be
utilized for all street trees, landscape buffers, and stormwater retention/detention
areas.
M. Best Management Practices for native landscaping and "right plant-right place"
landscaping techniques shall be utilized in the design and installation of invasive
exotic plant species in all landscape plantings is prohibited.
n. Smart Irrigation Best Management Practices shall be utilized for all landscape
irrigation and shall incorporate soil moisture and rain sensors into the irrigation
design.
SECTION 7: OPEN SPACE
a. Open Space will include 20%of net buildable acres as Wellness Space and 10%of
net buildable acres as Green Space as provided below.
i. Wellness Space. Wellness Space Includes land area open to public and
private access including gathering places, such as parks, pedestrian and
bicycle/pedestrian ways or trails, recreation fields and grounds, piazzas,
plazas and urban squares, and permeable storm water areas if enhanced
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 503 PAGE 12 of 42
CITY OF CLERMONT
ORDINANCE NO.2025-042
amenities using native vegetation area. The provision of Wellness Space
shall be provided as aggregate of the total MPUD not on an individual
neighborhood or development tract basis. Wellness Space is limited 10%
impervious surface ratio.
ii. Green Space. Green Space includes areas designated for such purposed as
flood control,water management,or restoration of vegetative communities
and wildlife habitat, conservation, passive recreation, and maintenance
buffers from adjacent rural residential areas. Green Space should be
maintained in such a way to encourage the proliferation of native flora and
fauna and use of the community trail network. Walking,running,bicycling,
horseback riding, flora and fauna observation, and Trail
construction/maintenance and similar activities are permitted on the
community trail network within the Green Space areas. Motorized vehicles
are not permitted except for construction, maintenance, or emergency use
on the community trail network and maintenance of the community buffer.
Green Space also includes permeable storm water areas if enhanced
amenities using native vegetation area. The provision of Green Space shall
be provided as aggregate of the total MPUD not on an individual
neighborhood or development tract basis.
iii. A Management Plan for Open Space including buffers and trail areas shall
be required. At a minimum, the Management Plan shall present goals and
actions to enhance and restore Open Space areas to native Florida habitats
such as Sandhill or Scrub or as determined by a qualified biologist with
experience in restoration and management plans. The Management Plan
shall include steps to prevent the influx of nuisance/exotic vegetative
species. Additionally, the Management Plan shall include the use of kiosks
and educational brochures provided to homeowners utilized to educate and
inform homeowners and visitors about the benefits of open space and
conservation practices. The Management Plan will be provided to the City
Manager or designee for review and approval and will be incorporated
herein by reference as a material part of this MPUD.
iv. Maintenance of the open space areas and trails must be conducted by a
business or entity with experience in management of natural areas and trails.
SECTION 8: RECREATION AND WELLNESS CORRIDOR
a. The property shall be developed with a Wellness Corridor to connect communities, the
Town Center, Job Hubs, neighborhoods and destinations together in a series of integrated
trail and pedestrian facilities.
b. The Wellness Corridor shall include the Trunk and Neighborhood Trails depicted in Figure
3.4 titled 'Wellness Ridgeway Network Framework Map' within the Wellness Way
Community Design Guidelines and Standards.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 504 PAGE 13 of 42
t;
�',/ONT CITY OF CLERMONT
CR'-f ORDINANCE NO. 2025-042
i. Trunk Trail
1. The Trunk Trail shall be generally located along the northern property
boundary.
2. Trunk Trails are the main system of trails located within the right of way of
the Primary Roadway Network and Neighborhood Connectors. They must
be at least 14' wide and separated from the adjacent roadway by at least 8'.
ii. Neighborhood Trails
1. The Neighborhood shall be generally located along the northwestern
property line, through the utility easement, and along the southeastern
boundary of the PUD.
2. Neighborhood Trails are a finer-grain system of trails connecting to Trunk
Trails that are intended to connect destinations within neighborhoods and
centers to parks and other places of activity. Neighborhood Trails must be
at least 12' wide. They may be located within street right-of-way or within
park or open space tracts. If located adjacent to a street,these trails must be
separated from the back of curb(or edge of travel lane if no curb)by at least
8'.
C. The Wellness Corridor may include the following elements:
i. Community farms and gardens;
ii. Wetlands, Water Bodies, and Preserved uplands;
iii. Trails,pedestrian ways and bikeways;
iv. Viewsheds, scenic,cultural, and environmental resources;
V. Wellness Corridors/open space;
vi. Parks/recreation facilities for active and passive use;and/or
vii. Stormwater management facilities.
d. The development shall provide a safe and continuous bicycle network. Each phase of
development shall demonstrate compliance with this provision on the Construction plan
submittal and will need to be completed with the infrastructure.
e. Bicycle networks shall connect residential neighborhoods with the Town Center,Job Hubs,
neighborhoods and parks and schools and may include:
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 505 PAGE 14 of 42
C:
' CITY OF CLERMONT
CR ORDINANCE NO. 2025-042
i. Shared lane markings;
ii. Designated bike lanes;
iii. Separated bike facilities or"cycle tracks"; and/or,
iv. Multi-use paths and trails.
f. The Wellness Corridor,trail,and bicycle network shall be accessible to the public.
SECTION 9: DESIGN GUIDELINES
Residential and Non-residential development shall be generally consistent with the Wellness Way
Community Design Guidelines and Standards, prepared by Levy Consultants and dated
September 21, 2020, as amended. Should there be a conflict between the Wellness Way
Community Design Guidelines and Standards and this Ordinance, this Ordinance shall take
precedence.
SECTION 10: TRANSPORTATION
a. All access management shall be in accordance with the Comprehensive Plan and the Land
Development Regulations,as amended.
b. The development shall incorporate a traffic management plan which will include traffic
calming throughout the development.
C. Additional right-of-way for Hartwood Marsh Road shall be required in accordance with
the Land Development Regulations,as amended. Hartwood Marsh Road may be realigned
along the development's northern boundary in a manner consistent with the Master Plan
attached as Exhibit"A".
d. Paved shoulder shall be required to be added to Hartwood Marsh Road that will need to
begin at the end of the existing paved shoulder in front of Lakeview Preserve and extend
to the county line with Orange County.The existing road that is not part of the realignment
area will be required to be resurfaced as directed by the Lake County Department of Public
Works.
e. There shall be no road or public access connection to the West Phil C. Peters Road,Terra
Vista Court, Spyglass Hill Road, Dangler Road, Seidner Road, Sandhill Road, Caamano
Lane, and Lookout Hill Road, except as provided in Section 11 of this Ordinance.
However, an emergency vehicle access through AK 1028418 to West Phil C. Peters Road
is required.
f. Sidewalks and Trails will be required in accordance with the Land Development
Regulations and the Wellness Way Design Standards, as amended. Should there be a
conflict between those standards and this Ordinance,this Ordinance shall take precedence.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 506 PAGE 15 of 42
e
CITY OF CLERMONT
��ERMo ORDINANCE NO.2025-042
g. The development will be required to design, and construct the South Lake - Citrus Ridge
Trail from the developments western corner with Hartwood Marsh to the county line with
Orange County.
h. Unless otherwise approved herein, the development will need to meet the FDOT Florida
Greenbook, County, City,and the Wellness Way Design Standards,as amended.
i. Future road maintenance will be funded through the use of a municipal service taxing unit
(MSTU) or municipal service benefit unit (MSBU) as authorized under section
125.01(1)(q),Florida Statues.Before or concurrent with any final plat or site plan approval,
the Owner shall provide any documentation required by Lake County to impose an MSTU
or MSBU,at Lake County's discretion,on the platted or commercial lots.Additionally,the
Owner acknowledges and agrees that the MSTU or MSBU shall be collected as a non-ad
valorem assessment using the uniform method of collection set forth under Section
197.3632, Florida Statutes.
SECTION 11: ACCESS
The primary Access for this MPUD for all residential uses shall be Hartwood Marsh Road. The
property is to be developed with no road or public access connection to West Phil C. Peters Road,
Terra Vista Court, Spyglass Hill Road, Dangler Road, Seidner Road, Sandhill Road, Caamano
Lane, and Lookout Hill Road; provided, however, an emergency vehicle access will be provided
through AK 1028418 to West Phil C. Peters Road. Lookout Hill Road access shall he solely for
the purpose of access for the business located in Tract JB-2.The power transmission line easement
rights of access shall not be affected by or subject to the access limitations set forth in this PUD.
SECTION 12: CONNECTIVITY
Connectivity, the intersection density shall have a minimum of 80 intersections per square mile
inclusive of community trails, bicycle/pedestrian paths/sidewalk crossings, and streets.
SECTION 13: ENVIRONMENTAL
a. An environmental survey shall be conducted in accordance with the LDR,as amended,to
address natural vegetative communities, wildlife corridors, and designated species prior
to submittal of any development application.
b. The developer or property owner shall provide written notification to property owners,
within a distance as designated by the local authority having jurisdiction,and the local fire
authority prior to any prescribed burning or land-clearing activities involving open flame
or combustion. All burns must comply with applicable state and local fire codes and air
quality regulations.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 507 PAGE 16 of 42
�LE001 CITY OF CLERMONT
ORDINANCE NO.2025-042
SECTION 14: STORMWATER AND FLOODPLAIN MANAGEMENT
a. The stormwater management system shall be designed in accordance with all applicable
City of Clermont and St. Johns River Water Management District (SJRWMD)
requirements, as amended.
b. The developer shall be responsible for any flood studies required for developing the site
and comply with FEMA, Comprehensive Plan and Land Development Regulations, as
amended. Any development within the floodplain as identified on the FEMA maps will
required compensating storage.
SECTION 15: SIGNAGE
All signs shall be consistent with the City's sign code,as amended.
SECTION 16: LIGHTING
a. All development will adhere to Dark Sky Principles.In situations where Lighting Standards
conflict with Dark Sky Principles, Dark Sky Principles shall have precedence.
b. All street lighting must meet FDOT street lighting standards, dark sky, warm white glow
correlated color temperature(CCT)not to exceed 3000k.
C. All streetlighting shall be owned and maintained by the CDD or HOA.
d. No street lighting or pole mounted lighting is permitted within the perimeter buffer areas
or open space areas;provided,however bollard lighting is allowed. Street lighting and pole
mounted lighting within the open space will only be permitted when necessary for safety
purposes.
SECTION 17: PUBLIC SAFETY
Public Safety, In order to mitigate public safety response times to this development and
surrounding properties, a minimum of three(3)acres will be donated to the City of Clermont in a
location mutually agreed on by the City and the Owners along on in close proximity to Hartwood
Marsh Road to be used as a public safety facility including but not limited to for the purpose of
providing fire an emergency medical services; provided, however, if the City has not constructed
a public safety facility on the donated property within ten(10)years from the effective date of this
Ordinance,then the City shall convey the property back to McKinnon Groves.The Owners hereby
acknowledge and agree that such dedication satisfies the requirements established under City,and
other applicable state and federal law.
SECTION 18: SPECIAL EVENTS
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 508 PAGE 17 of 42
;t.
CRMoM CITY OF CLERMONT
ORDINANCE NO. 2025-042
Special events, including community events, are intended to promote inviting, vibrant, creative,
and entertaining community gatherings within the Property. Community/Special Events such as,
but not limited to, arts and craft festivals,community walks/running events, charity events,music
fests, food and wine festivals, movies in the park, dog days, car shows and sponsorship events,
yoga in the park,weddings, special food truck events, farmers markets, and similar events. These
uses are permitted on common areas,Job Hub Tracts, and trails,as appropriate.
a. No single event shall be more than three (3) consecutive days without City Manager or
designee approval.
b. Special events are permitted to operate between 6:00 am and 12:00 midnight (including
setup and takedown)on a year-round basis;except that three(3)special events per year are
permitted to operate between 6:00 am and 1:30 am(including setup and takedown).
C. Outdoor music, loudspeakers, etc. are permitted at special events between 10:00 am and
7:00 pm Sundays- Thursdays,and until 11:00 pm on Fridays and Saturdays.
d. Special events shall be permitted for an unlimited number of events.
e. Special events shall obtain a special event permit from the City of Clermont Fire
Department, Fire Prevention Division,as described in article IV of the LDR,as amended.
SECTION 19: CONCURRENCY MANAGEMENT REVIEW AND IMPACT FEES
Concurrency shall be met prior to the issuance of any development order,consistent with the LDR,
as amended.
SECTION 20: DENSITY CHANGES
When reasonably practicable, density changes in neighborhoods shall occur at mid-block
locations, rather than along streets, so that buildings faceting each other are compatible and
transitions between uses are gradual.Portions of neighborhoods that are proposed to be developed
with the highest of densities should generally be located closest to a center or a neighborhood park,
square, or green.
SECTION 21: GATED COMMUNITY
The development may be gated in its entirety or in part. Roads and throughfares located within
any gated portion of the development shall be a private road as defined in the City's Land
Development Regulations, as amended. However, access shall be provided between all areas
within the MPUD via network of interconnected sidewalks, and trails to encourage pedestrian,
bicycle, and recreational use.
SECTION 22: COMMUNITY DEVELOPMENT DISTRICT
Nothing precludes consideration for the establishment of a community development district upon
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 509 PAGE 18 of 42
CITY OF CLERMONT
� RMo ORDINANCE NO.2025-042
receipt of a petition and compliance with the public hearing process and requirements in
accordance with Chapter 190,Florida Statues. Further,any of the requirements hereunder may be
financed by a community development district, pursuant to Section 190.012(l)(g), (h), Florida
Statutes. [Condition Completed]
SECTION 23: BUILDOUT DATE
Buildout of the development shall be no later than 2040.
SECTION 24: DEVELOPMENT REVIEW AND APPROVAL
a. Prior to the issuance of any permits, the Owners will be required to submit a preliminary
plat, construction plans,and final plat generally consistent with Exhibit"A"—Conceptual
Plan and/or site plan for review and approval in accordance with the Comprehensive Plan
and Land Development Regulations,as amended. [Condition Completed]
b. In the review of development plans, if it is determined by the review staff that a
development standard has not been included in this Ordinance, or there is ambiguity in a
PUD standard, the applicant shall request an interpretation of the development standard
from the City Manager or his designee. The interpretation may take two forms: an agreed
upon standard by the City Manager or designee,or a referral to the most applicable section
of the then current code. The interpretation shall be binding on the applicant. If the
applicant does not agree with the interpretation, the applicant may appeal the decision to
the City Council.
C. Physical development shall commence within three (3) years from the date of this
Ordinance approval. Failure to commence construction within three(3) years of approval
shall cause the revocation of this ordinance, in accordance with the Comprehensive Plan
or superseding documents amended. Prior to expiration of the three-year lime frame, the
City Council may grant, via a Public Hearing, one (1) extension of the time frame for a
maximum of two(2)years upon a showing that reasonable efforts have been made towards
securing the required approvals and commencement of work. [Condition Completed]
d. The specific references in this Ordinance to the Florida Statutes, Florida Administrative
Code, City of Clermont Comprehensive Plan, and the LDR shall include any future
amendments to the Statutes, Code,Plans, and/or Regulations.
SECTION 25: PUBLIC SERVICES
a. The Developer shall connect to the existing City potable water and sanitary sewer systems
at connection point or points approved by the City.
b. The route of any off-site lines shall be according to engineering plans produced by the
developer and approved by the City.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 510 PAGE 19 of 42
A,
CCERMON, CITY OF CLERMONT
ORDINANCE NO.2025-042
C. 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.
d. 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.
e. 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.
f. 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.
g. The City may require a looped system to provide reliability and redundancy to the property.
h. The project shall be plumbed with purple piping to irrigate all uses.
i. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
j. 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.
k. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate
standard 10 feet building separation.
1. Lift station access shall meet all City criteria.
M. Bulkheads, walls, or non-turf vegetation slope stabilization may be used for stormwater
retention side slopes.
n. 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
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 511 PAGE 20 of 42
.c
CITY OF C'LERMONT
C - =- ORDINANCE NO.2025-042
into an impact fee agreement which shall provide for the establishment of credits and
payment of impact fees in a specified manner and time.
o. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
P. 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.
q. 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.
r. 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.
S. The proposed development shall connect to central water and sewer from the City of
Clermont. A copy of the utility service agreement shall be provided to Lake County.
[Condition Completed]
t. Reclaimed Water shall be used for landscape irrigation, if available.
U. All roadways, including arterials, collector and local streets, shall provide conduit to
deliver fiber to each household and business.
V. Irrigated landscaping shall comply with Florida Water Star SM Program.
SECTION 26: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 27: 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.
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 512 PAGE 21 of 42
' CITY OF CLERMONT
�LERMOt� ORDINANCE NO.2025-042
SECTION 28: ADMINISTRATIVE CORRECTION
This Ordinance may be re-numbered or re-lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION 29: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 30: 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# 2026020631 OR BOOK 6685/PAGE 513 PAGE 22 of 42
,E
CITY OF CLERMONT
��ERMor T ORDINANCE NO.2025-042
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this I Oth day of February 2026.
CITY OF CLERMONT
Tim Murry,Ma pr
ATTEST:
Tracy Ackroy*1owe., MC
City Clerk
Approved as to form and legality:
Ch stun01'. Waugh, Cif
Attorney
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 514 PAGE 23 of 42
cLE CITY OF CLERMONT
new - ORDINANCE NO. 2025-042
EXHIBIT A—CONCEPT PLAN
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INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 515 PAGE 24 of 42
E;
CR}1'ONT CITY OF CLERMONT
—f ORDINANCE NO.2025-042
EXHIBIT B—RESIDENTIAL DESIGN EXAMPLES(page I of 2)
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INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 516 PAGE 25 of 42
CLE ' CITY OF CLERMONT
ORDINANCE NO. 2025-042
EXHIBIT B—RESIDENTIAL DESIGN EXAMPLES (page 2 of 2)
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INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 517 PAGE 26 of 42
CLI ��,',,{{ CITY OF CLERMONT
R1- � ORDINANCE NO.2025-042
EXHIBIT C
DECLARATION OF RESTRICT USE COVENANTS AFFECTING REAL
PROPERTY-THE MCKINNON GROVES PUD
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 518 PAGE 27 of 42
INSTRUMENT#: 2022024824 OR BK 5901 PG 1268 PAGES: 16 2/23/2022 10:02:38 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $137.50
After recording return to:
Shuns&Bowen LLP
Attn:Daniel T.O'Keefe,Esq.
300 S.Orange Ave.
Suite 1600
Orlando,FL 32801
Alternate Ker NumbeLs:
1594022;1028396;
1028400;1028418
------_-------------- SPACE ABOVE THIS LINE FOR RECORDING DATA]--------------------
DECLARATION OF RESTRICTIVE USE COVENANTS
AFFECTING REAL PROPERTY—THE MCKINNON GROVES PUD
THIS DECLARATION OF RESTRICTIVE USE COVENANTS AFFECTING REAL
PROPERTY - THE MCKINNON GROVES PUD ("Declaration") is made as of the-ZL day of
February 2022,by DAYNE ALLEN JONES and LISA A.JONES,husband and wife,having an address
of 18010 Lookout Hill Road, Winter Garden, Florida 34787 ("Jones") and THE PRESERVE AT
AVALON,LLC,a Florida limited liability company,having an address of 7575 Dr.Phillips Blvd.,Suite
245, Orlando, Florida 32819 ("Preserve") (collectively, the "Declarant" and each individually a
"Developer"),for the benefit of FOX MEADOW HOMEOWNERS ASSOCIATION,INC.,a Florida
not-for-profit corporation, whose address is 10021 Fox Meadow Trail, Winter Garden, Florida 34787
("Fox Meadow").
RECITALS
A. The Declarant is collectively the owner of certain real property located in southeast Lake
County, Florida, which real property is a portion of the lands subject to the McKinnon Groves PUD
Ordinance 2021-36 that the Lake County Board of County Commissioners approved at its meeting on
September 28,2021 ("McKinnon Groves PUD").Jones is the owner of:(i)those lands more particularly
described in Exhibit"A-1"attached hereto and incorporated herein by reference("Jones West Parcel");
and(ii)those lands more particularly described in Exhibit uA-2"attached hereto and incorporated herein
by reference("Jones East Parcels"). The Jones West Parcel and the Jones East Parcels are,collectively,
the"Jones Property".Preserve is the owner of those lands more particularly described in Exhibit"B"
attached hereto and incorporated herein by reference("Preserve Property"). A map showing the Jones
West Parcel,the Jones East Parcels,and the Preserve Property(collectively,the"Property")is attached
hereto as Exhihit µC".
B. The Declarant desires to impose certain restrictions upon the Property for the benefit of
Fox Meadow with respect to the development of the portion of the McKinnon Groves PUD located upon
the Property,as provided herein.
NOW, THEREFORE, in consideration of the premises and as fee simple title holder of the
Property,the Declarant hereby declares,establishes and states that all of the Property can only henceforth
be developed,held,sold,used and conveyed subject to the restrictions set forth herein.
1. Recitals, The foregoing recitals are true and correct and are incorporated herein by
reference.
Page 1 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 519 PAGE 28 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1269 PAGE 2 of 16
2. Use Restrictions.The Declarant hereby declares that,for the benefit of Fox Meadow,the
Property shall be subject to and developed in accordance with the following restrictions:
a. Apartments/Rental Period. No apartments are permitted on the Property; provided, for
avoidance of doubt, the limitations of this sentence do not apply to accessory dwelling
units,as allowed by the McKinnon Groves PUD,which accessory dwelling units shall not
be considered apartments for purposes of this limitation.Additionally,short term rentals,
defined as less than a twelve(12)month rental term,and bed and breakfast homes are not
permitted within the Property.
b. Building HeiJ;ht. Single-family homes within the Property,whether detached or attached,
shall be single-story and shall be limited to a maximum building height of twenty-five(25)
feet.Additionally, any non-residential buildings within the Property shall be limited to a
maximum building height of thirty-five(35)feet.
C. Trail Alignment.To reduce visibility from surrounding properties and to mitigate potential
noise impacts from the Property's community trail system,any community trails required
by the McKinnon Groves PUD and located within the Preserve Property or along the
southern boundary of the Jones West Parcel shall be located a minimum of sixty(60)feet
from the exterior property line of such Preserve Property and from the southern property
line of the Jones West Parcel,except at a trailhead connection point(where the minimum
setback requirement shall be zero(0)feet).
d. Limitation of Access Roads to PUD. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of,the terms and conditions in Section 1,Subsection H.5 of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property, and/or the terms and conditions in Section 1, Subsection I of the
McKinnon Groves PUD,which are incorporated as material terms herein by reference,as
such terms and conditions apply to the Property.The emergency vehicle access through
the Preserve Property to West Phil C. Peters Road per Section 1, Subsection H.5 and
Section 1, Subsection I of the McKinnon Groves PUD shall be designed and located in a
manner to minimize, to the extent reasonably possible given the topography of the
Property, natural resources within the Property to be preserved, and govemmental
requirements, impacts to the perimeter buffer area along the southern boundary of the
Preserve Property and to reduce,to the extent reasonably possible given the topography
of the Property,natural resources within the Property to be preserved,and governmental
requirements,direct visibility of development on the Property from West Phil C. Peters
Road.Further,such access shall be for emergency use only and may not be utilized,either
presently or in the future,to provide non-emergency vehicular access for residents,guests,
customers,or any other visitors or invitees to the McKinnon Groves PUD.Construction-
related vehicles shall not use West Phil C.Peters Road to access the Property;provided,
however,that vehicles and equipment associated with the enhancement,restoration,and/or
maintenance of buffer areas shall not be deemed to be"construction-related vehicles"for
purposes of this limitation.
e. Landscapina/Buffer Requirements. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of,the terms and conditions in Section 1,Subsection D,of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property.As provided,by Section 1,Subsection D.6 of the McKinnon Groves
Page 2 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 520 PAGE 29 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1270 PAGE 3 of 16
PUD, as to the Preserve Property, "... the proposed retention pond along the southern
boundary[of the Preserve Property]may encroach into the landscaped buffer area, but
vegetation must be re-established after construction of the pond.Removal of existing trees
for grading purposes [upon the Preserve Property] may only occur within the most
interior 75'of the 200'wide landscape buffer[upon the Preserve Property],provided,
however, that post-grading vegetation must be re-established within the portion of the
buffer." Further, without Fox Meadow's prior written consent,the Developers shall not
seek to amend or waive, nor consent to any amendment or waiving of, the terms and
conditions in Section 1, Subsection E.t.c, of the McKinnon Groves PUD, which are
incorporated as material terms herein by reference,as such terms and conditions apply to
the Property.
f. Additional Screening Requirements.In addition to the foregoing provisions of Paragraph
2.e of this Declaration,Developers agree that the southern interior perimeter of the Jones
West Parcel,the southwest corner of the interior perimeter of the Jones East Parcel,and
the western, southern, and eastern interior perimeters of the Preserve Property shall be
developed consistent with that certain Landscaping/Sereening Cross Section and Detail
set forth in Exhibit "D" attached hereto and incorporated herein by reference (the
"Screening Cross Section"). As used in the foregoing sentence, "interior perimeter"
means and refers to an area within the buffer areas depicted in the Concept Plan attached
as Exhibit"B"of the McKinnon Groves PUD,along the boundaries between such buffer
areas and the portion of the Property to be developed (i.e., not along the boundaries
between such buffer areas and lands outside of the McKinnon Groves PUD). For
descriptive purposes only,and without in any way affecting the interpretation or content
of the Screening Cross Section,the Screening Cross Section reflects the enhancement of
the buffer areas along those perimeters described above with the following elements:(i)a
perimeter wall system of six(6)feet in height that allows climbing vines to be established;
and(ii)an irrigated zone to the outside of the wall system that allows for certain varieties
of trees, shrubs, and other landscape material to be planted and maintained to advance
screening opportunities.
g. Non-Residential Develoyment:Maximum Density.. Without Fox Meadow's prior written
consent,the Developers shall not seek to amend or waive,nor consent to any amendment
or waiving of, the terms and conditions in Section 1, Subsection A.2 of the McKinnon
Groves PUD,which are incorporated as material terms herein by reference,as such terms
and conditions apply to the Property. Further, without Fox Meadow's prior written
consent,the Developers shall not seek to amend or waive,nor consent to any amendment
or waiving of, the terms and conditions in Section 1, Subsection A.3 of the McKinnon
Groves PUD, as such terms and conditions apply to the Property. In addition,no higher
educational facility of any kind shall be located on the Property;provided,however,that
agricultural-related educational uses such as OF/IFAS, or educational recreational uses
such as riding stables,shall be permissible.
h. PrimarY Amenity Location. The tract containing the primary amenity/recreational
facility(ies)serving the Property shall be relocated from the southwest corner of the Jones
West Parcel to another location within the Property(or elsewhere within the McKinnon
Groves PUD)such that the closest portion of the relocated tract(s)containing such primary
amenity/recreational facility(ies)serving the Property shall be no fewer than one thousand
feet(1,000')from the southwest corner of the Jones West Parcel("Amenity Relocation").
For avoidance of doubt, the existing location of the tract containing the primary
amenity/recreational facility(ies) serving the Property is located in the southwest corner
Page 3 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 521 PAGE 30 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1271 PAGE 4 of 16
of the Jones West Parcel,south of stormwater Tract SW-IS (as depicted in the Concept
Plan attached as Exhibit"B"of the McKinnon Groves PUD)and west of stormwater Tract
SW-16(as depicted in the Concept Plan attached as Exhibit"B"of the McKinnon Groves
PUD), such tract being labeled as Tract JB-REC CENTER 3 in the McKinnon Groves
Land Use Plan filed with the Lake County Planning Department(though not labeled in the
Concept Plan attached as Exhibit "B"of the McKinnon Groves PUD). In addition, no
outdoor amplification of sound, including, but not limited to live or recorded music,
announcers, or other amplified sounds, excluding any emergency/life-safety equipment
(e.g., fire alarms and security systems) or except as may be required by applicable
governmental laws, codes,rules, regulations or requirements, shall be permitted on the
relocated amenity/recreational tract between the hours of 10:00 p.m.and 5:00 a.m.daily.
i. Outdoor Li h� tinr,Cellular Towers. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of,the terms and conditions in Section 1,Subsection N,of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property.Additionally,no cellular towers shall be permitted on the Property,
except for antennas that may be co-located on electrical/power transmission or distribution
structures on the Property. For avoidance of doubt,small cell wireless facilities may be
installed on the Property provided such structures do not exceed the maximum heights for
buildings provided in this Declaration or, consistent with the preceding sentence, such
facilities are co-located on electrical/power transmission or distribution structures on the
Property.
3. Covenants to Run with the Land;-Binding Effect.The covenants, agreements, conditions
and restrictions contained herein shall run with the Property and be appurtenant thereto, and shall be
binding upon and shall inure to the benefit of the parties hereto,their respective successors in title/interest
to all or any portion of the Property,and Fox Meadow;provided,however,that at such time as a Developer,
or a Developer's successors in title/interest, no longer owns any portion of the Property,such entity or
person shall thereupon be released and discharged from any and all obligations arising under this
Declaration to be performed or arising after such time, but shall remain liable for all obligations arising
under this Declaration prior to such time.
4. Duration.This Declaration shall be effective for a term of thirty(30)years after the date
it is first recorded in the Official Records of Lake County,Florida.
5. Reaffirmation of Restrictions. Until this Declaration is duly terminated, any entity or
person acquiring title or any other interest in or to any portion of the Property shall be deemed conclusively
and automatically to reconvey,ratify,confirm and reaffirm each and every grant of obligation,term and
provision set forth herein affecting that portion of the Property as a prerequisite to acquiring said title or
other interest.Said reconveyance,ratification,confirmation and reaffirmation shall occur automatically by
virtue of acquisition of title or any other interest, in or to any of said premises and need not be set forth
expressly or separately in any other instrument. The covenants and restrictions contained in this
Declaration shall be binding upon and effective against the owner of any portion of the Property whose
title is acquired by foreclosure,trustee's sale,or otherwise.
6. No Termination uixin Default. It is expressly agreed between the parties hereto that no
breach of this Declaration shall entitle any Developer to cancel, rescind or otherwise terminate this
Declaration, but such limitation shall not affect in any manner any other rights or remedies which such
Developer may have hereunder by reason of any breach of this Declaration.
Page 4 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 522 PAGE 31 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1272 PAGE 5 of 16
7. Default:Notice to Cure. In the event of a breach or violation of any of the covenants and
restrictions contained in this Declaration,the non-breaching party shall give the breaching party written
notice specifying in reasonable detail the nature of the breach or violation.Thereafter,the breaching party
shall have thirty (30) days from the date the written notice is given to cure such breach or violation;
provided,however,that if such breach or violation is of a nature that it cannot reasonably be cured within
thirty(30)days,then the breaching party shall have thirty(30)days from the receipt of written notice from
the non-breaching party to commence said required cure,and the amount of time reasonably necessary to
complete said required cure.If the breaching party cures the breach or violation within the applicable cure
period, it shall not incur any liability to the other party for such breach or violation. Each party shall
reasonably cooperate with any and all attempts by the other to cure any breach or violation within the cure
period. If the breaching party fails to timely cure the breach or violation, the non-breaching party may
exercise its enforcement rights under Paragraph 8 of this Declaration.
8. Enforcement/Attorneys'Fees.In the event of a dispute or breach of any provision herein,
then,as each parry's sole and exclusive remedies,this Declaration may be enforced by any Developer or
Fox Meadow by an action for declaratory and injunctive relief or specific performance. Each Developer
and Fox Meadow hereby waive all other remedies,including without limitation any claim for monetary
damages;the parties acknowledge and agree that the Declarant was materially induced to enter into this
Declaration in reliance upon Fox Meadow's agreement to limit remedies as provided herein,and that the
Declarant would not have entered into this Declaration but for Fox Meadow's agreement to limit remedies
as provided herein.In the event of any action in court to interpret or enforce this Declaration,any provision
hereof,or any matter arising herefrom,the prevailing party(ies)in such court action shall be paid by the
non-prevailing party(ies)the reasonable attorneys'fees and costs incurred in enforcing its(their)rights and
remedies, whether incurred at the trial or appellate levels, including any fees and costs incurred in
determining the amount of awardable fees.
9. Assi gnb meet. Notwithstanding anything to the contrary contained herein, neither a
Developer nor Fox Meadow may assign any of its rights or delegate any of its obligations hereunder
without the prior written consent of all other parties.
10. Governing Law; Venue. This Declaration shall be construed, interpreted,enforced, and
governed in accordance with the laws of the State of Florida. Venue for any action arising out of this
Declaration shall be in Lake County,Florida.
11. Entire Agreement:Amendments.This Declaration represents the entire understanding and
commitment from Declarant to Fox Meadow with respect to the subject matter hereof.No representations
have been made, either express or implied by Declarant, other than those expressly set forth in this
Declaration. This Declaration or any part hereof may not be changed, amended,waived, discharged, or
terminated except by an instrument in writing,executed by all parties,and recorded in the Official Records
of Lake County,Florida; provided,however,that for any portion of the Property that has been included
within a homeowners'association governed by Chapter 720, Florida Statutes,(or comparable successor
provisions of Florida law) such homeowners' association may execute any such instrument changing,
amending, waiving, discharging, or terminating this Declaration on behalf of all lands subject to such
homeowners'association,and the execution and consent of the individual owners of the lands within such
homeowners'association shall not be required.
12. Amendments to The McKinnon Groves PUD. Except as otherwise expressly set forth in
Paragraphs 24 2.e,2.g,and 2.i,nothing herein is intended,nor shall be construed,as establishing in favor
of any party, including,but not limited to Fox Meadow,any right to approve future amendments to the
McKinnon Groves PUD.
Page 5 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 523 PAGE 32 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1273 PAGE 6 of 16
13. Effect of Declaration Prior to Development.Notwithstanding anything in this Declaration
to the contrary,no portion of the Property that has not yet begun to be physically developed pursuant to
the McKinnon Groves PUD shall be subject to the terms and conditions of this Declaration. It is the
intention of the parties that nothing in this Declaration shall obligate any Developer to develop all or any
portion of the Property; rather, once a portion of the Property has begun to be physically developed
pursuant to the McKinnon Groves PUD, then this Declaration provides restrictions governing such
development. Without limiting the foregoing, and for illustrative purposes, nothing in this Declaration
prohibits or restricts in any way any changes in the condition of all or any portion of the Property,or the
construction,operation,and maintenance of new buildings,structures,or other improvements, upon any
portion of the Property, which changes and/or improvements are not pursuant to the McKinnon Groves
PUD, but rather are consistent with the use, occupancy, operation,and maintenance of the Property(or
such portion thereof, as applicable) as was being made of the Property (or such portion thereof, as
applicable)prior to the approval of the McKinnon Groves PUD.Notwithstanding the foregoing and unless
otherwise released pursuant Paragraph 14 below, no change in the condition of all or a portion of the
Property that reduces the width or otherwise adversely impacts the existing perimeter buffers described in
Section 1,Subsection D,of the McKinnon Groves PUD shall be undertaken,except in connection with the
development of the Property(or such portion thereof)pursuant to the McKinnon Groves PUD(or unless
such change in condition is consistent with the use,occupancy,operation,and maintenance of the Property
(or such portion thereof, as applicable)as was being made of the Property (or such portion thereof,as
applicable)prior to the approval of the McKinnon Groves PUD).
14. Partial Release.Notwithstanding anything in this Declaration to the contrary,in the event
that the Developer of all or any portion of the Property subsequently elects to not develop all or a portion
of the Property pursuant to the McKinnon Groves PUD(as it currently exists),but rather intends to develop
all or a portion of the Property in accordance with the entitlements and density for the Property(or such
portion thereof,as applicable)as they existed prior to the approval of the McKinnon Groves PUD(i.e., 1
dwelling unit/5 acres,more or less)(`Intention"),then upon written notice of such Intention from such
Developer to Fox Meadow,the provisions of Paragraphs 2.d,2.e,2.g and 2.i(which prohibit amendments
to and/or waiving of certain provisions of the McKinnon Groves PUD without Fox Meadow's prior written
consent) shall not apply to activities undertaken by the Developers in furtherance of such Intention.
Additionally,at such time as all or a portion of the Property has been removed from the McKinnon Groves
PUD in furtherance of such Intention,or the McKinnon Groves PUD has been amended to be consistent
with such Intention,then this Declaration shall automatically be released from,and shall no longer run
with or be a lien or encumbrance upon title to,the Property(or such portion thereof,as applicable).Further,
notwithstanding anything in this Declaration to the contrary, this Declaration: (i)shall be automatically
released from, and no longer run with nor constitute an encumbrance upon title to, any portion of the
Property, or any interest therein, that is conveyed or dedicated to, or otherwise accepted by, any
governmental authority in fee simple or to the perpetual use of the public;and(ii)shall be automatically
subordinate to any temporary and/or permanent easement granted to any governmental authority,whether
by plat or otherwise. However, nothing in the foregoing sentence shall serve to automatically release or
render subordinate the access limitations in Paragraph 2.d above and as further specified in Section 1,
Subsections H.5 and I ofthe McKinnon Groves PUD without Fox Meadow's prior written consent.Despite
the intent and agreement that the foregoing releases and subordination provided by this paragraph shall
take effect automatically and that no instruments of release or subordination will be required for any
automatic release or subordination to take effect,the parties agree that if requested by any title insurance
company, governmental authority, or any party, the parties, including Fox Meadow, shall execute and
deliver an instrument,in form and content reasonably acceptable to the parties(and to such title insurance
company or governmental authority, if applicable)confirming a release or subordination pursuant to this
paragraph; provided, however, that the requesting party shall prepare such instrument of release or
subordination and shall be responsible for the recording fees associated with the recording of such
instrument of release or subordination.
Page 6 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 524 PAGE 33 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1274 PAGE 7 of 16
15. Notice. Any notice or other communication permitted or required to be given hereunder
by one party to another shall be in writing and shall be hand delivered,mailed by registered or certified
United States Mail,postage prepaid,return receipt requested,or delivered by overnight courier service to
the party(ies)entitled or required to receive the same at the address specified in the preamble or at such
other address as may hereafter be designated in writing by any such party(ies),and any notice or other
communication given by any party to another shall be deemed to have been sufficiently given for all
purposes when made by personal delivery,or upon actual delivery by registered or certified U.S.mail or
overnight courier.
16. Not a Public Dedication.Nothing contained in this Declaration is intended,nor shall be
construed or deemed,to create any rights in favor of the general public or for the general public or for any
public purposes whatsoever, or for or in favor of any person or entity other than Fox Meadow and the
Developers,it being the intention of the Declarant that this Declaration shall be strictly limited to and for
the purposes herein expressed,enforceable only by the parties.
17. Non-Waiver.Failure by any party to insist upon the strict performance of any of the terms,
conditions,or provisions of this Declaration shall not be deemed to be a waiver of such terms,conditions,
and provisions,and each party,notwithstanding such failure,shall have the right hereafter to insist upon
the strict performance of any or all such terms and conditions of this Declaration as set forth herein.
18. Paragraph Headings. All paragraph and descriptive headings in this Declaration are
inserted for convenience only,and shall neither affect the construction or interpretation hereof,nor add or
subtract from the meaning of the contents of each paragraph.
19. Severability.This Declaration is intended to be performed in accordance with,and only to
the extent permitted by, all applicable laws, ordinances, rules and regulations. if any provision of this
Declaration or the application thereof to any person or circumstance shall,for any reason and to any extent,
be held invalid or unenforceable by a court of competent jurisdiction,the remainder of this Declaration
and the application of such provision to other persons or circumstances shall not be affected thereby but
rather shall be enforced to the greatest extent permitted by law.To that end,this Declaration is declared
severable.
20. Negation of Partnership/Joint Venture.None of the terms or provisions of this Declaration
shall be deemed to create a partnership between or among the parties or any of them, nor shall it cause
them to be considered joint venturers or members of any joint enterprise. Each Developer shall be
considered a separate party and,except as expressly set forth in Paragraph 1 I with respect to homeowners'
associations within the Property,no party shall have the right to act as an agent for another party unless
expressly authorized to do so by separate instrument signed by the parties to be charged.
21. Authority. Each Developer hereby warrants and represents that it is the lawful owner of
fee simple title to its respective property,as described herein.Each party hereby warrants and represents
that:(i)it has full power and lawful authority to enter into this Declaration;and(ii)the person executing
this Declaration on behalf of such party is duly authorized and empowered to do so.
[Signature Pages and Exhibits follow)
Page 7 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 525 PAGE 34 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1275 PAGE 8 of 16
"DECLARANT"
i
Li *lgnaturt.
..�
s. A.Jones
Print Na
Signature
_L r i t r
Print Name
Dayne Allen Jones
Signature
Print 1e
Signature
rr 4d
Print Name
STATE OF FLORIDA
COUNTY OF Qra-01
The foregoing in trument was acknowledged before me by means of[�ysical presence or[]
online notarization,this 44 - day of��2022,by Lisa A.Jones and Dyne Allen Jones,
husband and wife. They are [ ] pers ly known to me es [� have produced
�-*g ' U a as identification.
^^^^--
�,... LONR.EODifOitD Notary Public
EWMArWY38.2M
'....� lmdedlhuNebry0ib1oUld�wNwt
Page 8 of 16
ORIDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 526 PAGE 35 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1276 PAGE 9 of 16
"DECLARANT"
THE PRESERVE AT AVALON,LLC,
a Florida limited liability company
/By' -- __` "� 1 W'tn sses:
Robert W.Hol n,Jr.,Manager k—
r:
L
Si atlur^_e.. `
Print ,ame
S1 ature
Print Name
STATE OF FLORIDA
COUNTY OF 0 Z Aw(,-t _
The foregoing in��t nt was a )mowledged before me by means sical presence or[]
online notarization,this�LL day of nLNL 22,by Robert W.Holston,Jr.,as Manager of
The Preserve at Avalon, LLC, a Florida limited 06ility company, on behalf of the company. He
personally known to me or[]has produced_ - as identification.
Ali* Notary Pubft SINS d Florida Notary `
aP Weaiey T Sol
My Commabn GG 941783
Expires 12rM2023
Page 9 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 527 PAGE 36 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1277 PAGE 10 of 16
"FOX MEADOW
FOX MEADOW HOMEOWNERS ASSOCIATION,INC.,
a Florida not-for-profit corporation,
By: r f.�/� W7 ease,:
fr0aident
k
(f,� �/(� ! Signs e r hv �
Pri t Iigme
lgnature
Print Name
STATE OF FLORA A
COUNTY OF G�
The foregoing in¢n�'ent was acknowledged before m by means Hof(P physical ne or(�p,
online notarization,this l y of r-ce e) ,2022,by ��t'.LP— 8
Fox Meadow Homeowners A iation,Inc.,a Florida not-for-profit corporation,on behal of the not-for-
profit corporation. ( personally k n ow
'I to me or (., ] as produced
as identification. r
No Py blicj" `
,
5 JAN CAW:[
hotary D011c State of Florida
A`: Commission=iN 08:001
y?and My Comm,txctres,ar:a•2025
Joreec:hrocgh hatiora.wary Assn.
Page 10 of 16
ORL)OCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 528 PAGE 37 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1278 PAGE 11 of 16
EXHIBIT A-1
Legal Description of Jones West Parcel
(ALT Key 1594022/PIN 12-23-26-0001-000-00400)
The Southwest Quarter(SW 1/4)of the Northeast Quarter(NE 1/4)of Section 12, Township 23 South,
Range 26 East,Lake County,Florida,less the East 30 feet(E 30')thereof.
Page 11 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 529 PAGE 38 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1279 PAGE 12 of 16
EXHIBIT A-2
Legal Description of Jones East Parcels
(ALT Key 1028396/PIN 12-23-26-0001-000-00500 and
ALT Key 1028400/PIN 12-23-26-0001-000-00600)
The Southeast Quarter(SE 1/4)of the Northeast Quarter(NE 1/4)of Section 12,Township 23 South,Range
26 East,Lake County,Florida.
AND
The East thirty feet(E 30')of the Southwest Quarter(SW 1/4)of the Northeast Quarter(NE 1/4)of Section
12,Township 23 South,Range 26 East,Lake County,Florida.
Page 12 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 530 PAGE 39 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1280 PAGE 13 of 16
EXHIBIT B
Legal Description of Preserve Property
(ALT Key 1028418/PIN 12-23-26-0004-000-01000)
The Southeast Quarter(SE 1/4)of Section 12,Township 23 South,Range 26 East,Lake County,Florida,
LESS AND EXCEPT all that portion of that certain plat of Avalon Hills recorded in Plat Book 57,Pages
42,43 and 44,Public Records of Lake County,Florida,and less and except road right-of-way.
Page 13 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 531 PAGE 40 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1281 PAGE 14 of 16
EXHIBIT C
Map of the Property
1 159�9l1 l 1028388
1594008 ! Q
3424913, C�
1 r 342406
1/17881
1020396
Jones East Parcels
1594022
Jonas West Parcel
1023400
. 3847464 J3847486�
39t3399 3925397
_.
3923389� Preserve Property
l i ,
aEj DOW SILM ------.-AVALON•HILLS ----- ..__ 1029418
1 W33791F ( } p
t
38233718
'382337216 i
_ _S..-_ — ,..__.-_.a WE5T,PNIL C 1
t
3T0Q1o7 0 p 3454581,
Page 14 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 532 PAGE 41 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 12B2 PAGE 15 of 16
EXHIBIT D
Screening Cross Section
[see attached one(1)document totaling one(])page]
Page 15 of 16
ORLDOCS 19925070 16
INSTRUMENT# 2026020631 OR BOOK 6685/PAGE 533 PAGE 42 of 42
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1283 PAGE 16 of 16
Exhibit D
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WELLNESS WAY MCKINNON PARCEL • COMMUNITY BUFFERS
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S-
CLERONT
CITY OF CLERMONT
<� ORDINANCE NO.2025-042
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED
TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF
ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED
HEREIN AS SHOWN BELOW; PROVIDING FOR CONFLICT,
SEVERABILITY, ADMINISTRATIVE CORRECTION OF SCRIVENERS
ERROR,RECORDING,PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS,the City Council of Clermont,Florida annexed the property on June 10,2025;
and
WHEREAS,the property currently had an existing, approved Planned Unit Development
(PUD)in Lake County, Ordinance NO. 2021-36; and
WHEREAS, to complete the annexation process with a compatible City Zoning
Designation and Future Land Use Category; this rezoning request is being initiated by City staff;
and
WHEREAS,the City Council of Clermont, Florida,has considered an Amendment to the
official Zoning Map of the City to Rezone the subject property from Lake County Planned Unit
Development(PUD)to City of Clermont Planned Unit Development District(PUD) for a mixed-
use development within the Wellness Way Area Plan boundary; and
WHEREAS,the property is located within the Wellness Way 1 Future Land Use Category
(FLUC) as shown on the City of Clermont Comprehensive Plan Future Land Use Map (FLUM);
and
WHEREAS,the City of Clermont Planning and Zoning Commission did on the 41h day of
November 2025 review the petition for Rezoning; after giving Notice of Hearing on the petition
for a change in the use of land, including notice that the Ordinance would be presented to the City
Council of the City of Clermont, Florida, on the 18t'day of November 2025, and continued until
the 27th day of January 2026; and
WHEREAS,the City Council reviewed the petition,the recommendations of the Planning
and Zoning Commission, and any comments, favorable or unfavorable, from the public and
surrounding property owners at a Public Hearing duly advertised; and
WHEREAS, upon review, certain terms pertaining to the development of the above-
described property have been duly approved.
NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida,
hereby ordains that:
d'
CITY OF CLERMONT
CLER WONT ORDINANCE NO. 2025-042
C hoce of Champrons
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 NO. 1: Alternate Key No. 1028418
THE SOUTHEAST ONE QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, ALL LYING AND BEING IN LAKE COUNTY, FLORIDA, LESS AND
EXCEPT ALL THAT PORTION OF THAT CERTAIN PLAT OF AVALON HILLS
RECORDED IN PLAT BOOK 57, PAGES 42, 43, AND 44, PUBLIC RECORDS OF LAKE
COUNTY, FLORIDA, AND LESS AND EXCEPT ROAD RIGHT-OF-WAY.
OR BK 4810, PG 1926
PARCEL NO. 2: Alternate Key No. 1593182
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 1,TOWNSHIP 23 SOUTH,RANGE
26 EAST; LAKE COUNTY, FLORIDA. LESS THE NORTH 25 FEET FOR RIGHT OF WAY
BY VIRTURE OF THE QUIT-CLAIM DEED RECORDED IN DEED BOOK 345, PAGE 45,
PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 1,TOWNSHIP 23 SOUTH, RANGE
26 EAST, LAKE COUNTY, FLORIDA.
OR BK 3397, PG 1895
PARCEL NO. 3: Alternate Key No. 1028396
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 23 SOUTH,RANGE 26 EAST,LESS THE NORTH 30 FEET THEREOF,PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
OR BK 1639, PG 787
PARCEL NO. 4: Alternate Key No. 1028400
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, AND
THE EAST 30 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA.
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CITY OF CLERMONT
CLER OIV* ORDINANCE NO.2025-042
Chace of Champions
OR BK 5010, PG 1069
PARCEL NO. 5: Alternate Key No. 1594022
THE SW 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY, FLORIDA,
AND: A 30 FOOT WIDE STRIP OF LAND OVER THE NORTH 30 FEET OF THE NORTH
1/2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26
EAST, LYING IN LAKE COUNTY, FLORIDA.
LESS AND EXCEPT: A 30 FOOT WIDE STRIP OF LAND OVER THE EAST 30 FOOT OF
THE SW 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LAKE COUNTY, FLORIDA.
OR BK 2609, PG 1259
PARCEL NO. 6: Alternate Key No. 1594006
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12,TOWNSHIP 23 SOUTH,RANGE 26 EAST,LAKE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 12, THENCE RUN SOUTH 00°36'42" WEST ALONG THE WEST LINE OF SAID
NORTHEAST 1/4 FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89035'26" EAST ALONG A LINE 25.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4 OF A DISTANCE OF 632.12
FEET; THENCE SOUTH 00°34'59" WEST FOR A DISTANCE OF 1221.76 FEET; THENCE
SOUTH 89031'05"EAST ALONG A LINE 75.00 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF
656.27 FEET; THENCE SOUTH 00033'15" WEST ALONG THE EAST LINE OF SAID
NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF 75.00 FEET; THENCE
NORTH 59031'05" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE
NORTHEAST 1/4 FOR A DISTANCE OF 1319.07 FEET; THENCE NORTH 00°36'42" EAST
ALONG THE WEST LINE OF SAID NORTHEAST 1/4 FOR A DISTANCE OF 1295.96 FEET
TO THE POINT OF BEGINNING.
OR BK 2705, PG 1217
PARCEL NO. 7: Alternate Key No. 1593999
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 12,TOWNSHIP 23 SOUTH,RANGE 26 EAST,LAKE COUNTY,FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE RUN SOUTH 89035'26"EAST ALONG THE NORTH LINE OF SAID NORTHEAST
1/4 FOR A DISTANCE OF 1317.76 FEET; THENCE SOUTH 00°33'16" WEST ALONG THE
EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 FOR A DISTANCE OF
d'
CLERWOIT CITY OF CLERMONT
ORDINANCE NO.2025-042
1247.62 FEET; THENCE NORTH 89°31'05" WEST ALONG A LINE 75.00 FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST
1/4 FOR A DISTANCE OF 686.27 FEET; THENCE NORTH 00°34'59" EAST, FOR A
DISTANCE OF 1221.76 FEET; NORTHEAST 1/4 FOR A DISTANCE OF 632.12 FEET;
THENCE 00036'42" EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
OR BK 3397, PG 1895
LOCATION:
Hartwood Marsh Road
Vacant parcels located south of Hartwood Marsh Road
and west of the Lake/Orange County Line
(Alternate Keys 1028418, 1593182, 1028396, 1028400, 1594022,
1594006 and 1593999)
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PROPERTY REZONING
From: Lake County Planned Unit Development(PUD)
To: City of Clermont Planned Unit Development(PUD)
d"
CLERWONT CITY OF CLERMONT
11_o«, ORDINANCE NO.2025-042
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:
1. After establishment of the facilities as provided herein,the property shall only be used for
the purposes named in this Ordinance. Any other proposed use must be specifically
authorized by the City Council.
2. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest. The transfer of ownership or lease of
any or all of the property described in this Ordinance shall be included in the transfer or
lease agreement, a provision that the purchaser or lessee is made good and aware of the
conditions established by this Ordinance and agrees to be bound by these conditions. The
purchaser or lessee may request a change from the existing plans and conditions by
following procedures contained in the LDR, as amended.
3. The Property shall be developed in substantial accordance with Exhibit 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.
4. 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.
5. This Ordinance shall inure to the benefit of and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present Owners and any successors,and shall be subject to each and every condition herein
set out.
6. Construction and operation of the proposed use shall always comply with the regulations
of this and other governmental permitting agencies.
7. 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.
8. 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
S
CITY OF CLERMONT
�5 1 ORDINANCE NO.2025-042
Chorce of Charrplons
Information Technology Director will work with the developer at the time of site plan
review to determine the extent of fiber optic conduit.
9. 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.
10. The City of Clermont Code Enforcement shall have authority to enforce the terms and
conditions set forth in this ordinance and to recommend that the ordinance be revoked.
SECTION 3: PERMITTED USES
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. Residential Uses. The property may be developed with a maximum of 660 dwelling units
to include a mixture of single-family detached and single-family attached(two units in one
structure)dwelling units.
a. Accessory uses to the residential development are permitted and may include
community pool, clubhouse, or recreation areas.
b. Accessory dwelling units developed on residential lots shall not be credited towards
the total number of dwelling units permitted within the development.
C. The residential uses shall be developed at a minimum of three(3)and maximum of
twelve (12)dwelling units per net acre.
d. Single-family detached dwelling units shall have the garages accessed by alley only
on lots less than forty (40) feet wide. This requirement shall not apply to single-
family attached units.
2. Non-Residential Development. A minimum of 48 acres of non-residential development
shall be set aside to be developed with the following uses on the areas shown as job
hub/centers on the Conceptual Plan, Exhibit"A".
a. Commercial: Retail, wholesale, eating and drinking,brewing,processing,packing,
outdoor storage/display,and distribution of products are permitted when associated
with and are incidental to permitted agriculture, agribusiness, plant nurseries, and
Community Center Recreation facilities identified on the Conceptual Plan.
b. Office/Personal Services: Office, when associated with the permitted agriculture,
agri-business, plant nurseries, and Community Center Recreation facilities
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CLERONT CITY OF CLERMONT
ORDINANCE NO.2025-042
identified on the Master Plan.
C. Public/institutional: Parks, civic uses, public safety, fire station, educational
facilities associated with the agricultural uses and recreational uses only, utilities,
and similar uses, but shall not include hospitals, transportation facilities, or K-12
schools.
d. Childcare, family care, outpatient clinic when located within or associated with a
Community Center Recreation facility.
e. Agriculture Uses: Agriculture, agri-business, plant nurseries, and similar uses are
permitted in designated job hub/center areas on the Master Plan.Community Center
Recreation areas are also considered job hub/center areas within this MPUD and
may include a riding stable and/or academy facility and similar uses that support
recreational and wellness activities. Family farming in residential areas may be a
permitted use as allowed by the Land Development Codes.
f. Interim Agriculture Uses.If an area is designated on the Master Plan for Residential
use, Agriculture uses are permitted within those areas until such time as that phase
is developed.
g. Commercial uses such as fast-food including drive-through, gas stations,
automotive,and general retail not permitted by Section 3,item 2,a-f are prohibited.
3. Development shall be limited to each parcel as identified in this chart; provided, however,
that densities may be blended among the McKinnon Groves and Jones properties if
necessary to offset the reduction of lots in the Avalon LLC parcel due to increased buffer
or lot size as specified in Section 3.14.f below or from the increased lot size alternative in
Section 3.14 j below; and further provided that job generation, non-residential square
footage and non-residential set aside acreage may be transferred from the Avalon LLC
property to, and blended among,the McKinnon Grove and Jones properties:
Subject Net Max, Job Non- Non-
Property Acreage Capacity Generation Residential Residential
(DU) SF Set Aside
Acreage
Gross Net Acreage Dwelling Job (Non-
Acreage— X 1.85 Units X generation Residential
Water 1.75 X 450 SF/43,560)
Bodies and SF/employee X 0.25
Wetlands
McKinon 180 332 582 261,800 24
Groves
Jones 98 181 318 142,919 13
Avalon LLC 79 147 (or as 257 115,530 11
s cified in
d'
CLER
CITY OF CLERMONT
ONT ORDINANCE NO. 2025-042
Sec. 3.14 j
below
Totals 357 660 1,156 520,249 48
SECTION 4: DEVELOPMENT CONDITIONS
a. The overall development shall not exceed 60% Impervious Surface Ratio (ISR).
b. A minimum of three(3) housing types shall be provided, generally consistent with
Exhibit "B". Apartments are not permitted. Height of any structure is limited to 35-ft,
unless restricted by 4(d)below.
C. Non-residential uses shall be made accessible by the residential development via a
mixed-use trail or sidewalks.
d. In addition to the foregoing conditions,the property is subject to those certain restrictions
specified in the Declaration of Restrictive Use Covenants Affecting Real Property -- The
McKinnon Groves PUD, a copy of which is recorded at Book 5901, Page 1268 of the
Official Records of Lake County, Florida. SEE ATTACHED EXHIBT C
SECTION 5: DEVELOPMENT STANDARDS& SETBACKS
The development standards are as follows:
a. Single Family Detached Units shall adhere to the following standards:
Front Setback-Local Street 20 feet from property line or right-of-
way, whichever is greater
Setback from an external Collector 50 feet from the right-of-way
Road
Front Porch Setback 12 feet from the property line or right-
of-wav, whichever is greater
Attached, Front Loaded Garage 25 from property line
Setback
Secondary Front Setback 15 feet from property line
Side Setback 5 feet from the property line
Rear Setback 15 feet from the property line
Accessory Structure Setback 5 feet from the property line
(including pools,porches, and screen
enclosures
ISR for Individual Lots 0.80 if the developer demonstrates that
the overall development will not
exceed 0.60
Minimum Lot Width 140 Feet
Maximum Building Height 135 Feet and 2 stories
CLER�"MOIT CITY OF CLERMONT
xF , hamP s ORDINANCE NO. 2025-042
Driveway Setback 5 Feet from the property line
* See reference under Section 4 (d) above—25 feet and single-story.
b. Single Family Attached Units (Duplexes) shall adhere to the following standards:
Front Setback 20 feet from property line or right-of-
way,whichever is greater
Attached, Front Loaded Garage 25 from property line
Setback
Secondary Front Setback 15 feet from property line
Front Porch Setback 12 feet from the property line or right-
of-way, whichever is greater
Side Setback 5 feet from the property line/0 feet
with common wall
Rear Setback 10 feet from the property line
Attached Accessory Structure Setback 5 feet from the property line/0 feet
Pools, Screen Enclosures, Decks from the common wall property line
Detached Accessory Structure Setback 5 feet from all property lines,
including common wall property line
ISR for Individual Lots 0.80 if the developer demonstrates that
the overall development will not
exceed 0.60
Minimum Lot Width 30 Feet
Maximum Building Height * 35 Feet or 2 stories(multi-
generational) *
Driveway Setback 5 Feet from the property line unless
utilizing a shared driveway in
conjunction with an approved lot
grading plan.
* See reference under Section 4 (d)above—25 feet and single-story.
C. Commercial Development shall adhere to the following standards:
Floor Area Ratio (FAR) Minimum: 0.25
Maximum: 0.30
Front Setback 25 feet from the Right-of-Way, internal road or
easement.
Side Setback 5 feet from the property line.
Rear Setback 15 feet from the property line.
S-
CLEOOIT CITY OF CLERMONT
e of „,mom ORDINANCE NO.2025-042
SECTION 6: LANDSCAPING REOUIREMENTS
a. Landscaping and screening shall be in accordance with the Comprehensive Plan
and Land Development Regulations(LDR), as amended.
b. Perimeter Buffers are designated on the PUD Master Plan and may vary in width
based on location; however, minimum widths are as shown on the PUD Master
Plan. Perimeter buffers shall consist of canopy and understory trees and plants
utilizing 100% Florida native plant materials in conformance with Chapter 123 -
Vegetation. Exotic/invasive species shall be removed. Existing vegetation located
along the perimeter of the PUD may be used to count towards the minimum
perimeter landscaping requirement.
C. The perimeter buffer designated on the PUD Master Plan landscaping shall be a
heavily vegetated visual buffer of canopy and understory plants. Permeable storm
water areas when enhanced as amenities using native vegetation are permitted
within the buffer. Within the perimeter buffer a meandering community trail with
a natural surface suitable for walking,running,horseback riding,and bicycling may
be located and maintained. The perimeter buffer and trail area shall include canopy
and understory plants to enhance the visual buffering while providing a comfortable
and safe environment for recreational users of the trail, and adjoining properties
within the MPUD.Motor vehicles are prohibited within the perimeter buffer except
for planting and maintenance of vegetation, removal of exotic/invasive species,
construction, maintenance, and for fire and safety operations.
d. Residents within the MPUD adjoining any trail may access the trail directly through
a private gate within the resident's fence.
e. During the review of the development application for Preliminary Plat and
landscape plan approval, the existing vegetation will be evaluated to determine
consistency with the perimeter landscape requirements in accordance with the Land
Development Regulations, as amended.
f. Existing trees located within the 200' wide landscape buffer along the western,
southern and eastern perimeters of AK 1028418 will not be removed, except for
dead, exotic/ invasive, or diseased trees, or as needed for grading purposes;
provided, however, that the proposed retention pond along the southern boundary
may encroach into the landscaped buffer area,but vegetation must be re-established
after construction of the pond. Removal of existing trees for grading purposes may
only occur within the most interior 75' of the 200' wide landscape buffer,provided
however, that post grading vegetation must be re-established within the portion of
the buffer.
g. Existing citrus trees located within the 150' buffer along the southern perimeter of
AK 1594022 will not be removed, except for dead, exotic/ invasive, or diseased
6"
CI.ERONT CITY OF CLERMONT
ORDINANCE NO.2025-042
trees, or as necessary to re-establish producing trees. Dead, exotic/ invasive, or
diseased trees may be replaced with citrus trees or Florida native landscaping.
h. Existing trees located within the 150' wide landscaped buffer along the eastern
perimeter of AK 1593999 will not be removed, except for dead, exotic/ Invasive,
or diseased trees.
i. Existing citrus trees located within the 150' buffer along the eastern perimeter of
AK 1593182 will not be removed, except for dead, exotic/ invasive, or diseased
trees, or as necessary to re-establish producing trees. Dead, exotic/ invasive, or
diseased trees may be replaced with citrus trees or Florida native landscaping.
j. In lieu of the 200' landscaped buffer along the western, southern, and eastern
perimeter of AK 1028418, at the developer's option so long as the Wellness Way
minimum density calculations for the entire project can be met, this parcel may be
developed with a gross density of one unit per acre with a minimum 50' landscaped
buffer along the western, southern, and eastern perimeter of the parcel.
k. Existing trees within the landscape buffers that are removed as a result of disease
or death shall be replaced in accordance with best forestry management practices
as shall be established as part of the management plan as specified in(Section). The
replacement of existing trees removed under this provision must be designed to
screen adjacent properties by using a combination of calipers. Seedlings alone are
not permissible.
1. Drought tolerant, native trees, and drought tolerant, native vegetation shall be
utilized for all street trees, landscape buffers, and stormwater retention/detention
areas.
M. Best Management Practices for native landscaping and "right plant-right place"
landscaping techniques shall be utilized in the design and installation of invasive
exotic plant species in all landscape plantings is prohibited.
n. Smart Irrigation Best Management Practices shall be utilized for all landscape
irrigation and shall incorporate soil moisture and rain sensors into the irrigation
design.
SECTION 7: OPEN SPACE
a. Open Space will include 20%of net buildable acres as Wellness Space and 10%of
net buildable acres as Green Space as provided below.
i. Wellness Space. Wellness Space Includes land area open to public and
private access including gathering places, such as parks, pedestrian and
bicycle/pedestrian ways or trails, recreation fields and grounds, piazzas,
plazas and urban squares, and permeable storm water areas if enhanced
S-
CITY OF CLERMONT
�LER ONT ORDINANCE NO.2025-042
Chorce of Champons
amenities using native vegetation area. The provision of Wellness Space
shall be provided as aggregate of the total MPUD not on an individual
neighborhood or development tract basis. Wellness Space is limited 10%
impervious surface ratio.
ii. Green Space. Green Space includes areas designated for such purposed as
flood control, water management, or restoration of vegetative communities
and wildlife habitat, conservation, passive recreation, and maintenance
buffers from adjacent rural residential areas. Green Space should be
maintained in such a way to encourage the proliferation of native flora and
fauna and use of the community trail network. Walking,running,bicycling,
horseback riding, flora and fauna observation, and Trail
construction/maintenance and similar activities are permitted on the
community trail network within the Green Space areas. Motorized vehicles
are not permitted except for construction, maintenance, or emergency use
on the community trail network and maintenance of the community buffer.
Green Space also includes permeable storm water areas if enhanced
amenities using native vegetation area. The provision of Green Space shall
be provided as aggregate of the total MPUD not on an individual
neighborhood or development tract basis.
iii. A Management Plan for Open Space including buffers and trail areas shall
be required. At a minimum, the Management Plan shall present goals and
actions to enhance and restore Open Space areas to native Florida habitats
such as Sandhill or Scrub or as determined by a qualified biologist with
experience in restoration and management plans. The Management Plan
shall include steps to prevent the influx of nuisance/exotic vegetative
species. Additionally, the Management Plan shall include the use of kiosks
and educational brochures provided to homeowners utilized to educate and
inform homeowners and visitors about the benefits of open space and
conservation practices. The Management Plan will be provided to the City
Manager or designee for review and approval and will be incorporated
herein by reference as a material part of this MPUD.
iv. Maintenance of the open space areas and trails must be conducted by a
business or entity with experience in management of natural areas and trails.
SECTION 8: RECREATION AND WELLNESS CORRIDOR
a. The property shall be developed with a Wellness Corridor to connect communities, the
Town Center, Job Hubs, neighborhoods and destinations together in a series of integrated
trail and pedestrian facilities.
b. The Wellness Corridor shall include the Trunk and Neighborhood Trails depicted in Figure
3.4 titled 'Wellness Ridgeway Network Framework Map' within the Wellness Way
Community Design Guidelines and Standards.
CITY OF CLERMONT
CLER ONT ORDINANCE NO. 2025-042
i. Trunk Trail
1. The Trunk Trail shall be generally located along the northern property
boundary.
2. Trunk Trails are the main system of trails located within the right of way of
the Primary Roadway Network and Neighborhood Connectors. They must
be at least 14' wide and separated from the adjacent roadway by at least 8'.
ii. Neighborhood Trails
1. The Neighborhood shall be generally located along the northwestern
property line, through the utility easement, and along the southeastern
boundary of the PUD.
2. Neighborhood Trails are a finer-grain system of trails connecting to Trunk
Trails that are intended to connect destinations within neighborhoods and
centers to parks and other places of activity. Neighborhood Trails must be
at least 12' wide. They may be located within street right-of-way or within
park or open space tracts. If located adjacent to a street,these trails must be
separated from the back of curb(or edge of travel lane if no curb)by at least
8'.
C. The Wellness Corridor may include the following elements:
i. Community farms and gardens;
ii. Wetlands, Water Bodies, and Preserved uplands;
iii. Trails, pedestrian ways and bikeways;
iv. Viewsheds, scenic, cultural, and environmental resources;
V. Wellness Corridors/open space;
vi. Parks/recreation facilities for active and passive use; and/or
vii. Stormwater management facilities.
d. The development shall provide a safe and continuous bicycle network. Each phase of
development shall demonstrate compliance with this provision on the Construction plan
submittal and will need to be completed with the infrastructure.
e. Bicycle networks shall connect residential neighborhoods with the Town Center,Job Hubs,
neighborhoods and parks and schools and may include:
S_
CITY OF CLERMONT
�LER ONT ORDINANCE NO.2025-042
Chace of�hamMons
i. Shared lane markings;
ii. Designated bike lanes;
iii. Separated bike facilities or "cycle tracks"; and/or.
iv. Multi-use paths and trails.
f. The Wellness Corridor,trail, and bicycle network shall be accessible to the public.
SECTION 9: DESIGN GUIDELINES
Residential and Non-residential development shall be generally consistent with the Wellness Way
Community Design Guidelines and Standards, prepared by Levy Consultants and dated
September 21, 2020, as amended. Should there be a conflict between the Wellness Way
Community Design Guidelines and Standards and this Ordinance, this Ordinance shall take
precedence.
SECTION 10: TRANSPORTATION
a. All access management shall be in accordance with the Comprehensive Plan and the Land
Development Regulations, as amended.
b. The development shall incorporate a traffic management plan which will include traffic
calming throughout the development.
C. Additional right-of-way for Hartwood Marsh Road shall be required in accordance with
the Land Development Regulations,as amended. Hartwood Marsh Road may be realigned
along the development's northern boundary in a manner consistent with the Master Plan
attached as Exhibit"A".
d. Paved shoulder shall be required to be added to Hartwood Marsh Road that will need to
begin at the end of the existing paved shoulder in front of Lakeview Preserve and extend
to the county line with Orange County. The existing road that is not part of the realignment
area will be required to be resurfaced as directed by the Lake County Department of Public
Works.
e. There shall be no road or public access connection to the West Phil C. Peters Road, Terra
Vista Court, Spyglass Hill Road, Dangler Road, Seidner Road, Sandhill Road, Caamano
Lane, and Lookout Hill Road, except as provided in Section 11 of this Ordinance.
However, an emergency vehicle access through AK 1028418 to West Phil C. Peters Road
is required.
f. Sidewalks and Trails will be required in accordance with the Land Development
Regulations and the Wellness Way Design Standards, as amended. Should there be a
conflict between those standards and this Ordinance,this Ordinance shall take precedence.
CLE CITY OF CLERMONT
��,� ORDINANCE NO.2025-042
g. The development will be required to design, and construct the South Lake - Citrus Ridge
Trail from the developments western corner with Hartwood Marsh to the county line with
Orange County.
h. Unless otherwise approved herein, the development will need to meet the FDOT Florida
Greenbook, County, City, and the Wellness Way Design Standards, as amended.
i. Future road maintenance will be funded through the use of a municipal service taxing unit
(MSTU) or municipal service benefit unit (MSBU) as authorized under section
125.01(1)(q),Florida Statues.Before or concurrent with any final plat or site plan approval,
the Owner shall provide any documentation required by Lake County to impose an MSTU
or MSBU,at Lake County's discretion,on the platted or commercial lots.Additionally,the
Owner acknowledges and agrees that the MSTU or MSBU shall be collected as a non-ad
valorem assessment using the uniform method of collection set forth under Section
197.3632, Florida Statutes.
SECTION 11: ACCESS
The primary Access for this MPUD for all residential uses shall be Hartwood Marsh Road. The
property is to be developed with no road or public access connection to West Phil C. Peters Road,
Terra Vista Court, Spyglass Hill Road, Dangler Road, Seidner Road, Sandhill Road, Caamano
Lane, and Lookout Hill Road; provided, however, an emergency vehicle access will be provided
through AK 1028418 to West Phil C. Peters Road. Lookout Hill Road access shall be solely for
the purpose of access for the business located in Tract JB-2.The power transmission line easement
rights of access shall not be affected by or subject to the access limitations set forth in this PUD.
SECTION 12: CONNECTIVITY
Connectivity, the intersection density shall have a minimum of 80 intersections per square mile
inclusive of community trails, bicycle/pedestrian paths/sidewalk crossings, and streets.
SECTION 13: ENVIRONMENTAL
a. An environmental survey shall be conducted in accordance with the LDR,as amended,to
address natural vegetative communities, wildlife corridors, and designated species prior
to submittal of any development application.
b. The developer or property owner shall provide written notification to property owners,
within a distance as designated by the local authority having jurisdiction,and the local fire
authority prior to any prescribed burning or land-clearing activities involving open flame
or combustion. All burns must comply with applicable state and local fire codes and air
quality regulations.
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CITY OF CLERMONT
�I.ER ON, ORDINANCE NO. 2025-042
SECTION 14: STORMWATER AND FLOODPLAIN MANAGEMENT
a. The stormwater management system shall be designed in accordance with all applicable
City of Clermont and St. Johns River Water Management District (SJRWMD)
requirements, as amended.
b. The developer shall be responsible for any flood studies required for developing the site
and comply with FEMA, Comprehensive Plan and Land Development Regulations, as
amended. Any development within the floodplain as identified on the FEMA maps will
required compensating storage.
SECTION 15: SIGNAGE
All signs shall be consistent with the City's sign code. as amended.
SECTION 16: LIGHTING
a. All development will adhere to Dark Sky Principles.In situations where Lighting Standards
conflict with Dark Sky Principles, Dark Sky Principles shall have precedence.
b. All street lighting must meet FDOT street lighting standards, dark sky, warm white glow
correlated color temperature(CCT)not to exceed 3000k.
C. All streetlighting shall be owned and maintained by the CDD or HOA.
d. No street lighting or pole mounted lighting is permitted within the perimeter buffer areas
or open space areas;provided,however bollard lighting is allowed. Street lighting and pole
mounted lighting within the open space will only be permitted when necessary for safety
purposes.
SECTION 17: PUBLIC SAFETY
Public Safety, In order to mitigate public safety response times to this development and
surrounding properties, a minimum of three (3) acres will be donated to the City of Clermont in a
location mutually agreed on by the City and the Owners along on in close proximity to Hartwood
Marsh Road to be used as a public safety facility including but not limited to for the purpose of
providing fire an emergency medical services; provided, however, if the City has not constructed
a public safety facility on the donated property within ten(10)years from the effective date of this
Ordinance,then the City shall convey the property back to McKinnon Groves. The Owners hereby
acknowledge and agree that such dedication satisfies the requirements established under City,and
other applicable state and federal law.
SECTION 18: SPECIAL EVENTS
S_
CLERWONT CITY OF CLERMONT
L e o11. ORDINANCE NO. 2025-042
Special events, including community events, are intended to promote inviting, vibrant, creative,
and entertaining community gatherings within the Property. Community/Special Events such as,
but not limited to,arts and craft festivals, community walks/running events, charity events,music
fests, food and wine festivals, movies in the park, dog days, car shows and sponsorship events,
yoga in the park, weddings, special food truck events, farmers markets, and similar events. These
uses are permitted on common areas,Job Hub Tracts, and trails, as appropriate.
a. No single event shall be more than three (3) consecutive days without City Manager or
designee approval.
b. Special events are permitted to operate between 6:00 am and 12:00 midnight (including
setup and takedown)on a year-round basis; except that three(3)special events per year are
permitted to operate between 6:00 am and 1:30 am(including setup and takedown).
C. Outdoor music, loudspeakers, etc. are permitted at special events between 10:00 am and
7:00 pm Sundays - Thursdays, and until 11:00 pm on Fridays and Saturdays.
d. Special events shall be permitted for an unlimited number of events.
e. Special events shall obtain a special event permit from the City of Clermont Fire
Department, Fire Prevention Division, as described in article IV of the LDR, as amended.
SECTION 19: CONCURRENCY MANAGEMENT REVIEW AND IMPACT FEES
Concurrency shall be met prior to the issuance of any development order,consistent with the LDR,
as amended.
SECTION 20: DENSITY CHANGES
When reasonably practicable, density changes in neighborhoods shall occur at mid-block
locations, rather than along streets, so that buildings faceting each other are compatible and
transitions between uses are gradual. Portions of neighborhoods that are proposed to be developed
with the highest of densities should generally be located closest to a center or a neighborhood park,
square,or green.
SECTION 21: GATED COMMUNITY
The development may be gated in its entirety or in part. Roads and throughfares located within
any gated portion of the development shall be a private road as defined in the City's Land
Development Regulations, as amended. However, access shall be provided between all areas
within the MPUD via network of interconnected sidewalks, and trails to encourage pedestrian,
bicycle, and recreational use.
SECTION 22: COMMUNITY DEVELOPMENT DISTRICT
Nothing precludes consideration for the establishment of a community development district upon
d'
CITY OF CLERMONT
�LER ONT ORDINANCE NO.2025-042
Choke of Champions
receipt of a petition and compliance with the public hearing process and requirements in
accordance with Chapter 190, Florida Statues. Further, any of the requirements hereunder may be
financed by a community development district, pursuant to Section 190.012(1)(g), (h), Florida
Statutes. [Condition Completed]
SECTION 23: BUILDOUT DATE
Buildout of the development shall be no later than 2040.
SECTION 24: DEVELOPMENT REVIEW AND APPROVAL
a. Prior to the issuance of any permits, the Owners will be required to submit a preliminary
plat, construction plans, and final plat generally consistent with Exhibit"A"—Conceptual
Plan and/or site plan for review and approval in accordance with the Comprehensive Plan
and Land Development Regulations, as amended. [Condition Completed]
b. In the review of development plans, if it is determined by the review staff that a
development standard has not been included in this Ordinance, or there is ambiguity in a
PUD standard, the applicant shall request an interpretation of the development standard
from the City Manager or his designee. The interpretation may take two forms: an agreed
upon standard by the City Manager or designee,or a referral to the most applicable section
of the then current code. The interpretation shall be binding on the applicant. If the
applicant does not agree with the interpretation, the applicant may appeal the decision to
the City Council.
C. Physical development shall commence within three (3) years from the date of this
Ordinance approval. Failure to commence construction within three (3) years of approval
shall cause the revocation of this ordinance, in accordance with the Comprehensive Plan
or superseding documents amended. Prior to expiration of the three-year lime frame, the
City Council may grant, via a Public Hearing, one (1) extension of the time frame for a
maximum of two(2)years upon a showing that reasonable efforts have been made towards
securing the required approvals and commencement of work. [Condition Completed]
d. The specific references in this Ordinance to the Florida Statutes, Florida Administrative
Code, City of Clermont Comprehensive Plan, and the LDR shall include any future
amendments to the Statutes, Code, Plans, and/or Regulations.
SECTION 25: PUBLIC SERVICES
a. The Developer shall connect to the existing City potable water and sanitary sewer systems
at connection point or points approved by the City.
b. The route of any off-site lines shall be according to engineering plans produced by the
developer and approved by the City.
S,�
CLERI-IOIT CITY OF CLERMONT
Deaf „,mPa ORDINANCE NO.2025-042
C. 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.
d. 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.
e. 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.
f. 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.
g. The City may require a looped system to provide reliability and redundancy to the property.
h. The project shall be plumbed with purple piping to irrigate all uses.
i. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
j. 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.
k. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate
standard 10 feet building separation.
1. Lift station access shall meet all City criteria.
M. Bulkheads, walls, or non-turf vegetation slope stabilization may be used for stormwater
retention side slopes.
n. 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
S_
CLERONT CITY OF CLERMONT
ORDINANCE NO.2025-042
into an impact fee agreement which shall provide for the establishment of credits and
payment of impact fees in a specified manner and time.
o. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
P. 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.
q. 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.
r. 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.
S. The proposed development shall connect to central water and sewer from the City of
Clermont. A copy of the utility service agreement shall be provided to Lake County.
[Condition Completed]
t. Reclaimed Water shall be used for landscape irrigation, if available.
U. All roadways, including arterials, collector and local streets, shall provide conduit to
deliver fiber to each household and business.
V. Irrigated landscaping shall comply with Florida Water Star SM Program.
SECTION 26: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 27: 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.
CLERWOIT CITY OF CLERMONT
, eOf ORDINANCE NO.2025-042
SECTION 28: ADMINISTRATIVE CORRECTION
This Ordinance may be re-numbered or re-lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION 29: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 30: 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.
S
CLER NT CITY OF CLERMONT
ORDINANCE NO. 2025-042
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 10`h day of February 2026.
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CITY OF CLERMONT
Tim Murry, Ma or
ATTEf
Tracy Ackroyd owe, MMC
City Clerk
Approved as to form and legality:
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ChWsJaA AliWaugh, Cif Attorney
CITY OF CLERMONT
�I.ER ONT ORDINANCE NO.2025-042
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s-
CEERWONT CITY OF CLERMONT
� s ORDINANCE NO. 2025-042
EXHIBIT B—RESIDENTIAL DESIGN EXAMPLES (page 2 of 2)
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CLERONT
CITY OF CLERMONT
, ORDINANCE NO. 2025-042
EXHIBIT C
DECLARATION OF RESTRICT USE COVENANTS AFFECTING REAL
PROPERTY-THE MCKINNON GROVES PUD
INSTRUMENT#: 2022024824 OR BK 5901 PG 1268 PAGES: 16 2/23/2022 10:02 :38 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $137 .50
After recording,return to:
Shutts&Bowen UT
Attn:Daniel T.O'Keefe,Esq.
300 S.Orange Ave.
Suite 1600
Orlando,FL 32801
Alternate Key Numbers:
1594022;1028396;
1028400;1028418
-----------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA]----------------------
DECLARATION OF RESTRICTIVE USE COVENANTS
AFFECTING REAL PROPERTY—THE MCKINNON GROVES PUD
THIS DECLARATION OF RESTRICTIVE USE COVENANTS AFFECTING REAL
PROPERTY - THE MCKINNON GROVES PUD ("Declaration") is made as of the � day of
February 2022,by DAYNE ALLEN JONES and LISA A.JONES,husband and wife,having an address
of 18010 Lookout Hill Road, Winter Garden, Florida 34787 ("Jones") and THE PRESERVE AT
AVALON,LLC,a Florida limited liability company, having an address of 7575 Dr.Phillips Blvd.,Suite
245, Orlando, Florida 32819 ("Preserve") (collectively, the "Declarant" and each individually a
"Developer"),for the benefit of FOX MEADOW HOMEOWNERS ASSOCIATION,INC.,a Florida
not-for-profit corporation, whose address is 10021 Fox Meadow Trail, Winter Garden, Florida 34787
("Fox Meadow").
RECITALS
A. The Declarant is collectively the owner of certain real property located in southeast Lake
County, Florida, which real property is a portion of the lands subject to the McKinnon Groves PUD
Ordinance 2021-36 that the Lake County Board of County Commissioners approved at its meeting on
September 28,2021 ("McKinnon Groves PUD").Jones is the owner of:(i)those lands more particularly
described in Exhibit"A-1"attached hereto and incorporated herein by reference("Jones West Parcel");
and(ii)those lands more particularly described in Exhibit"A-2"attached hereto and incorporated herein
by reference("Jones East Parcels"). The Jones West Parcel and the Jones East Parcels are,collectively,
the "Jones Property". Preserve is the owner of those lands more particularly described in Exhibit"B"
attached hereto and incorporated herein by reference("Preserve Property"). A map showing the Jones
West Parcel, the Jones East Parcels, and the Preserve Property(collectively,the"Property") is attached
hereto as Exhibit"C".
B. The Declarant desires to impose certain restrictions upon the Property for the benefit of
Fox Meadow with respect to the development of the portion of the McKinnon Groves PUD located upon
the Property,as provided herein.
NOW, THEREFORE, in consideration of the premises and as fee simple title holder of the
Property,the Declarant hereby declares,establishes and states that all of the Property can only henceforth
be developed,held,sold,used and conveyed subject to the restrictions set forth herein.
1. Recitals, The foregoing recitals are true and correct and are incorporated herein by
reference.
Page 1 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1269 PAGE 2 of 16
2. Use Restrictions.The Declarant hereby declares that,for the benefit of Fox Meadow,the
Property shall be subject to and developed in accordance with the following restrictions:
a. Apartments/Rental Period. No apartments are permitted on the Property; provided, for
avoidance of doubt, the limitations of this sentence do not apply to accessory dwelling
units,as allowed by the McKinnon Groves PUD,which accessory dwelling units shall not
be considered apartments for purposes of this limitation.Additionally,short term rentals,
defined as less than a twelve(12)month rental term,and bed and breakfast homes are not
permitted within the Property.
b. Building Height. Single-family homes within the Property,whether detached or attached,
shall be single-story and shall be limited to a maximum building height of twenty-five(25)
feet.Additionally,any non-residential buildings within the Property shall be limited to a
maximum building height of thirty-five(35)feet.
C. Trail Alignment.To reduce visibility from surrounding properties and to mitigate potential
noise impacts from the Property's community trail system,any community trails required
by the McKinnon Groves PUD and located within the Preserve Property or along the
southern boundary of the Jones West Parcel shall be located a minimum of sixty(60)feet
from the exterior property line of such Preserve Property and from the southern property
line of the Jones West Parcel,except at a trailhead connection point(where the minimum
setback requirement shall be zero(0)feet).
d. Limitation of Access Roads to PUD. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of,the terms and conditions in Section 1,Subsection H.5 of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property, and/or the terms and conditions in Section 1, Subsection I of the
McKinnon Groves PUD,which are incorporated as material terms herein by reference,as
such terms and conditions apply to the Property. The emergency vehicle access through
the Preserve Property to West Phil C. Peters Road per Section 1, Subsection H.5 and
Section 1, Subsection I of the McKinnon Groves PUD shall be designed and located in a
manner to minimize, to the extent reasonably possible given the topography of the
Property, natural resources within the Property to be preserved, and governmental
requirements, impacts to the perimeter buffer area along the southern boundary of the
Preserve Property and to reduce,to the extent reasonably possible given the topography
of the Property, natural resources within the Property to be preserved, and governmental
requirements, direct visibility of development on the Property from West Phil C. Peters
Road.Further,such access shall be for emergency use only and may not be utilized,either
presently or in the future,to provide non-emergency vehicular access for residents,guests,
customers,or any other visitors or invitees to the McKinnon Groves PUD. Construction-
related vehicles shall not use West Phil C. Peters Road to access the Property;provided,
however,that vehicles and equipment associated with the enhancement,restoration,and/or
maintenance of buffer areas shall not be deemed to be"construction-related vehicles"for
purposes of this limitation.
e. Landscapinp/Buffer Requirements. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of, the terms and conditions in Section 1, Subsection D, of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property.As provided,by Section 1,Subsection D.6 of the McKinnon Groves
Page 2 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1270 PAGE 3 of 16
PUD, as to the Preserve Property, "... the proposed retention pond along the southern
boundary[of the Preserve Property]may encroach into the landscaped buffer area, but
vegetation must be re-established a)?er construction of the pond.Removal of existing trees
for grading purposes [upon the Preserve Property] may only occur within the most
interior 75'of the 200'wide landscape buffer[upon the Preserve Property],provided,
however, that post-grading vegetation must be re-established within the portion of the
buffer." Further, without Fox Meadow's prior written consent,the Developers shall not
seek to amend or waive, nor consent to any amendment or waiving of, the terms and
conditions in Section 1, Subsection E.l.c, of the McKinnon Groves PUD, which are
incorporated as material terms herein by reference,as such terms and conditions apply to
the Property.
f. Additional Screening Requirements. In addition to the foregoing provisions of Paragraph
2.e of this Declaration,Developers agree that the southern interior perimeter of the Jones
West Parcel,the southwest corner of the interior perimeter of the Jones East Parcel, and
the western, southern, and eastern interior perimeters of the Preserve Property shall be
developed consistent with that certain Landscaping/Screening Cross Section and Detail
set forth in Exhibit "D" attached hereto and incorporated herein by reference (the
"Screening Cross Section"). As used in the foregoing sentence, "interior perimeter"
means and refers to an area within the buffer areas depicted in the Concept Plan attached
as Exhibit"B"of the McKinnon Groves PUD,along the boundaries between such buffer
areas and the portion of the Property to be developed (i.e., not along the boundaries
between such buffer areas and lands outside of the McKinnon Groves PUD). For
descriptive purposes only,and without in any way affecting the interpretation or content
of the Screening Cross Section,the,Screening Cross Section reflects the enhancement of
the buffer areas along those perimeters described above with the following elements:(i)a
perimeter wall system of six(6)feet in height that allows climbing vines to be established;
and(ii)an irrigated zone to the outside of the wall system that allows for certain varieties
of trees, shrubs, and other landscape material to be planted and maintained to advance
screening opportunities.
g. Non-Residential Development,Maximum Density. Without Fox Meadow's prior written
consent,the Developers shall not seek to amend or waive,nor consent to any amendment
or waiving of, the terms and conditions in Section 1, Subsection A.2 of the McKinnon
Groves PUD,which are incorporated as material terms herein by reference,as such terms
and conditions apply to the Property. Further, without Fox Meadow's prior written
consent,the Developers shall not seek to amend or waive,nor consent to any amendment
or waiving of, the terms and conditions in Section 1, Subsection A.3 of the McKinnon
Groves PUD, as such terms and conditions apply to the Property. In addition,no higher
educational facility of any kind shall be located on the Property;provided,however,that
agricultural-related educational uses such as OF/IFAS, or educational recreational uses
such as riding stables,shall be permissible.
h. Primary Amenity Location. The tract containing the primary amenity/recreational
facility(ies)serving the Property shall be relocated from the southwest corner of the Jones
West Parcel to another location within the Property(or elsewhere within the McKinnon
Groves PUD)such that the closest portion of the relocated tract(s)containing such primary
amenity/recreational facility(ies)serving the Property shall be no fewer than one thousand
feet(1,000')from the southwest corner of the Jones West Parcel("Amenity Relocation").
For avoidance of doubt, the existing location of the tract containing the primary
amenity/recreational facility(ies) serving the Property is located in the southwest corner
Page 3 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1271 PAGE 4 of 16
of the Jones West Parcel, south of stormwater Tract SW-IS (as depicted in the Concept
Plan attached as Exhibit"B"of the McKinnon Groves PUD)and west of stormwater Tract
SW-16(as depicted in the Concept Plan attached as Exhibit"B"of the McKinnon Groves
PUD), such tract being labeled as Tract JB-REC CENTER 3 in the McKinnon Groves
Land Use Plan filed with the Lake County Planning Department(though not labeled in the
Concept Plan attached as Exhibit "B" of the McKinnon Groves PUD). In addition, no
outdoor amplification of sound, including, but not limited to live or recorded music,
announcers, or other amplified sounds, excluding any emergency/life-safety equipment
(e.g., fire alarms and security systems) or except as may be required by applicable
governmental laws, codes, rules, regulations or requirements, shall be permitted on the
relocated amenity/recreational tract between the hours of 10:00 p.m.and 8:00 a.m.daily.
i. Outdoor Likhtina, Cellular Towers. Without Fox Meadow's prior written consent, the
Developers shall not seek to amend or waive,nor consent to any amendment or waiving
of,the terms and conditions in Section 1, Subsection N,of the McKinnon Groves PUD,
which are incorporated as material terms herein by reference,as such terms and conditions
apply to the Property.Additionally,no cellular towers shall be permitted on the Property,
except for antennas that may be co-located on electrical/power transmission or distribution
structures on the Property. For avoidance of doubt, small cell wireless facilities may be
installed on the Property provided such structures do not exceed the maximum heights for
buildings provided in this Declaration or, consistent with the preceding sentence, such
facilities are co-located on electrical/power transmission or distribution structures on the
Property.
3. Covenants to Run with the Land:Binding Effect.The covenants, agreements, conditions
and restrictions contained herein shall run with the Property and be appurtenant thereto, and shall be
binding upon and shall inure to the benefit of the parties hereto,their respective successors in title/interest
to all or any portion of the Property,and Fox Meadow;provided,however,that at such time as a Developer,
or a Developer's successors in title/interest, no longer owns any portion of the Property, such entity or
person shall thereupon be released and discharged from any and all obligations arising under this
Declaration to be performed or arising after such time, but shall remain liable for all obligations arising
under this Declaration prior to such time.
4. Duration.This Declaration shall be effective for a term of thirty(30)years after the date
it is first recorded in the Official Records of Lake County,Florida.
5. Reaffirmation of Restrictions. Until this Declaration is duly terminated, any entity or
person acquiring title or any other interest in or to any portion of the Property shall be deemed conclusively
and automatically to reconvey,ratify,confirm and reaffirm each and every grant of obligation,tern and
provision set forth herein affecting that portion of the Property as a prerequisite to acquiring said title or
other interest.Said reconveyance,ratification,confirmation and reaffirmation shall occur automatically by
virtue of acquisition of title or any other interest, in or to any of said premises and need not be set forth
expressly or separately in any other instrument. The covenants and restrictions contained in this
Declaration shall be binding upon and effective against the owner of any portion of the Property whose
title is acquired by foreclosure,trustee's sale,or otherwise.
6. No Termination upon Default. It is expressly agreed between the parties hereto that no
breach of this Declaration shall entitle any Developer to cancel, rescind or otherwise terminate this
Declaration, but such limitation shall not affect in any manner any other rights or remedies which such
Developer may have hereunder by reason of any breach of this Declaration.
Page 4 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1272 PAGE 5 of 16
7. Default:Notice to Cure. In the event of a breach or violation of any of the covenants and
restrictions contained in this Declaration,the non-breaching party shall give the breaching party written
notice specifying in reasonable detail the nature of the breach or violation.Thereafter,the breaching party
shall have thirty (30) days from the date the written notice is given to cure such breach or violation;
provided,however,that if such breach or violation is of a nature that it cannot reasonably be cured within
thirty(30)days,then the breaching party shall have thirty(30)days from the receipt of written notice from
the non-breaching party to commence said required cure,and the amount of time reasonably necessary to
complete said required cure.If the breaching party cures the breach or violation within the applicable cure
period, it shall not incur any liability to the other party for such breach or violation. Each party shall
reasonably cooperate with any and all attempts by the other to cure any breach or violation within the cure
period. If the breaching party fails to timely cure the breach or violation, the non-breaching party may
exercise its enforcement rights under Paragraph 8 of this Declaration.
8. Enforcement/Attorneys'Fees.In the event of a dispute or breach of any provision herein,
then,as each parry's sole and exclusive remedies,this Declaration may be enforced by any Developer or
Fox Meadow by an action for declaratory and injunctive relief or specific performance. Each Developer
and Fox Meadow hereby waive all other remedies, including without limitation any claim for monetary
damages;the parties acknowledge and agree that the Declarant was materially induced to enter into this
Declaration in reliance upon Fox Meadow's agreement to limit remedies as provided herein,and that the
Declarant would not have entered into this Declaration but for Fox Meadow's agreement to limit remedies
as provided herein.In the event of any action in court to interpret or enforce this Declaration,any provision
hereof,or any matter arising herefrom,the prevailing party(ies)in such court action shall be paid by the
non-prevailing party(ies)the reasonable attorneys'fees and costs incurred in enforcing its(their)rights and
remedies, whether incurred at the trial or appellate levels, including any fees and costs incurred in
determining the amount of awardable fees.
9. Assignment. Notwithstanding anything to the contrary contained herein, neither a
Developer nor Fox Meadow may assign any of its rights or delegate any of its obligations hereunder
without the prior written consent of all other parties.
10. Governinl?Law; Venue. This Declaration shall be construed, interpreted, enforced, and
governed in accordance with the laws of the State of Florida. Venue for any action arising out of this
Declaration shall be in Lake County,Florida.
11. Entire Agreement:Amendments.This Declaration represents the entire understanding and
commitment from Declarant to Fox Meadow with respect to the subject matter hereof.No representations
have been made, either express or implied by Declarant, other than those expressly set forth in this
Declaration. This Declaration or any part hereof may not be changed, amended, waived, discharged, or
terminated except by an instrument in writing,executed by all parties,and recorded in the Official Records
of Lake County, Florida; provided,however,that for any portion of the Property that has been included
within a homeowners' association governed by Chapter 720, Florida Statutes, (or comparable successor
provisions of Florida law) such homeowners' association may execute any such instrument changing,
amending, waiving, discharging, or terminating this Declaration on behalf of all lands subject to such
homeowners'association,and the execution and consent of the individual owners of the lands within such
homeowners'association shall not be required.
12. Amendments to The McKinnon Groves PUD. Except as otherwise expressly set forth in
Paragraphs 2.d,2.e,2.g,and 2J,nothing herein is intended,nor shall be construed,as establishing in favor
of any party, including,but not limited to Fox Meadow, any right to approve future amendments to the
McKinnon Groves PUD.
Page 5 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1273 PAGE 6 of 16
13. Effect of Declaration Prior to Development.Notwithstanding anything in this Declaration
to the contrary,no portion of the Property that has not yet begun to be physically developed pursuant to
the McKinnon Groves PUD shall be subject to the terms and conditions of this Declaration. It is the
intention of the parties that nothing in this Declaration shall obligate any Developer to develop all or any
portion of the Property, rather, once a portion of the Property has begun to be physically developed
pursuant to the McKinnon Groves PUD, then this Declaration provides restrictions governing such
development. Without limiting the foregoing, and for illustrative purposes, nothing in this Declaration
prohibits or restricts in any way any changes in the condition of all or any portion of the Property,or the
construction,operation,and maintenance of new buildings, structures,or other improvements, upon any
portion of the Property, which changes and/or improvements are not pursuant to the McKinnon Groves
PUD, but rather are consistent with the use,occupancy, operation,and maintenance of the Property(or
such portion thereof, as applicable) as was being made of the Property (or such portion thereof, as
applicable)prior to the approval of the McKinnon Groves PUD.Notwithstanding the foregoing and unless
otherwise released pursuant Paragraph 14 below, no change in the condition of all or a portion of the
Property that reduces the width or otherwise adversely impacts the existing perimeter buffers described in
Section 1,Subsection D,of the McKinnon Groves PUD shall be undertaken,except in connection with the
development of the Property(or such portion thereof)pursuant to the McKinnon Groves PUD(or unless
such change in condition is consistent with the use,occupancy,operation,and maintenance of the Property
(or such portion thereof, as applicable) as was being made of the Property (or such portion thereof, as
applicable)prior to the approval of the McKinnon Groves PUD).
14. Partial Release.Notwithstanding anything in this Declaration to the contrary,in the event
that the Developer of all or any portion of the Property subsequently elects to not develop all or a portion
of the Property pursuant to the McKinnon Groves PUD(as it currently exists),but rather intends to develop
all or a portion of the Property in accordance with the entitlements and density for the Property(or such
portion thereof,as applicable)as they existed prior to the approval of the McKinnon Groves PUD(i.e., 1
dwelling unit/5 acres, more or less)("Intention"),then upon written notice of such Intention from such
Developer to Fox Meadow,the provisions of Paragraphs 2.d,2.e,2.g and 2.i(which prohibit amendments
to and/or waiving of certain provisions of the McKinnon Groves PUD without Fox Meadow's prior written
consent) shall not apply to activities undertaken by the Developers in furtherance of such Intention.
Additionally,at such time as all or a portion of the Property has been removed from the McKinnon Groves
PUD in furtherance of such Intention,or the McKinnon Groves PUD has been amended to be consistent
with such Intention,then this Declaration shall automatically be released from, and shall no longer run
with or be a lien or encumbrance upon title to,the Property(or such portion thereof,as applicable).Further,
notwithstanding anything in this Declaration to the contrary, this.Declaration: (i) shall be automatically
released from, and no longer run with nor constitute an encumbrance upon title to, any portion of the
Property, or any interest therein, that is conveyed or dedicated to, or otherwise accepted by, any
governmental authority in fee simple or to the perpetual use of the public;and(ii)shall be automatically
subordinate to any temporary and/or permanent easement granted to any governmental authority,whether
by plat or otherwise. However, nothing in the foregoing sentence shall serve to automatically release or
render subordinate the access limitations in Paragraph 2.d above and as further specified in Section 1,
Subsections H.5 and I of the McKinnon Groves PUD without Fox Meadow's prior written consent.Despite
the intent and agreement that the foregoing releases and subordination provided by this paragraph shall
take effect automatically and that no instruments of release or subordination will be required for any
automatic release or subordination to take effect,the parties agree that if requested by any title insurance
company, governmental authority, or any party, the parties, including Fox Meadow, shall execute and
deliver an instrument,in form and content reasonably acceptable to the parties(and to such title insurance
company or governmental authority, if applicable)confirming a release or subordination pursuant to this
paragraph; provided, however, that the requesting party shall prepare such instrument of release or
subordination and shall be responsible for the recording fees associated with the recording of such
instrument of release or subordination.
Page 6 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1274 PAGE 7 of 16
15. Notice. Any notice or other communication permitted or required to be given hereunder
by one party to another shall be in writing and shall be hand delivered, mailed by registered or certified
United States Mail,postage prepaid,return receipt requested,or delivered by overnight courier service to
the party(ies) entitled or required to receive the same at the address specified in the preamble or at such
other address as may hereafter be designated in writing by any such party(ies), and any notice or other
communication given by any party to another shall be deemed to have been sufficiently given for all
purposes when made by personal delivery, or upon actual delivery by registered or certified U.S. mail or
overnight courier.
16. Not a Public Dedication. Nothing contained in this Declaration is intended, nor shall be
construed or deemed,to create any rights in favor of the general public or for the general public or for any
public purposes whatsoever, or for or in favor of any person or entity other than Fox Meadow and the
Developers, it being the intention of the Declarant that this Declaration shall be strictly limited to and for
the purposes herein expressed,enforceable only by the parties.
17. Non-Waiver.Failure by any party to insist upon the strict performance of any of the terms,
conditions,or provisions of this Declaration shall not be deemed to be a waiver of such terms,conditions,
and provisions, and each party, notwithstanding such failure, shall have the right hereafter to insist upon
the strict performance of any or all such terms and conditions of this Declaration as set forth herein.
18. Paragraph Headings. All paragraph and descriptive headings in this Declaration are
inserted for convenience only,and shall neither affect the construction or interpretation hereof,nor add or
subtract from the meaning of the contents of each paragraph.
19. Severability.This Declaration is intended to be performed in accordance with,and only to
the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this
Declaration or the application thereof to any person or circumstance shall,for any reason and to any extent,
be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Declaration
and the application of such provision to other persons or circumstances shall not be affected thereby but
rather shall be enforced to the greatest extent permitted by law. To that end,this Declaration is declared
severable.
20. Negation of Partnership/Joint Venture.None of the terms or provisions of this Declaration
shall be deemed to create a partnership between or among the parties or any of them, nor shall it cause
them to be considered joint venturers or members of any joint enterprise. Each Developer shall be
considered a separate party and,except as expressly set forth in Paragraph 11 with respect to homeowners'
associations within the Property, no party shall have the right to act as an agent for another party unless
expressly authorized to do so by separate instrument signed by the parties to be charged.
21. Authority. Each Developer hereby warrants and represents that it is the lawful owner of
fee simple title to its respective property,as described herein. Each party hereby warrants and represents
that: (i)it has full power and lawful authority to enter into this Declaration; and(ii)the person executing
this Declaration on behalf of such party is duly authorized and empowered to do so.
[Signature Pages and Exhibits follow)
Page 7 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1275 PAGE 8 of 16
"DECLARANT"
"iganatum
Lis A.Jones
o�-41�U -
Print Na
SignatuLo re
v— I r
Print Name
Dayne Allen Jones
>gnature
Print N e
Signature
�d ri �'G��•�d�
Print Name
STATE OF FLORIDA
COUNTY OF r
The foregoing instrument was acknowledged before me by means of[�ysical presence or [ ]
online notarization,this 4"- day of k ,
husband and wife. They are [ ]� 2022, by Lisa A.Jones and D yne Allen Jones,
y known to me or [✓� have produced
VnVC,1rS (,i 02 Ln SA— as identification.
(Y>L. p O
IORi R. � Notary Public
;,. : MY COMMISSION 00 2a70a3
a j EXPIRES:Amwy 90,2025
r `�` Bolded no Notwy Pum undw""
Page 8 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1276 PAGE 9 of 16
"DECLARANT"
THE PRESERVE AT AVALON,LLC,
a Florida limited liability company
By: W't sses:
Robert W. Hold n,Jr.,Manager
i
Sig ature
Print e?;,
C- //
Q.
Signaturel a
Print Name
STATE OF FLORIDA
COUNTY OF Q Z A C tt //
The foregoing in t ent was ac�owledged before me by means�Zwsical presence or [ ]
online notarization, this day of W/414y 22, by Robert W. Holston, Jr., as Manager of
The Preserve at Avalon, LLC, a Florida limited Oility company, on behalf of the company. He
personally known to me or[] has produced as identification.
66**
Notary Public State of Florida Notary Wesley T Be[My Commission GG 941783
p Expires 12/22/2023
Page 9 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1277 PAGE 10 of 16
"FOX MEADOW"
FOX MEADOW HOMEOWNERS ASSOCIATION,INC.,
a Florida not-for-profit corporation,
By: Wi esse
�t R
ci Lv,
L�e f lem-H J� � (I
Signa re , -
P i tN e ) T
Print Name
STATE OF FLORI A
COUNTY OF
The foregoing in ent was ackno*ledged before mF.by means of[�hysical$$r�psenc or.[
online notarization,this �ay of ,2022, by. �(j�[ a �ri
Fox Meadow Homeowners A sociation,Inc.,a Florida not-for-profit corporation,on behalf of the not-for-
profit corporation. Slm [ Uj- personally know to me or [ ] as produced
as identification. "��
7-
No ry Pu he
.v•� S JAN CAWHY
Notary oLblic State of Florida
Commission=1r1 08 i 001
orn�` My Comm.Expires.ar 14,2025
3orcec chrocgh Natiora.Natery Assn.
Page.10 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1278 PAGE 11 of 16
EXHIBIT A-1
Legal Description of Jones West Parcel
(ALT Key 1594022/PIN 12-23-26-0001-000-00400)
The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 12, Township 23 South,
Range 26 East,Lake County,Florida, less the East 30 feet(E 30')thereof.
Page 11 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1279 PAGE 12 of 16
EXHIBIT A-2
Legal Description of Jones East Parcels
(ALT Key 1028396/PIN 12-23-26-0001-000-00500 and
ALT Key 1028400/PIN 12-23-26-0001-000-00600)
The Southeast Quarter(SE 1/4)of the Northeast Quarter(NE 1/4)of Section 12,Township 23 South,Range
26 East, Lake County, Florida.
AND
The East thirty feet(E 30')of the Southwest Quarter(SW 1/4)of the Northeast Quarter(NE 1/4)of Section
12,Township 23 South,Range 26 East,Lake County,Florida.
Page 12 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1280 PAGE 13 of 16
EXHIBIT B
Legal Description of Preserve Property
(ALT Key 1028418/PIN 12-23-26-0004-000-01000)
The Southeast Quarter(SE 1/4)of Section 12,Township 23 South, Range 26 East, Lake County, Florida,
LESS AND EXCEPT all that portion of that certain plat of Avalon Hills recorded in Plat Book 57, Pages
42,43 and 44,Public Records of Lake County,Florida,and less and except road right-of-way.
Page 13 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1281 PAGE 14 of 16
EXHIBIT C
Map of the Property
1593999 1028388
1594006 �9
3424913 Pf
O 3424956
1117861
I
1028396
i
1594022 Jones East Parcels
Jones West Parcel
1028400
® D 3847464 3847465�
3623366 3823367
3823369]Q Preserve Property
AFADOW SUB - - AVALON HILLS -- - 1028418
3823370��
6 _. .
3823371 it A
Ll z
pi
W'382337210 0
X
g '_ ___ _
O
u 3823373 D w
'--WEST PI,,L C
3702107 b 3454561,
Page 14 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1282 PAGE 15 of 16
EXHIBIT D
Screening Cross Section
[see attached one (1)docwnent totaling one (])page]
Page 15 of 16
ORLDOCS 18925070 16
INSTRUMENT# 2022024824 OR BOOK 5901/PAGE 1283 PAGE 16 of 16
Exhibit D
.... ... .. Propedy
It 150'Buller Reor lot line
r10'Ireea.d 90'BuR.r.+.
(/�j �, RdnZo.e rn.ari.r.a lal N
f/ BUFFER SECTION AA /
s I
Ij Muili Use/-- Enhanced lrrigaNd Parwl Wollwith
Egvedrian Tmil(Clay) Landscape Buffer Creeping Vines
i
'F--{ Properly
Li Roo,Lot Lne
I 200'BvHer
Br..n.d uo edt..,:a
quvsvior,7r0 I Ic r�rl
j1 BUFFER SECTION B8
' M'JS Uw/—� Enhanced lrrigaled Pond W.I.wih
Eq—won Trm7lCloyl Landscopr BvHer Upping.: V.—
�Rwr Ld Um
1 \)
200'Buffar
14W ll.tse.wet 60'Rr.aaaed
M..M.igTal oysR.
BUFFER SECTION CC
<.ee• Muni Use/ Spyglms Hill
Egoeddan Troll IClay) Rood
Ershomed lydgo*d
SpnroJence � ,rd d LondecapeBuI6,
P.1w Wall wilt
Cmpiap Vino
P-w
Reor.o:Line Lim
1460'Ilength wiles) _
rwen vai.rl.a e1'1-c"
1n sJv.i� j ,J !
ry Retedlon a
BUFFER SECTION DO i Multi U. Phil C Peron Rood
/
Edtonced loigaed Egvestrian Trail IClayl
Landscape Buller
Ponal Will with
Ceeping Vines
WAW
s I i
--
TRAILHEAD PERSPECTIVE VIEW
ui d..wersrrar......r..y.ww..r..rew es..tsnap.lya
... km.r..a r.rN,rt2.2 r,.,aro..mn a,ns.arm r..a.r 4nrRrd
MA
WELLNESS WAY MCKINNON PARCEL • COMMUNITY BUFFERS mclo
irII
0 Cey or ClrmvC,Fft
13701ME01
j Taylor 1.--