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O-464-MR.etur?~ to: City of Clerrncrt City Cierk • ~.~. Bex 1202.19 C1er~ont, FL 34712-0219 • CITY OF CLERMONT ORDINANCE No. 464 - M Page 1 • ' iI11H ii11111{if Ilifi;llii ii11111i1i ili ' iiil llli illi t-fa ,,-.1:1;.1.,:.}1,,"a,;f;;; ~:'~i' [I_~[`.~'i~i!i°~ E'~cf ;: '~4i ._. .~. '.~''tyY i~. ~_~6'f1'=:. ,' ~s Fi i l = 1~1 ,`.' _ `il,ti i,' .~ i ;; ~': L11! ; =~ HI~I -. .!F'li f~.::i PJF~`I ft). f'~f~r '_-~_F...i~: }',. (.iii I. ii f..sKl AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE DEVELOPMENT ORDER FOR THE LOST LAKE RESERVE DEVELOPMENT OF REGIONAL IMPACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City annexed properties that comprise the Lost Lake Reserve Development of Regional Impact on February 13, 1996 under Ordinance #290-M, 292- M, and 294-M and on September 22, 1998 under Ordinance #360-M, and 361-M; and WHEREAS, a Development Order is the instrument by which a Development of Regional Impact is approved by the State, Regional and Local authorities; NOW THEREFORE, be it resolved and enacted by the City Council of the City of Clermont, Florida: Section 1. The City of Clermont hereby adopts the Lost Lake Reserve Development Order as shown in attachment "A". Section 2. ff any portion of this ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the ordinance, and the remainder of the ordinance shall coniinue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the ordinance as a whole. Section 3. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. flllflfitff Ilfffilllffiiiffflfliflll 7, j. il.°: f:, C;' D.~r Vic-: ... - -',~__ ;,'C:'!~'~n i1'1~iC;",11i#,i? ;~`::~crrr. ~a.'~ '~~~.t_ s.;c.t_~..~(r i:I.EF;:{~;. %trA:!'i±_I~;' ;: • The quality of this image is equi~~alent to the quality o,~ the original rloeu'nent. • • CITY OF CLERMONT ORDINANCE • No. 464 - M Page 2 Section 4. 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. First reading this 12`h day of November 2002. Second reading this 26a' day of November 2002. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26~' DAY OF NOVEMBER 2002. arold S. Turville, Mayor • ATTEST: Jo eph E. Van Zile ' y Clerk E, • The quality of this image is equivalent to the qualit?~ of the original c±orunaerat. l • • • • ATTACI~VIVIENT "A" • Lost Lake Reserve Development of Regional Impact As adopted by the East Central Florida Regional Planning Council September 18, 2002 1. The Lost Lake Reserve DRI shall be developed in accordance with the information, data, plans and commitments contained in the Lost Lake Reserve DRI ADA and supplemental information incorporated heroin by reference, unless otherwise prol}ded by the conditions of this Development Order. The Development Order shall prevail over any conflicting information, data, plan, or commitments. For the purposes of this condition, lire ADA shall consist of the following items: a) ADA dated July 12, 2001 b) Response to Request for Additional Information dated October 31, 2001 c) Response to Second Request for Additional Information dated January 16, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. The DRI Development Order shall govern the development of lands totaling approximately 423.54 gross acres, described in Exhibit I herein. 3. The Town Center area identified as Parcel L as identified in the Master Development Plan, attached hereto as Exhibit 2 and by this reference made a part hereof of the Development Order, shall be developed as a pcdestr-ian oriented area with a mixture of land uses that will promote intcmal activity and function as a nexus for community events and gatherings. Non-motorized interconnections with all other portions of the site shall be designed to promote convenient and safe access to the area. The focus of the commercial and residential uses should be directed toward Eagle Lake and the linear park around Eagle Lake. 17 18 19 20 21 22 23 24 25 26 27 28 29 Land Use Matrix 7'he quality of thi, image is equivalent to the quality ai the original !locument. 4. The Developer may increase or decrease the amount of a particular land use within the approved Development Summary, as described in Exhibit 3, attached hereto and by this reference made a part hereof of the Development Order, by using a conversion table as described in Exhibit 4, attached hereto and by this reference made a part hereof of the Development Order, which is based on equivalent peak hour directional trip ends. Use of the conversion [able may increase or decrease the total amount of each land use by no more than the amount allowed for in the substantial deviation criteria identified in Chapter 380.06(19)(b) 1-14, Florida Statutes, unless the Development Order is amended to accommodate such a change. Greater changes than those discussed above, considered cumulatively, shall be subject to normal Development Order amendment processes. Any time the conversion table is to be used, the Florida Department of Community Affairs "FDCA", ECFRPC, and the City of Clermont must be provided notice of the proposal at least 30 days in advance of the change. Use o~ the conversion table will be reported on 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 • 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 • 80 81 ' • an individual and cumulative basis and Project impacts documented in the annual report. Any future Notifications of Proposed Change ("NOPC") shall incorporate any changes due [o the use of the matrix. Water Supply Management 5. In addition to other constraints controlling the rate of project development, the City of Clermont shall only approve development for construction if the utility supplying the potable water to this development has an approved Consumptive Use Permit from the St. Johns River Water Management District ("SJWNID") that includes an uncommitted capacity to meet the projected demand of the proposed development. 6. The demand for potable water from proposed increrrunts of development shall be calculated using water demand factors that have been approved for that use by the SJRWMD. 7. The Developer shall cooperate with the City of Clermont in establishing and operating any on-site lake and wetland monitoring stations needed to comply with Consumptive Use Permit(s) issued by the SJRWMD. Lost L.Bke Reserve shall also participate in any avoidanceJmitigafion plan that may be required by the SJRWMD to reduce groundwater withdrawal impacts to lakes, wetlands, springs, or other water resources. 8. Reuse water distribution lines will be installed at the same time as potable water distribution lines and shall serve the same areas as the potable water distribution lines. The project shall utiliu reuse water for all irrigation as it becomes available. I'hc quality of this image Irrigation Management is equivalEnt to the quality rj~ th~~original!Iocument. 9. Development shall comply with the proposed City of Clermont Water Efficient Landscape Irrigation and Landscape Ordinance and other City water conservation programs. 10. In addition, the Developer shall utiliu a Waterwise landscaping approach (as defined by the SJRWNID) throughout the Development that includes at least 50% of landscaped vegetation in drought-tolerant or native vegetation varieties by landscaped area (landscaped azeas aze defined as areas of planted vegetation, mulch, or turf that aze pervious and should not include wetlands, wetland buffers and natural areas). 11. The Developer shall provide information on Xeriscape and/or native vegetation and/or drought- toleran[ vegetation (e.g. SJRWMD's Waterwise plant guide, and IFAS's Xeriscape plant guides and "Florida Yards and Neighborhoods" materials) to all nev~,and existing residents (this can be partially met by placing said literature in a prominent display in the sales office for the development). 2 • • ' • 82 12. At leas[ 70°6 of the fertilizer used in developer-maintained azeas shall be of slow-release%rganic 83 form. 84 85 13. The development shall prohibit green-lawn deed restrictions in development covenants. 86 87 Natural Systems 88 89 14. Gopher tortoise habitat losses shall be mitigated through the acquisition and protection of comparable 90 offsite habitat pursuant to incidental take standards of ttie Florida Fish and Wildlife Conservation "''r"'`""' 91 Commission ("FFWCC"). The offsite habitat selected should preferably be upland areas that are part 92 of the Lake Wales Ridge system. 93 94 Schools 95 96 15. The Developer has worked with the City of Clermont and the Lake County School District to assure 97 that classroom capacity is available for project generated students concurrent with demand. The '~' =~"" 98 developer has provided an elementary school site to the Lake County School Boazd at a reduced price. 99 The school site property was severed from the DRI to allow the school to proceed with permitting and 100 development at an accelerated rate. Lost Lake Elementary School has been operating for the past two 101 years. Additionally, the developer constructed Johns Lake Road within the project boundaries to 102 accommodate access to the school. Utilities to the school were constructed by the developer. 103 Construction costs were absorbed by the developer and are subject to impact fee credits of 104 approximately 5096. The developer shall also provide for the extension of Stever Road east of Citrus 105 Tower Boulevard for both vehiculaz and pedestrian access, which will accommodate a second access 106 to the new Clermont High School, which has just opened this year and is located immediately north of 107 the Lost Lake Reserve development. 108 "I'hQ quality of this image 109 Transportation is equivalent to the quality 110 a the original document. 111 16. For purposes of the transportation conditions, the Lost Lake Reserve DRI shall be divided into the 112 following traffic phases based on reaching any of the following thresholds or years, as follows: 113 114 Phase Daily Daily Trips External External Peak Peak Hour External External Trips Cumulative Daily Daily Trips Hour Trips Peak Peak Hour Trips' Cumulative` Trips Cumulative Hour Trips Trips` Cumulative' Phase 1 18,311 18,311 15,783 15,783 1,985 1,985 1,711 1,711 (2006) Phase 2 15,309 33,620 10,202 25,985 1,353 3,338 869 2,580 (2011) ...~...~..~ ~...~~...-~~ a............u, u,t, ~«u~ ~u~ nor mrernauy captures mp ends. 3 ' • 115 116 17. Monitoring and Modeling Methodology. Prior to the initiation of each phase beginning after Phase 117 1 as identified in the preceding pazagraph, the Developer shall conduct a monitoringfmodeling • 1 18 program. This program shall ascertain the Level of Service ("LOS") on facilities where the Lost 119 Lake Reserve DRI is estimated to contribute an amount of traffic greater than or equal to Five 120 percent (59'0) of the adopted LOS service volume_ The methodology of the monitoring/modeling 121 program shall be agreed upon by City of Clermont, the ECFRPC, Lake County, the Florida 122 Department of Transportation ("f~'DOT"), the FDCA and the Developer. The depth of each 123 monitoring and modeling effort shall be similar to that required within an ADA but shall be consistent 124 with the requirements of the City of Clermont Concurrency Management Systems as it relates to 125 facilities within that jurisdiction. All studies and monitoring/modeling programs shall be consistent 126 with the ECFRPC's methodology. Empirical data will be required to be collected for the monitoring 127 and modeling program on facilities where it is estimated that the project contributes an amount of 128 traffic greater than or equal to five percent (596) of the adopted LOS maximum service volume. In the 129 event that all parties cannot come to agreement on the methodology, the ECFRPC, FDOT, Lake 130 County and City of Clermont shall be the final arbiters. The City of Clermont's dxision shall be final 131 as it relates to City of Cler~r-ont facilities, Lake County's decision shall be final as it relates to Lake 132 County facilities, the FDOT's decision shall be final on state facilities and the ECFRPCs decision 133 shall be final as it relates to all other facilities. 134 135 18. The facilities to be monitored/modeled for the next phase shall include, but shall not be limited to, • 136 those segments of the regional roadways within this list and one segment beyond where the Lost 137 Lake Reserve DRI is estimated to contribute a cumulative amount of traffic greater than or equal to 138 five percent of the adopted LOS service volume. The analyzed facilities will include signalized 139 intersections and link analyses of collector and higher classified roadways and interchange ramps. The 140 City of Clermont, the ECFRPC, Lake County, the FDOT and the FDCA shall have the right to make 141 reasonable requests for additional information from the Developer to verify adherence to these 142 provisions. The Developer shall supply adequate information toward compliance with these 143 requirements. - 144 145 146 147 148 149 150 151 152 ~, 153 • "I'hQ quality of this image 154 is equivalent to the quality u 155 of the original ~loeun7ent, 4 1S6 157 • • • 158 159 160 161 162 163 164 165 • Candidate Roadways* for Monitoring/Modeling Study Anderson Hill Road US 27 to Lakeshore Drive C7 Hancock Road SR 50 to Johns Lake Road Johns Lake Road b Hadwood Marsh Road Hatiwood Marsh Road US 27 to Hancock Road Hancock Road to Hartle Road Hartle Road to Orange County Line Orange County lane to CR 54~ Johns Lake Road US 27 to proposed Citrus Tower Blvd. Proposed Citnts Tower Blvd. b Hancock Road Lakeshore Drive East Avenue to Anderson Hrll Road Anderson Hill Road to Lake Louisa Road Hook Street US 27 b proposed Citrus Tower Blvd Road Proposed Citrus Tower Bled. b Hancock Road Citrus Tower Blvd. Grand Highway to SR 50 (existing) SR 50 b Staves Road ~ Staves Road to Johns Lake Road Johns Lake Road b US 27 US 27 b lake Louisa Road SR 50 CR 565A to CR 561 CR561toUS27 US 27 to Grand Highway Grand Highway to proposed Citrus Tower Blvd. Proposed Citrus Tower Blvd. b Hancock Road Hancock Road to Orange County line Stever Road US 27 to proposed Citrus Tower Blvd. US 27 CR 561 A to CR 561 CR 561 b Grand Highway Grand Highway to SR 50 SR 50 to Staves Road . Staves Road b Johns Lake Road Johns Lake Road b proposed Citrus Tower Blvd. Proposed Citrus Tower Blvd. b Hattwood Marsh Road Hariwood Marsh Road to CR 474 ~,... . ~f'he quality of this image is eyuivaleEZt to the gt+aaity di the original `lo`~ttntent, * Intersection analyses shall also be conducted. Smaller study segments shall be studied as determined by reviewing agencies. 19. Monitoring and Modeling Results/Mitigation d a) The Lost Lake Reserve DRI shall not commence beyond Phase 1 (an equivalent of 1,711 external peak hour [rip ends) into Phase 2 when service levels are below the minimum service 5 • 16~b level adopted in the applicable local government's comprehensive plan during the peak hour 167 and the Development contributes, or is projected to contribute with the next phase of traffic, 168 five percent of the adopted LOS service volume of the roadway or intersection as determined • 169 by the monitoring program required in the preceding condition, unless mitigation measures 170 and/or improvements are secured and committed for completion of construction during the 171 phase in which the impacts occur. The schedule of required roadway improvements shall be 172 tied to the development level when the improvement is needed within each phase. The 173 Development Order shall be amended to incorporate the required improvements and the 174 commensurate trip level by which the improvement is needed to support project development. 175 176 177 b) For the purposes of this Development Order, adequate "secured and committed" mitigation 178 measures shall include one of the following: 179 180 1. A roadway improvement scheduled for construction within the first three (3) 181 years of the appropriate local governrrrent's adopted comprehensive plan capital 182 improvement element (or as otherwise provided in the applicable jurisdiction's 183 capital improvement element); A roadway improvement scheduled for 184 construction within the first three (3) years of the FDOTs five (5) year Work 185 Program. 186 • 187 2. A binding financially secured and irrevocable commitment by the Developer or 18 8 other appropriate persons or entities for the design, engineering, land acquisition 189 and actual construction of the necessary improvements (with the posting of a cash 190 bond, surety bond, irrevocable letter of credit, escrow account or other security in a 191 form acceptable to the agency of jurisdiction) within the next three years and 192 incorporated by reference into the Development Order. 193 194 3. Any other mitigation option specifically provided for in this Development Order. 195 196 4. Any other mitigation option permitted by law, including a local government 197 development agreement consistent with Chapter 163, F.S., which ameliorates the 198 projected impact and is incorporated into the Development Order by amendment, 199 200 These mitigation measures shall occur by the required threshold in order for the Development to 201 proceed through the balance of the applicable phase. If the Developer can demonstrate that a 202 portion of a phase or subphase does not adversely affect the Regional Roadway network as 203 determined by the monitoring and modeling tests discussed above, then the Developer may 204 proceed with that portion of the phase (and only that portion). • 205 The quality of this image H is equivalent to the qualit*~ ~f the anginal !?r?~~~ex,,~ r 6 ,,. . . ~ 206 20. In the event that a roadway widening is identified which is not compatible with adopted policy of the 207 FDOT (e.g. 8 or 101aning of a state roadway) or local government (e.g. constrained), the Developer, 208 the City of Clermont, or the party having either maintenance or jurisdictional responsibility for the • 209 facility, together with the ECFRPC, shall determine alternate mitigation solutions to provide for the 210 movement of people. 211 212 21. Toward the achievement of the objectives in the two preceding conditions, an agreement(s) among the 213 City of Clermont, Lake County, the FDOT and the Developer may be entered into within twelve (12) 214 months of the issuance of a Development Order for this Development by the City of Clermont. Said 215 agreement(s) shall address and clarify such issues related to equity in the application of collected fees 216 for transportation improvements. Application of fees shall be on a fair-share basis with respect to the 217 improvements to be provided and not solely on the basis of impact fees. However, such an 218 agreement(s) would not alter or waive the provisions and requirements of the other conditions of the 219 Development Order as a mitigative measure for the transportation impacts of the Lost Lake Reserve 220 DRI. In the event that one of the designated parties to theme agreement(s) (other than the Developer) 221 fails to execute said interlocal agreement(s) within the specified time, then the Developer may proceed 222 with the project based upon the monitoring/modeling schedule • and all other recommendations 223 specified herein as it affects the non-participating party. Separate agreements may be entered into 224 with one or more parties and the Developer. 225 226 • 227 228 229 230 231 232 233 234 " 235 236 237 238 239 240 241 242 243 • 244 ' 245 'f'he quality of this image 246 is equivalent to the quay€-~~ "' i)) thy' Od'i~lr9~1 !~C~#°a=a~;- ~> 7 ~.ser= 247 22. The Developer has assumed that the following facilities will be in placx prior to proceeding into the 248 phase indicated. Unless supported by additional regional review or unless otherwise addressed in the 249 City of Clermont Conditional Use Permit ("CUP"), the following improvements must either be • 250 constructed or be in a funded work program prior to proceeding into the phase indicated; 251 252 • • Roadway Section Improvement w Phase Hartwood Marsh Road CR 545 to CR 535 New 2 Lane Phase 2 Citrus Tower Blvd. SR50 to Hook Street Extension New 2 Lane Prior to devebpment beyond the currently approved 627 reskential units SR 50 to Johns Lake Road New 2 Lane Prior to devebpment beyond the currently approved 627 residential units Johns Lake Road to US 27 New 2 Lane Phase 2 US 27 to Lakeshore Drive New 2 Lane Phase 2 Staves Road Citrus Tower Blvd. to Hook Street New 2 Lane Prior to devebpment beyond the currenty approved 627 residential units US 27 to Citrus Tower Blvd. New 2 Lane Phase 2 Hook Street Citrus Tower Blvd. to Hancock Road New 2 Lane Prior to devekpment beyond the currently approved 627 residential units US 27 to Citrus Tower Blvd. New 2 Lane Phase 2 Hancock Road SR 50 to Oki Highway 50 New 2 Lane Phase 2 Western Beltway SR 50 to CR 535 New Toll Road w/ Connection to CR 535 Phase 2 LJJ 254 255 23. The following state and regionally significant roadway segments are projected to be both 256 significantly impacted by traffic from the Lost Lake Reserve DRI development and to operate 257 below the adopted LOS standard. Mitigation must be in place prior to the Development entering 258 the phase levels noted below unless the final results of the monitoring and modeling study 259 document that mitigation is not required for the amount development requested in the study. 260 Alternative improvements may also be presented bases. on study results. This list shall be 261 amended based upon the results of each monitoring and modeling study as necessary. 262 The qua~lit;~ of this i~~~.tts,. .. is equivalent to the ga~~l:g, ~~a the ore~inal l~prgz,~~f,~;~ ~ 8 .. -, •t. 263 264 265 266 267 268 269 270 271 272 • 273 274 275 276 277 278 • 279 280 281 282 283 284 285 286 287 288 289 290 291 292 • • Roadway Roadway Section Improvement Phase Falr Share' Required Citrus Tower SR 50 to Steves Road 4 lane divided Prior to Not identified Boulevard Phase 2 Steves Road to Johns Lake Road 4 lane divided Pray to Not identified Phase 2 SR 50 Hancock Road to Greater Hills Blvd. 6 lane divided Pray to 1,580 Phase 2 Old Highway 50 to Florida's Turnpike 6lane divided Pray to X1,041,190 Ramps pha~ 2 *As calculated in the DRI ADA and subject to further review. Fair share amount payment is one of several options available to the Developer to mitigate impacts and is not intended as a mandatory option. 24. If the monitoring/modeling results as set forth hereinabove show that improvements must be made to roadway facilities, and if mitigation is not provided as set forth in these conditions or as otherwise required pursuant to 9J-2.045(7), then prior to any construction of future phases and subject to the provisions of Section 380,06(1S)(e), Florida Statutes, the Developer, City of Clermont, and to the extent that they have impacted facilities requiring mitigation, Lake County and FDOT may enter into an agreement which ensures that: a) a proportionate share payment is made by the Developer to the appropriate entity/(ies) to mitigate project impacts; is ee qualtfy of this image cluivalet~t to the 9'ualit~ Vie; tllq a~•ftiinal r±orumerit. b) said proportionate share payment shall be used by [he appropriate entity only for the design, engineering, right-of--way purchase, permitting and/or construction of improvement to the segments/intersections for which the payment is made; and c) said proportionate share payment by the Developer constitutes adequate provision for the public facilities needed with respect to the road segments to accommodate the impacts of the project through the phase for which the fair share was calculated, as required by Section 380.15(e)(2), Florida Statutes. All such proportionate fair share agreements shall be included in this development order by amendment pursuant to Section 380.06(19), F.S. The formula to be used to determine proportionate share contribution is as follows: (DRI Trips) X Cost =Proportionate Share (SV Increase) ~. d) For this formula, DRI Trips is the cumulative number of trips from the development expected to reach the roadway during the peak hour from the phase under development. 9 293 SV increase is the change in peak hour maximum service volume of the roadway 294 resulting from construction of the improvement necessary to maintain the desired level of 295 service; and Cost of Improvement is the cost (at the time of Developer payment) of • 296 constructing an improvement necessary to maintain the desired LOS, including all 297 improvement associated costs (engineering design, right-of--way acquisition, planning, 298 engineering, inspection, and other associated physical development costs directly 299 required and associated with the construction of the improvement} as determined by the 300 governmental agency having maintenance obligations over the roadway. 301 302 25. Notwithstanding any provision contained herein to the contrary, except as specifically agreed in 303 writing, City of Clermont shall have no financial responsibility to contribute to or participate in the 304 funding of the design, engineering, permitting, and/or construction of roadway improvements. 305 306 26. The monitoring and modeling required prior to each phase or subphase shall be used to verify impacts 307 from previous phases and to more accurately estimate probable impacts from later phases. If 308 necessary, the proportionate shaze amount will be adjusted to reflect actual impacts from a phase and 309 the more accurate inforntation, which will result from the estimates for later phases; provided, 310 however, that any impacts from prior phases which have been mitigated in accordance with any of the 311 methods set forth in this Development Order shall not be included in any subsequent proportionate 312 share calculations. If it is verified that the roadway improvements mentioned above aze still needed, 313 then the project shall not proceed into later phases until either the proportionate shaze payment is made • 314 or the needed improvements are scheduled for construction in the applicable entities' work program 315 within the first three years from the date when impacts are estimated to be significant and adverse. 316 317 27. If the parties cannot reach agreement independently prior to the date when impacts are estimated to be 318 significant and adverse, or if so desired by the parties at any time, then the issues in dispute shall be 319 submitted to the ECFRPC for either voluntary mediation pursuant to its adopted dispute resolution 320 processor to binding arbitration pursuant to the rules and procedures of the American Arbitration 321 Association ("AAA"). The solutions recommended as a result of this process shall be implemented 322 and the development order amended pursuant to Section 380.06(19), Florida Statutes, to includ~ldality of this jn~a c 323 , g solutions. is equivalent to the quality 324 ~'f the ©riginal rlorts!nent 325 28. In order to provide safe access and to preserve operational capacity, left and right turn deceleration 326 lanes shall be evaluated and installed by the developer at all project entrances on collector and arterial 327 roadways. The Developer and City of Clermont shall confirm the need for and the cost of 328 signalization at the Development entrance(s) consistent with policies of the appropriate government 329 entity and when nationally recognized warrants aze met. 330 • 331 29. In the interest of safety, and to promote alternative forms of transportation, the Developer shall 332 provide an on-site system of bikeways and pedestrian circ Alation. The Developer shall construct a 333 system of viable bikeways to connect all quadrants of the Development with the ultimate locations of 10 • ~ 334 the planned school sites, neighborhoods, pazks (passive and active), the commercial centers, the 335 employment centers and adjacent recreational paths. In all areas of the Development, where cycling 336 will be accomplished on both sidewalk bikeways and streets, appropriate signage identifying bike 337 routrs will be installed. Special consideration shall be given to roadways connecting residential areas 338 with schools, parks, employment and commercial centers. Bicycle support facilities (e.g., parking) 339 shall be made available at commercial and work azeas. 340 341 30. ~1 LJ • The on-situ bicycle systems shall be connected into any proximate external bicycle systems existing at the time of construction. Construction standards shall conform to latest state standards and criteria. Improvements to arcs roadways should be encouraged to incorporate bicycle and pedestrian facilities. 31. Bicycle lockers or bicycle racks, transit passenger shelters and transit parking bays shall be constructed where necessary to augment and facilitate the operations of future transit service to the site. Transit pull-out bays and transit shelters as required by the local government and the transit provider on-site shall be constructed by the Developer, except as otherwise provided herein. A site shall be provided for at least ono future transit stop to accommodate buses at a location determined by 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 32. the city and the site developer with input from the transit provider at site plan approval. The Developer shall consult with the transit provider in order to determine the appropriate number and location of pull-out bays and transit shelters. The Developer shall promote and encourage variable work hours and flextime participation by on-site employers. The Developer shall make known to tenants and residents that the Development has access to an existing ride-sharing program operated by the transit provider. As it is available, transit and current ride-sharing information shall be prominently displayed in all public gathering areas, in employment centers and other areas as suggested by the transit provider and City of Clermont. Tenants and owners within the employment centers shall be encouraged to provide preferential parking for vanpooLs/carpools. The Developer shall propose to the City transit related actions, facilities and sites within 2 years of issuance of the development order after consultation with the City of Clermont and the transit provider. 'f he yualit;~ of this imag is equivalent to the goal! tea the oretii.ra31 !lortr!neni In order to minimize impacts to the roadway network, parcels within the Lost Lake Reserve DRI 363 property shall, subject to environmental constraints, be interconnected to the maximum extent feasible 364 as determined by City of Clermont. The Development will generally be connected to existing 365 neighborhoods and will tie into local streets, where feasible and as deemed appropriate by City of 366 Clermont. The Developer shall cooperate with any city or county supported efforts to continuo 367 roadways from or through the site with other roadway facilities that are hereafter endorsed by City of 368 Clermont or Lake County. 369 370 33. The Developer shall provide park and ride spaces either on site or purchase and construct a site for use 371 as a rideshare lot to lessen the overall impacts on region~i roadways. Spaces for at least fifty (50) ~, 372 vehicles shall be provided and may be shared with parking for commercial land uses and the City 373 Park. The park and ride spaces shall be proximate to the bus transit stops when established. Park and 374 ride spaces shall be aggregated into groupings of not less than ten (10) spaces per designated park and 11 • , i • 376 ride area, which shall be indicated with appropriate signage. The Developer shall coordinate with the 376 City, County, FDOT and the transit provider to accomplish these requvements at the time of site 377 development. Required park and ride spaces are not intended to be in addition to the parking 378 requirement of the City of Clermont. 379 380 34. Upon completion of the countywide Public Transportation Needs Assessment Study and the 381 Transportation Disadvantaged Service Plan, the Developer shall enter into an agreement with Lake 382 County that will stipulate the Developer's fair share obligation with respect to providing and/or 383 assisting the Lake County in providing transit services and bus stop shelters/benches to the 3 84 Development so long as other developments of similar nature art required to enter into such 385 agreements. Such an agreement shall not require the Developer to become a transit service provider 386 unless the Developer or the property owner's association chooses to do so. Pending completion of the 387 study, the Devcloper shall contract with Lake County for the County to provide services for the 3 88 transportation disadvantaged residing in the Development or Developer or its association shall provide 389 such services. 390 391 392 393 394 395 • 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 d 413 ., a e i hi ' g m s he quality of t 't 414 is equivalent to the quaGtw ~~ of the ori;inal dar_tament. 12 Exhibit 1 BEGIN at the East 1/4 corner of Section 32, Township 22 South, Range 26 East, Lake County, Florida; thence run N $9°41'03" E, a distance 1323.14 feet to the East line of the West 1/2 of th e Southwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida; thence run S 00°31'40" E, along said East line, a distance of 1299.54 feet to the North boundary of a parcel of land as recorded in Official Records Book 1630, Page 721 of the Public Records of Lake County, Florida; thence leaving said East line, run along the North, West and South boundary of said parcel of land recorded in Official Records Book 1630, Page 721 the following courses and distances; thence run S 89°28'39" W, a distance of 100.12 feet to a point on anon-tangent curve, concave northeasterly, having a radius of 790.00 feet and a central angle of 31 °44'53"; thence on a chord bearing of N 74°39'33" W, run 437.75 feet long the arc of said curve to the point of tangency thereof; thence run N 58°46'47" W, a distance of 130.62 feet to a point on anon-tangent curve, concave southwesterly, having a radius of 710.00 feet and a central angle of 19°02'48"; thence on a chord bearing of N 68°21'38" W, run 236.02 feet along the arc of said curve to a point; thence run N 77°51'26" W, a distance of 490.25 feet to the West line of the Southwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida; thence run N 77°25'52" W, a distance of 54.42 feet to a point 53.00 feet West of, when measured perpendicular to, the East line of the Southeast 1/4 of said Section 32; thence run S 00°33'01" E, pazallel with said East line of the Southeast 1/4, a distance of 750.09 feet; thence run S 45°33'22" E, a distance of 247.91 feet; thence run N 89°26'38" E, a distance of 1200.10 feet to the East line of the West 1/2 of the Southwest 1/4 of said Section 33; thence leaving the boundary of said parcel of land recorded in Official Records Book 1630, Page 721, run S 00°31'40" E, along said East line of the West 1/2 of the Southwest 1/4 of said Section 33; thence run N 89 °59' 16" W, along said South line of the Southwest I/4, a distance of 1322.21 feet to the Southwest 1/4 of said Section 32, a distance of 862.15 feet; thence run N 89°56'56" W, along said South line of the Southeast 1/4, a distance of 911.61 feet to the East right of way line of U.S. Highway No. 27 as it exist on May 17, 2000; thence run N 28°12'35" W, along said East right of way line, a distance of 457.45 feet to the West line of Tract 62, Lake Highlands Company in Section 32, Township 22 South, Range 26 East, according to the plat thereof, as recorded in Plat Book 3, Page 24 of the Public Records of Lake County, Florida; thence departing said East right of way line, run N 00°12'58" W, along said West line, a distance of 226.62 feet to the Northwest corner of said Tract 62; thence run N 89°52' 19" W, along the South line of Tract 52 of said Lake Highlands Company, a distance of 98.23 feet to said East right of way.line of U.S. Highway 27; thence run the following courses and distances along said East right of way line; thence run n 21°59'31" W, a distance of 667.42 feet; thence run N 25°09'25" W, a distance of 400.00 feet; thence run N 31 °07' 10" W, a distance of 281.84 feet to the East line of the Southeas t 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 32; thence departing said East right of way line, run N 00°06'20" W, along said East line, a distance of 39.91 feet to the Northeast corner of said Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4; thence run N 89°40' 15" W, along the North line of said Southeast 1/4 of the Northeast 1/4 of the S outhwest 1/4, a distance of 24.10 feet to said East right of way line; thence run the following courses and distances along said East right of way line; thence r,~tn N 31 °07' 10" W, a distance of 123.83 feet; ox~s.i~;~ thence run N 25°09'25" W, a distance of 100.00 feet; thence run N 16°24'07" W, a distance of 505.89 feet; thence run N 25°09'25" W, a distance of 800.00 feet; thence run N 64°50'35" E, a distance of 5.00 feet; thence run N 25°09'25" W, a distance of 350.00 feet; thence run N 31 ° 16'20" W, a distance of 217.72 feet to the North line of the Southeast 1/4 of the Northwes t 1/4 of said Section 32; thence departing said East right of way line, run, S 89 ° 15'50" E, along said North line, a distance of 867.38 feet to the Northeast corner of said Southeast 1/4 of the Northwest 1/4; thence run S 89°18'30" E, along the North line of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Section 32; a distance of 26.00 feet to the East line of the West 26.00 feet of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Sectio n 32; thence run N 00°06'20" W, along said East line of the west 26.00 feet of the said Southwest 1/4 of the Northwest 114 of the Northeast 1/4 of said Section 32, a distance of 634.70 feet to the North line of said Tract 13 of said Lake Highlands Company; thence run S 89°09'44" E, along said North line of Tracts 13 and 14 of said Lake Highlands Company, a distance of 1293.87 feet to the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 32, thence run N 00°00'30" E, along the West line of said Northwest 1/4 of the Northeast 1/4 of the Northeast I/4, a distance of 631.38 feet to the Southwest corner Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 29, Township 22 South, Range 26 East; Thence run N 00°10'35" W, along the West line of said Southeast 1/4 of the Southeast 1/4, a distance of 1327.77 feet to the Northeast corner of said Southeast 1/4 of the Southeast 1/4; thence run S 88 °54' 11 " E, along the North line of said Southeast 1/4 of the Southeast 1/4, a distance of 1319.12 feet to the Northeast corner of said Southeast 1/4 of the Southeast 1/4; thence run S 00°16'08 E, along the East line of said Southeast 1/4 of the Southeast 1/4, a distance of 6(2,60 feet to the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 28, Township 22 South, Range 26 East; thence run N 89°31'20" E, along the South line of said Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4, a distance of 656.25 feet to the Southeast corner of said Northeast 1/4 of the Southwest 1/4 of the Southwest I/4; thence run N 89°41'42" E, along the South line of the Northeast 114 of the Southwest 1/4 of the Southwest 1/4 of said Section 28, a distance of 454.78 feet to the East boundary of a parcel of land recorded in Official Records Book 1170, Page 126b, as extended the following courses and distances; thence run S 00°38'18" W, a distance of 303.55 feet; thence run S 02°48'24" E, a distance of 93.07 feet; thence run S 12°48'33" E, a distance of 114.35 feet; thence run S 57°07'45" W, a distance of 165.53 feet; thence run S 83°04'23" W, a distance of 269.61 feet; thence run S 32°59'33" W, a distance of 41.15 feet to the South line of the Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 28; thence departing said East boundary of said parcel of land recorded in Official Records Book 1170, Page 1266, as extended; run S 89°32'34" W, along said South line, a distance of 50.57 feet to the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 33; thence run S 00°01'51" E, along the East line of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 33, Township 22 South, Range 26 East, Lake County, Florida, a distance of 628.40 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 33; thence run N 89°34'42" E, along the North line of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 33; thence run. S 00° 11'07" E, along the East line of said Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 33, a distance of 628.79 feet o~9s+u:~ to the Southeast corner of said Southeast 1/4 of tie Northwest 1/4 of the Northwest 1/4 of Section 33; thence run S 89°36'50" W, along the South line of the Northwest 1/4 of the Northwest 1/4 of Section 33, a distance of 1316.37 feet to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 33; thence run S 00°07'26" W, along the West line of said Southwest 1/4 of the Northwest 1/4, a distance of 1256.00 feet to the POINT OF BEGINNING. Subject to any easements or rights of way of record. Less and except those lands described in Exhibit A of that certain Warranty Deed recorded in Official Records Book 1794, Page 1718 of the Public Records of Lake County, Florida. Containing 423.54 acres, (18448985.52 sq ft) more or less. o~ua Exhibit 2 LOST LAKE RESERVE DRI SECTIONS 28,29,32 & 33, TOWNSHIP 22 SOUTH, RANGE 26 EAST CLERMONT, FLORIDA MAP H MASTER DEVELOPMENT PLAN Date Revised: 9 August 2002 Dry Retention ~ } ~ ' A 't ~ i __ _To_HighSchool t. z ~~~ • ~ Pedestrians&ke Trailer r' Steves Road ~~ ~- entEn' ,. - ---- r~ % L ,. --- -- r Pedestrian/Bike Trail ~~ r, Ci ~~~~ B 'l,l~ ~i~i~` ~' `~ t L st Lake '~ ~ Pedestrian/Bike Trail Linear Park ~ t u ~ `~\~ ~, t + ~~ Linear Park ~~ D ~ ~ ~' ~~~, ~~ ,~ ~;% \~\ - ~ a~ ~~M1 f~J mi ~ `~,~ l '~, K '~ Eagle '~ L Lake 't G _," `,~~~'~ ti ~~ ~ ~~ -- - ~ F -- BDHer ~~ i ~ ~~,t;r, ~ _ ~ ~~ ji a f0~~ y.. Passive Park ~, f ._~ ~ 7 ~ ~ ~l ~~,.. , ~ ~~ ~ ~ ~b~ ~~~ LEGEND ~\~~ ~ ? ~~ ~~ r ~'"?~--^-= n,B,c.E.R Single Family Residential ~~~~ ~ ~ M ~~ ~' ~~ ~ City Park ~~~, ~; Multi-Family Residential `~ !~ o ~~ ~~ n ~ Town Center ~~~ ~ ~~Y; ~~r, - ~~f~assrva "~ ~~ ~ OSt L k2 ~~ ~ ~_ ~ LakefrDnf Pa~k_ . '~ ~ 0 ~~ Ele_mentary School a,tt ` Commercial Village ~ ~, ~ - ~-~~_ . ~~ I ~. urn matt "i,R Office/Residential GazeboO Nat~r~lrad ~r,r s~~r.ati ~ Ca.}, ~ Institutional/Church Lake Fetter Community Facility ~~ ~~~~ei rn~, ~,, - t - o Passive Community Park M (Approzimata) City Park ~ ~___ oo~~/ ~ ~ ---w-.. Pedestrian/Bike Trail Rj WHIDDEN and N _ ASSOCIATES, INC. Th e q u a 9 i tg o f th i s image UND PLANNERS AND DEVELOPMENT CONSULTANTS is equivalent to the quality cif the original ~od;~=rnent. i ... ' 415 416 • 417 418 419 • • s a Exhibit 3 Development Summary 420 421 422 423 424 425 426 Component, General Land Use d P l B kd FAC. Phase 1 Phase 2 Total an arce rea own Acres Unltslsf Acres Unlts/sf Acres Unttslsf RPO Professional Office 28-24.020 5.525 52,500 sf 12.45 83,250 sf 17.7 (1) 135,750 sf Parcels H b R RES A SF Residential 26-24.023 NA 50 du NA 50 du 36.6 100 du B SF Residential NA 60 du NA 21 du 44.9 81 du C SF Residential NA 64 du NA 37 du 20.0 101 du D MF Residential NA 300 du NA 0 25.4 300 du E SF Residential NA 135 du NA 0 44,5 135 du F SF Residential " NA 91 du NA 0 34.9 91 du G MF Residential NA 300 du NA 0 25.0 300 du CV Commercial 28-24.025 33.0 234,000 sf 18.0 234,000 sf 51.0 468,000 sf Parcels J & K retail-services TC Commercial 28-24.025 0 0 70 70,000 sf 7.0 70,000 sf Parcel L retail-services ROS Recreation and NA NA 40.9 ac 0 0 Parcels 0 & M open space NA 40.9 ac CF Community 28-24.016 Parcel N Facility NA 0 NA 1.0 ac NA 1.0 ac Worship Church, Day Care, 28-24.024 0 0 5.0 NA 5.0 NA Parcel I School 427 Source: Rj Whidden and Associates, Inc. Footnotes: (1) Proposed for mitigation (2) Includes Lake Falter Passive Park Note: (3) Acreage columns shown for informational purposes only 'fl tie quality of this image is equivalent t© the qua6t3~ 7 J3 ~ih Ji'9~]?1;31 ~s~~^c~~;. Fa•; H.. 13 Exhibit 4 w a m `w o° m h b' ~ ~+ C7 c • 6 U p 6' ~ lL n? ~ ~ Y J .~ a N a p m h n' O m ~ C O Iti CS O O Z M ~_ ~a' cmD, ~ o `~ ~~ F3 S i O ^ N lV C IL C Y U " 4 ~, w m~ m a m w M s7 ~~ W ~~ i c o~ r o g o 0 a° ~ tu. r E cm ~ G V Y 4' t] U ~ a~D, m S ~ O N O C] ~ ~ r d O ~Y.r p p ~N w O Q O N N O O v s ~~ o 0 0 0 `s i LL o , Y U ~ O N CNY O O O O .- C O C C C • U X n ~ ~. H A ~ M Y O m m 1~ CND ` 1_ 77 ^ N N N Q • .C ~ m ,b o av pp T O m N h m ON, O 6 ~ C ao a3 .- p w ~ LL ~ ~ O 7 ~ ~ y ~. C aD _~ ~s s ass `~ ~ ~ ~ m ~ m m . • • o m r r u _a ~D m m • w • e ° ° c°v Pv ° `~ ~ ,~ 7 V N~ m m n .r a n N • ~ e a U v t ~ o ~ ~ E E v ~ E i ~ ~ m },. V U w tt ~ ~ ~ ~ ~ ~ ~ . ,~ a 0 ~ ~ ~ ~ ~ r WfQ ffgLLq ~ ~ C ~ ?G Y ]~L Y Y r F Z • a i a The quality oftF~AS lmag~;~ is equivalent tc~ the qualit>• tzf the original ~tc?c~n~ent m m n ~ ° ~ °o W o $ '~ m `o N a ~ a ~ C a r ~ ~ N o a r_$~ W m F- ~ 4 m ~ it m ~ a c ~yg j _m' a E 9 ~ m ~ ~ ~ a F. w ~ ~ ~ ~ ~ ~ u A 0