Ordinance No. 2022-042INSTRUMENT#: 2022131288 OR BK 6032 PG 1991 PAGES: 11 10/4/2022 3:08:41 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $95.00
Q
CITY OF CLERMONT
C ORDINANCE NO.2022-042
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.
The City Council of the City of Clermont, Lake County, Florida hereby ordains that:
SECTION 1.
The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122
of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following
described property:
LEGAL DESCRIPTION:
PARCEL 1 (ID 09-22-26-1205-039-00000)
THE NORTHEAST/4 OF THE NORTHWEST''/4 OF THE SOUTHWEST %4 OF SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39,
ACCORDING TO THE PLAT THEREOF OF THE LAKE HIGHLANDS COMPANY, FILED
ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT FROM THE ABOVE LANDS, THAT PORTION CONVEYED TO
LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY VIRTUE
OF THAT CERTAIN STATUTORY WARRANTY DEED RECORDED FEBRUARY 10, 2003
IN OFFICIAL RECORDS BOOK 2257, PAGE 1297, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTHEAST''/4 OF THE NORTHWEST %4 OF THE SOUTHWEST'/4 OF SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39,
ACCORDING TO THE PLAT OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH
2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA.
LYING WITHIN 50 FEET EACH SIDE (100 FEET TOTAL) OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGIN AT AN ALUMINUM PLAT STAMPED "TOWNSHIP 22 SOUTH, RANGE 26 EAST,
30/29, D.O.T., 10-28-73", SAID POINT BEING THE WEST %4 CORNER OF SECTION 29,
TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH 88 DEGREES 26 MINUTES 40
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1992 PAGE 2 of 11
,c.
CLER CITY OF CLERMONT
0-rcl-vwbu ORDINANCE N0. 2022-042
SECONDS EAST, ALONG THE EAST -WEST CENTER OF SECTION LINE OF SAID
SECTION 29, A DISTANCE OF 5248.28 FEET, TO THE POINT OF CURVATURE OF A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083.00 FEET AND A
CENTRAL ANGLE OF 1 DEGREES 44 MINUTES 27 SECONDS; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 63.29 FEET, TO THE POINT OF
TANGENCY THEREOF; THENCE NORTH 89 DEGREES 48 MINUTES 53 SECONDS EAST,
A DISTANCE OF 1340.32 FEET, TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL
ANGLE OF 37 DEGREES 55 MINUTES 13 SECONDS; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 860.38 FEET, TO A POINT OF
REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS
OF 1700.00 FEET AND A CENTRAL ANGLE OF 67 DEGREES 44 MINUTES 14 SECONDS;
THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE 2009.80 FEET,
TO THE POINT OF TANGENCY THEREOF, THENCE SOUTH 60 DEGREES 22 MINUTES
06 SECONDS EAST, A DISTANCE OF 457.88 FEET, TO THE POINT OF CURVATURE OF
A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300.00 FEET AND A
CENTRAL ANGLE OF 29 DEGREES 42 MINUTES 17 SECONDS; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 673.98 FEET,
TO THE POINT OF TANGENCY THEREOF, THENCE NORTH 89 DEGREES 55 MINUTES
37 SECONDS EAST, A DISTANCE OF 173.56 FEET TO A POINT ON THE EAST LINE OF
THE NORTHEAST''/< OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AND THE
POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, SAID POINT BEING
NORTH 01 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 8.25 FEET
FROM THE EAST''/. CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST.
TOGETHER WITH
PARCEL 2 (IDS 09-22-26-1205-038-00000, 28-22-26-0003-000-00400 AND 28-22-26-0003-
000-00600)
THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK
2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS
COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT
WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST
ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE
NORTHERLY LINE OF GREAT PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE
80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN
PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR
1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST
ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS
COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE
NORTH 89049'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE
SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1993 PAGE 3 of 11
CLEA4 CITY OF CLERMONT
„-r-- 1,.:;-: ORDINANCE NO.2022-042
AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST
LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF HOOK STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE
FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON
THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89°48'50" EAST ALONG SAID
NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED
TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830-
833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING
FOUR COURSES: SOUTH 22°56'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A
RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE
ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05°50'49" FOR 209.57 FEET;
THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE
BEARS SOUTH 76058' 15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC
THEREOF, THROUGH A CENTRAL ANGLE OF 03°14'30" FOR 92.23 FEET; THENCE
DEPARTING SAID WESTERLY LINE, SOUTH 89049'40" WEST FOR 756.48 FEET TO THE
WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT;
THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43
FOR 370.92 FEET TO THE POINT OF BEGINNING.
LOCATION:
Vacant property southwest of Excalibur Road and Hooks Street Intersection,
East of Paloma Road and adjacent to East Ridge Middle School
Approx. 26.25 +/- Acres
Alternate Keys 1103908, 3801505, 3815507, I071194
moon at
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East Ridge
High School
East Ridge
Middle School
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INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1994 PAGE 4 of 11
CITY OF CLERMONT
ORDINANCE NO.2022-042
PROPERTY REZONING
To amend PUD Ordinance 2021-015 to expand and amend the previously approved site
plan, which includes additional acreage and additional apartment units.
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a multi -family residential Planned
Unit Development; be granted subject to the following conditions:
1. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with Exhibit A, Clermont Hills
Apartments, LLC Conceptual Site Plan, prepared by VHB with a latest issue date of August
24, 2022. Formal construction plans incorporating all conditions stated in this permit shall
be submitted for review and approved by the Site Review Committee prior to the issuance
of a zoning clearance or other development permits.
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director will work with the developer at the time of site plan review to
determine the extent of fiber optic conduit.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
A total of up to 312 multi -family dwelling units (d.u.) may be permitted on the site, not to
exceed a base density of 12 dwelling units/acre.
2. Building setbacks shall be 25 feet from the property lines.
Maximum building height shall be up to 55 feet, measured at the highest point.
4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet
maximum fill up to 10% of the project site, as shown on the cut and fill Exhibit B — Grading
Plan Variance prepared by HALFF, dated October 2020. These elevation changes will be
submitted to the City Engineer at the time of final engineering.
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1995 PAGE 5 of 11
CIE
amacu..e�.
CPTY OF CLERMONT
ORDINANCE NO.2022-042
Individual retaining wall height up to 6 feet in height are permitted to deal with grade
changes on the perimeter of the project and in the stormwater pond. A minimum 5-foot
transition shall be required between the walls with landscaping incorporated within the
terracing of the exterior perimeter wall sections.
6. Trash compacters may be substituted for dumpsters for the project if the Applicant can
demonstrate it can sufficiently meet the waste demands for the project.
7. The project will be gated and the internal streets will be privately owned and maintained
by the HOA, owner, or developer.
8. The buildings shall be constructed in a manner that closely resembles the architectural style
and elevations as presented at the end of this ordinance, Exhibit C, and shall meet the City
of Clermont's Architectural Standards.
9. If required by Lake County, the developer shall participate in proportionate share
mitigation for improvements to two segments that are over capacity — SR 50 from Hancock
Road to CR 455 and Hancock Road from Hooks Street to Johns Lake Road. This will be
coordinated with Lake County at the time improvements are considered.
10. The development shall comply with all applicable County and Florida Department of
Transportation access management requirements. The primary full access connection to
the Project shall be off Hooks Street and an exclusive ingress left -turn lane and right -turn
lane shall be constructed. A secured emergency access point shall be off of Excalibur Road
and will only be used by emergency personnel in emergency situations.
11. Additional right-of-way may be required for offsite improvements and the sidewalk. This
dedication shall be made at no cost to the County or the City.
12. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of
Occupancy.
13. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated in this PUD.
14. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code. Subject to approval by the School
District, a school bus pick up and drop off location for residents of the project shall be
internal to the development.
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1996 PAGE 6 of 11
�LERI"141�
CITY OF CLERMONT
ORDINANCE NO.2022-042
15. All leases for units in the project shall be for a minimum of one year and all tenants shall
sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any
apartment, all proposed tenants shall undergo criminal background checks.
Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons
that appear in a criminal background check:
a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque)
b. Federal, Felony, & Sex Offender will Fail for all years
C. Misdemeanor Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify.
d. Unclassified Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify. (All unclassified crimes from the Department of Corrections
will fail)
16. A six (6) foot decorative fence will be installed, per applicable City code, along all property
lines of the project.
17. In addition to all other landscaping required by City code, an additional visual buffer is
required providing vegetative buffering on the interior of the fencing facing toward the
Project, and along the project property lines abutting the shared East Ridge Middle School
property lines.
18. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plan approval stage of the overall development. 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.
19. The property management office shall prominently display a notification sign informing
potential tenants of the sounds resulting from activities by the adjacent schools, such as but
not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign
shall be a minimum of 1Iinches x17 inches. In addition, as part of the rental contract,
similar wording shall also be included that the applicant acknowledges.
20. The proposed amenities, including secondary amenities shown on page 2 of the Clermont
Hills Apartments, LLC Conceptual Site Plan, shall be constructed in substantial accordance
as shown. The amenities shall be open prior to the final certificate of occupancy of the last
apartment building.
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1997 PAGE 7 of 11
CITY OF CLERMONT
ORDINANCE NO.2022-042
21. This Planned Unit Development shall expire if all development actions authorized or
required hereunder are not taken within a period of two (2) years of the date that this
Planned Unit Development is approved by the City Council and becomes legally effective.
If the Planned Unit Development becomes null and void, a new application for a PUD shall
be required in order to develop the property.
SECTION 4: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida at the Developer's
expense.
SECTION 8: 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# 2022131288 OR BOOK 6032/PAGE 1998 PAGE 8 of 11
CITY OF CLERMONT
ORDINANCE NO.2022-042
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
this 27`h day of September 2022.
ATTEST:
CITY OF CLERMONT
Tim Murry, May
Tracy Ackroyd owe, MMC
City Clerk
to foJ m and legality:
INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 1999 PAGE 9 of 11
CLER
CITY OF CLERMONT
ORDINANCE NO.2022-042
EXHIBIT A
Conceptual Site Plan
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EXHIBIT B
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INSTRUMENT# 2022131288 OR BOOK 6032/PAGE 2001 PAGE 11 of 11
O
CE_ _RI`i
CJTY OF CLERMONT
ORDINANCE NO.2022-042
EXHIBIT D
Short Term Rental Addendum:
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d'
CLER1" �ONT CITY OF CLERMONT
ORDINANCE NO.2022-042
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.
The City Council of the City of Clermont, Lake County, Florida hereby ordains that:
SECTION 1.
The Official Zoning Map of the City of Clermont, Lake County, Florida referred to in Chapter 122
of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following
described property:
LEGAL DESCRIPTION:
PARCEL 1 (ID 09-22-26-1205-039-00000)
THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE SOUTHWEST'/4 OF SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39,
ACCORDING TO THE PLAT THEREOF OF THE LAKE HIGHLANDS COMPANY, FILED
ON MARCH 2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT FROM THE ABOVE LANDS, THAT PORTION CONVEYED TO
LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY VIRTUE
OF THAT CERTAIN STATUTORY WARRANTY DEED RECORDED FEBRUARY 10, 2003
IN OFFICIAL RECORDS BOOK 2257, PAGE 1297, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL:
THE NORTHEAST %4 OF THE NORTHWEST '/4 OF THE SOUTHWEST'/4 OF SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, OTHERWISE DESCRIBED AS TRACT 39,
ACCORDING TO THE PLAT OF THE LAKE HIGHLANDS COMPANY, FILED ON MARCH
2, 1914, AND RECORDED IN PLAT BOOK 2, PAGE 28, OF THE PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA.
LYING WITHIN 50 FEET EACH SIDE (100 FEET TOTAL) OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGIN AT AN ALUMINUM PLAT STAMPED "TOWNSHIP 22 SOUTH, RANGE 26 EAST,
30/29, D.O.T., 10-28-73", SAID POINT BEING THE WEST %4 CORNER OF SECTION 29,
TOWNSHIP 22 SOUTH, RANGE 26 EAST; THENCE SOUTH 88 DEGREES 26 MINUTES 40
CLEMONT CITY OF CLERMONT
ORDINANCE NO.2022-042
SECONDS EAST, ALONG THE EAST -WEST CENTER OF SECTION LINE OF SAID
SECTION 29, A DISTANCE OF 5248.28 FEET, TO THE POINT OF CURVATURE OF A
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2083.00 FEET AND A
CENTRAL ANGLE OF 1 DEGREES 44 MINUTES 27 SECONDS; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 63.29 FEET, TO THE POINT OF
TANGENCY THEREOF; THENCE NORTH 89 DEGREES 48 MINUTES 53 SECONDS EAST,
A DISTANCE OF 1340.32 FEET, TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET AND A CENTRAL
ANGLE OF 37 DEGREES 55 MINUTES 13 SECONDS; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 860.38 FEET, TO A POINT OF
REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS
OF 1700.00 FEET AND A CENTRAL ANGLE OF 67 DEGREES 44 MINUTES 14 SECONDS;
THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE 2009.80 FEET,
TO THE POINT OF TANGENCY THEREOF, THENCE SOUTH 60 DEGREES 22 MINUTES
06 SECONDS EAST, A DISTANCE OF 457.88 FEET, TO THE POINT OF CURVATURE OF
A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1300.00 FEET AND A
CENTRAL ANGLE OF 29 DEGREES 42 MINUTES 17 SECONDS; THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 673.98 FEET,
TO THE POINT OF TANGENCY THEREOF, THENCE NORTH 89 DEGREES 55 MINUTES
37 SECONDS EAST, A DISTANCE OF 173.56 FEET TO A POINT ON THE EAST LINE OF
THE NORTHEAST '/. OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AND THE
POINT OF TERMINATION OF THIS CENTERLINE DESCRIPTION, SAID POINT BEING
NORTH 01 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 8.25 FEET
FROM THE EAST '/a CORNER OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST.
TOGETHER WITH
PARCEL 2 (IDS 09-22-26-1205-038-00000, 28-22-26-0003-000-00400 AND 28-22-26-0003-
000-00600)
THAT PART OF TRACTS 37, 38, 43 AND 44 OF LAKE HIGHLANDS COMPANY PLAT IN
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK
2, PAGE 28 OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT 53 OF SAID LAKE HIGHLANDS
COMPANY PLAT (SAID POINT ALSO BEING ON THE CENTERLINE OF A 30.00 FOOT
WIDE RIGHT OF WAY AS SHOWN ON SAID PLAT); THENCE SOUTH 89°51'04" WEST
ALONG THE SOUTHERLY LINE OF TRACTS 53, 54 AND 55 (ALSO BEING THE
NORTHERLY LINE OF GREAT PINES PHASE 9, AS RECORDED IN PLAT BOOK 48, PAGE
80 AND THE NORTHERLY LINE OF GREATER PINES PHASE 10, AS RECORDED IN
PLAT BOOK 48, PAGE 83, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA) FOR
1968.84 FEET TO THE WEST LINE OF SAID TRACT 55; THENCE NORTH 00°12'38" EAST
ALONG THE WEST LINE OF TRACTS 55 AND 42 OF SAID LAKE HIGHLANDS
COMPANY PLAT, FOR 1326.74 FEET TO THE NORTH LINE OF SAID TRACT 42; THENCE
NORTH 89049'40" EAST ALONG THE SAID NORTH LINE FOR 659.27 TO THE
SOUTHWEST CORNER OF TRACT 38 OF SAID LAKE HIGHLANDS COMPANY PLAT
CLER ' CITY OF CLERMONT
C�.f ORDINANCE NO.2022-042
AND THE POINT OF BEGINNING; THENCE NORTH 00°20'02" EAST ALONG THE WEST
LINE OF SAID TRACT 38 FOR 613.51 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF HOOK STREET; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE
FOLLOWING TWO COURSES: NORTH 89°48'50" EAST FOR 51.62 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 1350.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15038'08" FOR A DISTANCE OF 368.40 FEET TO A POINT ON
THE NORTH LINE OF SAID TRACT 38; THENCE NORTH 89°48'50" EAST ALONG SAID
NORTH LINE 158.69 FEET TO THE WESTERLY LINE OF THE PROPERTY CONVEYED
TO LAKE COUNTY AND DESCRIBED IN OFFICIAL RECORDS BOOK 2574, PAGES 830-
833 FOR STEVE'S ROAD; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING
FOUR COURSES: SOUTH 22056'53" EAST FOR 440.88 FEET TO A POINT ON A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 2053.62 FEET TO WHICH A
RADIAL LINE BEARS NORTH 76005'45" EAST, THENCE RUN SOUTHERLY ALONG THE
ARC THEREOF, THROUGH A CENTRAL ANGLE OF 05°50'49" FOR 209.57 FEET;
THENCE SOUTH 02001'00" WEST FOR 333.32 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 1630.11 FEET TO WHICH A RADIAL LINE
BEARS SOUTH 76058' 15" EAST, THENCE RUN SOUTHERLY ALONG THE ARC
THEREOF, THROUGH A CENTRAL ANGLE OF 03°14'30" FOR 92.23 FEET; THENCE
DEPARTING SAID WESTERLY LINE, SOUTH 89°49'40" WEST FOR 756.48 FEET TO THE
WESTERLY LINE OF TRACT 43 OF SAID LAKE HIGHLANDS COMPANY PLAT;
THENCE NORTH 00020'02" EAST ALONG THE SAID WESTERLY LINE OF TRACT 43
FOR 370.92 FEET TO THE POINT OF BEGINNING.
LOCATION:
Vacant property southwest of Excalibur Road and Hooks Street Intersection,
East of Paloma Road and adjacent to East Ridge Middle School
Approx. 26.25 +/- Acres
Alternate Keys 1103908, 3801505, 3815507, 1071194
East Ridge
High School
East Ridge
Middle School
LL/, EXCALIBUR RD
k1. LAKE DR
41
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EERY C I H
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CITY OF CLERMONT
ALE ORDINANCE NO.2022-042
PROPERTY REZONING
To amend PUD Ordinance 2021-015 to expand and amend the previously approved site
plan, which includes additional acreage and additional apartment units.
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a multi -family residential Planned
Unit Development; be granted subject to the following conditions:
1. The conditions as set forth in this Planned Unit Development shall be legally binding upon
any heirs, assigns and successors in title or interest.
2. The property shall be developed in substantial accordance with Exhibit A, Clermont Hills
Apartments, LLC Conceptual Site Plan, prepared by VHB with a latest issue date of August
24, 2022. Formal construction plans incorporating all conditions stated in this permit shall
be submitted for review and approved by the Site Review Committee prior to the issuance
of a zoning clearance or other development permits.
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
utility easements to extend the City's fiber optic network. The City's Information
Technology Director will work with the developer at the time of site plan review to
determine the extent of fiber optic conduit.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
1. A total of up to 312 multi -family dwelling units (d.u.) may be permitted on the site, not to
exceed a base density of 12 dwelling units/acre.
2. Building setbacks shall be 25 feet from the property lines.
3. Maximum building height shall be up to 55 feet, measured at the highest point.
4. The project may have elevation changes of up to 13 feet maximum cut and 13 feet
maximum fill up to 10% of the project site, as shown on the cut and fill Exhibit B — Grading
Plan Variance prepared by HALFF, dated October 2020. These elevation changes will be
submitted to the City Engineer at the time of final engineering.
CLER �T
CITY OF CLERMONT
�.� ORDINANCE NO.2022-042
Individual retaining wall height up to 6 feet in height are permitted to deal with grade
changes on the perimeter of the project and in the stormwater pond. A minimum 5-foot
transition shall be required between the walls with landscaping incorporated within the
terracing of the exterior perimeter wall sections.
6. Trash compacters may be substituted for dumpsters for the project if the Applicant can
demonstrate it can sufficiently meet the waste demands for the project.
7. The project will be gated and the internal streets will be privately owned and maintained
by the HOA, owner, or developer.
8. The buildings shall be constructed in a manner that closely resembles the architectural style
and elevations as presented at the end of this ordinance, Exhibit C, and shall meet the City
of Clermont's Architectural Standards.
9. If required by Lake County, the developer shall participate in proportionate share
mitigation for improvements to two segments that are over capacity — SR 50 from Hancock
Road to CR 455 and Hancock Road from Hooks Street to Johns Lake Road. This will be
coordinated with Lake County at the time improvements are considered.
10. The development shall comply with all applicable County and Florida Department of
Transportation access management requirements. The primary full access connection to
the Project shall be off Hooks Street and an exclusive ingress left -turn lane and right -turn
lane shall be constructed. A secured emergency access point shall be off of Excalibur Road
and will only be used by emergency personnel in emergency situations.
11. Additional right-of-way may be required for offsite improvements and the sidewalk. This
dedication shall be made at no cost to the County or the City.
12. The Developer shall install sidewalks along Excalibur Road prior to first Certificate of
Occupancy.
13. The project shall be developed according to the C-2 General Commercial zoning
designation in the Land Development Code, unless expressly stated in this PUD.
14. School concurrency shall be met before final site plan approval in accordance with the
Comprehensive Plan and Land Development Code. Subject to approval by the School
District, a school bus pick up and drop off location for residents of the project shall be
internal to the development.
d
' CITY OF CLERMONT
CAE f- ORDINANCE NO.2022-042
15. All leases for units in the project shall be for a minimum of one year and all tenants shall
sign the attached Short -Term Subletting or Rental Addendum. Prior to leasing to any
apartment, all proposed tenants shall undergo criminal background checks.
Developer/Owner agrees to follow the protocol below in rejecting any tenants for reasons
that appear in a criminal background check:
a. Criminal — Exclude all Non -Convictions (i.e. Dismissed or Nolle Proseque)
b. Federal, Felony, & Sex Offender will Fail for all years
C. Misdemeanor Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify.
d. Unclassified Crimes will Fail the following categories for all years: Violence
Crimes, Family Relations Crimes, Weapons, Organized Crimes, Sex Crimes and
Unable to Classify. (All unclassified crimes from the Department of Corrections
will fail)
16. A six (6) foot decorative fence will be installed, per applicable City code, along all property
lines of the project.
17. In addition to all other landscaping required by City code, an additional visual buffer is
required providing vegetative buffering on the interior of the fencing facing toward the
Project, and along the project property lines abutting the shared East Ridge Middle School
property lines.
18. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plan approval stage of the overall development. 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.
19. The property management office shall prominently display a notification sign informing
potential tenants of the sounds resulting from activities by the adjacent schools, such as but
not limited to; daytime PE classes, night games, bands playing, bus noise, etc. The sign
shall be a minimum of 11 inches x 17 inches. In addition, as part of the rental contract,
similar wording shall also be included that the applicant acknowledges.
20. The proposed amenities, including secondary amenities shown on page 2 of the Clermont
Hills Apartments, LLC Conceptual Site Plan, shall be constructed in substantial accordance
as shown. The amenities shall be open prior to the final certificate of occupancy of the last
apartment building.
C�ER - CITY OF CLERMONT
,,
Ch.- fChp.. ORDINANCE NO.2022-042
21. This Planned Unit Development shall expire if all development actions authorized or
required hereunder are not taken within a period of two (2) years of the date that this
Planned Unit Development is approved by the City Council and becomes legally effective.
If the Planned Unit Development becomes null and void, a new application for a PUD shall
be required in order to develop the property.
SECTION 4: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida at the Developer's
expense.
SECTION 8: 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.
CLERWL%rr CITY OF CLERMONT
ORDINANCE NO.2022-042
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
d pn this 27 h day of September 2022.
^► ` CITY OF CLERMONT
emu."✓
Tim Murry, Ma r
ATTEST:
3W-1�4v
Trac`Y-'AckroyMFlowe, MMC
City Clerk
C•
LE
CITY OF CLERMONT
ORDINANCE NO.2022-042
ND0.TS srxrn -
EXHIBIT A
Conceptual Site Plan
^M 1
SITE DATA
AnrRvao�s
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CONCEPTUAL SITE PLAN CLERMONT HILLS APARTMENTS, LLC Vhb
CLERMONT HILLS APARTMENTS I CITYOFCLERMDNT I FLORIDA 24, 2022
EXHIBIT B
Cut/Fill
NOTE: .--
Grading on the west CAL
parcel will meet the
requirements of the code
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CLE T
Cfnre of Chanrpio as
CITY OF CLERMONT
ORDINANCE NO.2022-042
EXHIBIT D
Short Term Rental Addendum:
ADDENDUM PROHIBITING
SHORT-TERM SUBLETTING OR RENTAL �■�
1. DWELLING UNIT DESCRIPTION.
Unit No
(street address) In
(city), Florida- /sip codr).
2. LEASE CONTRACT DESCRIPTION.
I.— Contract Data:
Owner's name:
Residents (list all residents):
This Addendum constitutes an Addendum to the above
described Lease Contract for the above dewribed p.m.—.
and Is hereby tncorparated into and made a part of such Lease
Contract. Where the terms or conditions found in this
Addendum vary ar contradict say terms or mndltlws found
Us
the Lease Contract this Addendum shall control.
1. SHORT TERM SUBLEASE OR RENTING PROHIBITED.
Without limiting the prohibition in the Lease on subletting.
assignment and licensing, and without limiting any of our
rights or remedies. this Addendum to the Lease further
suppiementa said daflnn the requirements and prohibitions
cordained In the Lease Contract bemeen You and sea. You are
hereby strictly prohibited from subletting licensing or renting
no Any third party. or Allowing oerupanry by arty third pan.
of all orany portion of the di tilling, whether for an overnight
use or duration of airy length without our prior written
consent in etch inatann. This prohibition applies to overnl1ggIn
nways or any other lays arranged on Alrbirsb.com, VR90,
Craigslist. Couchzurling, HomeAway. VacationRental.
TripAdvisor. FUpNey or arty other advertising. walui te.
internal listing service, or other similar Internet alas.
4. PROH®FITON ON LLSHNG ORADVER7ISBYG DWELLBiG ON
OVERNIGHT SUBLETTING OR RENTING WEBSrM.
You agree not to list cr advertise the dwelling as being available
for short term subletting or rectal or Occupancy by others on
Alrbnb.cons VRBO. Cralpllst CouchsucfL g. HomeAway.
Vanntallental. TripAdviaor, Flipgey Or any other advertising
website, hitwuK listing service. or similar mternet "Isntes,
You agree that lbttng or advertising the dwelling on
Air1mb.com. VRBO. Cralgsllet Couchsinfing, HumeAw-ay.
VaotionRenal. TripAdvlsar, Plipgey ar any Other advertaing,
website. Internet, listing service. or similar Internet websltes
,hall be a violation of this Addendum and a breach of your
Line Contract
Resident or Reside.m
'AII" dents mustsrgn)
S. VIOLATION OF LEASE AGREEMENT. Your Lease Contract
allows for use of your dwelling as a private residence only
and etrludy proldbita conducting any kind of businem in.
from or inv Aving ymir dwelling seems oVmny permitted
by law. Separately, your Lease Contract prohibits subletting
or —Pa.- by others of the dwelling far any period oftime
without our prior written cannot. Permitting your dwelling
to be used far any subletting or rental or occuipancy, by others
(India ng without Uni talon. far a start tam). milardless
of the value of consideration received or If no consideration
Is recewd. Is a violation and breach of this Addendum and
your Lease Contract.
6. REMEDY FOR VIOLATION. Any violation ofthls Addendum
constitutes a material violation of the Lease Contract and m
such we may oserchie any default remedies permitted In the
Lease Contract including termmatlon of ycur teriancy, it
accordance with local law. This clause shall no be interpreted
ro restrict our rights to terminate your tenancy for any lawful
rwsnn. or by any lawful method.
7, RESIDENT LIABILITY. You are responsible for and shall
be held liable for any and all lotus, damages, and)o Ones
that we tMur As A ..it of your v lmi.rs of the arms of this
Addendum or rna Lease t'nntraA. Further. you agree you are
responsible for and shall be held Rattle for any andaU actlosrs
of any persan(s) who occupy your dwelling In violation of the
terms of this Addendum or the Lease Contract. including. but,
not limited to. property damage. personal injury. disturbance
of other residents, and violence or anempted violence to
another person. In w criance with applicable law, without
Iimhing your Ilabllsty you agree we shall have the right to
collect against any rimer s or liability insurance policy
maintained try yuu far any inane or damages that we incur
as the result of any violation of the terms of this Addendum.
8. SEVERABD.M. If any provision of this Addendum or
the Lean Contract
is invalid or unenforceable under applicable
law, such provision shall be Ineffective to the eatrm of such
invalidity or a enfomeability only without invalidating or
otherwise affecting the remainder of this Addendum or the
Lease Contract The court snail Interpret the Lease and
provisions herein In a manner such m to uphold the valid
portions al ibis Addendum while p—.Mng the intent of the
peris-
9. SPECIAL PROVISIONS. The following special provisoes
control over conflicting provisions of this printed form:
owrr w Divines Repreaesstative
(Sir.15.1 w)
Data u(Signing Addeadas
0 2e24 Nwseel Awrm+e It es z«teaee tar. � 7/10Ie. rbede 0