Ordinance No. 2022-011INSTRUMENT#: 2022142778 OR BK 6046 PG 1440 PAGES: 35 10/31/2022 12:52:09 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $299.00
CIFY OF CLERMONT
CLEF;3-W
��,.r. ORDINANCE NO.2022-011
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:
PARCELI:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH
OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS
FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A
POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE
NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF
SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24;
RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF
THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST
TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET
SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY
TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24;
THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,
1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE
NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND
RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING
WITHIN AFORESAID RIGHT-OF-WAY.
PARCEL 2:
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15
FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1441 PAGE 2 of 35
fc-
' CITY OF CLERMONT
C%,_o,;.;ORDINANCE NO.2022-011
AND
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
/:��Ti:
THE NORTH 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4, AND THE NORTH
1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH
1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING
NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE
OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF
THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
ROSS PARCELS
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15
FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN
TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
FABRY PARCEL 1
ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF
WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE
NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN
THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH
LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND
SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4
CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF
THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID
EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE
EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1442 PAGE 3 of 35
ro-
CLERONT CITY OF CLERMONT
117ORDINANCE NO.2022-011
1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE
SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID
SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24,
THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND
BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF
WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE
AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY,
FLORIDA.
FABRY PARCEL 2
WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR
ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET
SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE
26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF
THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE
NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF
THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST
BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH
ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20
FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID
SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24,
THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE
OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE
OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS
LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT
AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS
LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN
LAKE COUNTY, FLORIDA.
PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50
ACRES MORE OR LESS
LOCATION:
3 miles east of Schofield Road and US Hwy 27 intersection
West of the Orange County line, adjacent to McKinney Road
Approx. 304 +/- Acres
Alternate Keys 1029198, 2689919, 1122848, 1070970, 1029201, 1594545
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1443 PAGE 4 of 35
cLE;
CITY OF CLERMONT
ORDINANCE NO.2022-011
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PROPERTY REZONING
From: Lake County Agriculture
To: City of Clermont (PUD) Planned Unit Development
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a 952 lot single-family residential
subdivision on the property described above (hereinafter the "Property") with up to 198,634 square
feet of center/commercial uses; 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.
The Property shall be developed in substantial accordance with Attachment A: Chicone
PUD Land Use Plan, prepared by VHB with a latest issue date of Sept 1, 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.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1444 PAGE 5 of 35
C�
CITY OF CLERMONT
C J ORDINANCE NO.2022-011
3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. Fiber optic conduit and pull boxes shall be installed by the developer in the utility
easements, if required by the City, to extend the City's fiber optic network. The City's
Information Technology Director will work with the developer at the time of site plan
review to determine the extent of fiber optic conduit.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
This application for a Planned Unit Development to allow for single-family residential
development and commercial uses be granted subject to the following conditions:
The project may be developed in multiple phases. The project shall be developed according
to the Neighborhood District in the Comprehensive Plan and Wellness Way Community
Guidelines and Standards, unless expressly stated within this PUD. Conflicts or omissions
will be addressed according to Section 1.6 of the Wellness Way Community Guidelines
and Standards.
2. The project will be constructed to the Wellness Way Neighborhood Standards contained
in the City's Comprehensive Plan and Wellness Way Community Guidelines and
Standards, as referenced in Section 122-295 of the Land Development Code, as may be
amended from time to time. The project is based upon the Wellness Way Policy 2.3.2 that
requires the following:
Total Property Area
(TPA)
303.5 Acres
Open Space
30%
91.1 Acres
Center
5%
15.2 Acres
Residential
65%
197.3 Acres
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1445 PAGE 6 of 35
CTIY OF CLERMONT
i ORDINANCE NO.2022-011
3. The Residential Program will be developed according to the table below:
Wellness Way Area Program
711 dwelling units
Policy 2.9.1 Density Bonus
(49.8 acres of donated ROW x 2 du/acre)
99 dwelling units
Policy 2.3.2 Density Bonus
(711 du x 20% for Community Benefit)
142 dwelling units
Total Maximum Residential Units
952 dwelling units
4. Parcel 4 and Parcel 5, as indicated on Sheet C-6, Master Plan, shall have only four total
residential dwelling units. Until such time as requested by the City, solid waste services
required on Parcel 4 and Parcel 5 (Fabry) shall continue to be served by designated
franchisee or private provider. A gated access point for emergency and service personnel
shall be installed at a connection point determined by the City for access to the private
access drive serving Parcel 4 & Parcel 5 from the new internal roadway. The gate shall be
installed at the time the internal roadway is completed and shall only be used for emergency
and City services.
5. The Developer shall enter into a Community Benefit agreement with the City in order to
receive a Density Bonus as set forth in Policy 2.3.2. The Community Benefit agreement
shall be in the as set forth in Attachment B, attached hereto and, upon execution, the terms
and conditions thereof, shall be incorporated herein and made a part hereof. The
Community Benefit Agreement shall provide that the Developer shall pay to the City the
sum of $15,000 per each bonus unit up to 142 total units to fund the construction of a fire
station by the City.
6. The Center Program uses, according to Table 2.2.2 for the Neighborhood District in the
Wellness Way Community Guidelines and Standards, will be developed according to the
table below:
Center Acres 15.2 Acres
Floor Area Ratio Maximum 0.30
Total Maximum Center Program Uses 198,634 square feet
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1446 PAGE 7 of 35
CLERW CITY OF CLERMONT
ORDINANCE NO.2022-011
7. Open Space shall consist of 91.1 acres, in which 60.7 acres will be used for Wellness Space
and the remaining 30.3 acres for Green Space. All Open Space shall be open to the public
consistent with Section 4.1.3 of the Wellness Way Community Guidelines and Standards.
The Developer shall demonstrate compliance with Section 4 of the Wellness Way
Community Guidelines and Standards at time of final site plan/platting approval. Open
Space within each platted phase shall be open and accessible to the public.
8. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plan approval stage of the overall project and prior to any
development activities. Applicable permits for any gopher tortoises and associated burrow
commensal species or other endangered species found on the property must be received
from the appropriate regulatory agencies prior to the initiation of the development activity.
9. The project may have elevation changes over 10 feet of cut/fill on 18.7% or 56.66 acres of
the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Chicone PUD Land Use
Plan. These changes will be submitted to the City Engineer for review and approval at the
time of final engineering.
10. Development Standards: Development standards for the development of the residential
dwelling units shall be based on the size of the lot, as indicated in the table below.
Residential Development Standards
Single Family
Attached
Dwelling Units
(Townhomes)
Single Family Detached
Dwelling Units
Rear Loaded
Front Loaded
Minimum Lot Width
20 R
34 ft
50 ft
Minimum Living Area (square feet)
1,000
1,200
1,500
Minimum Lot Depth
100 ft
110 ft
120 ft
Minimum Front Building Setback (front
load/rear load
20 W15 ft
15 ft
20 ft
Minimum Front Porch Setback
8 ft
8 ft
8 ft
Minimum Garage Setback (front/rear)
(measured from edge of pavement)
20 ft/3 ft
3 ft
25 ft
Minimum Side Yard Setback
0 ft/5 ft (end units)
5 ft
5 ft
Setback From Side Street
loft
loft
loft
Minimum Rear Yard Setback
15 ft
N/A
15 ft
Minimum Rear Yard Setback for Pools,
Patios, Decks or Ancillary Structures
5 ft
5 ft
5 ft
Rear Setback from Edge of Alley Pavement
3 ft
3 ft
N/A
Minimum Building Separation
loft
loft
loft
Maximum Impervious Surface Ratio (ISR)l
0.85
0.75
0.75
Maximum Building Height2
40 ft
40 ft
40 ft
Setback from Normal High Water Line,
25 ft
25 ft
25 ft
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1447 PAGE 8 of 35
COYR-.._
CITY OF CLERMONT
ORDINANCE NO.2022-011
Mean High Water Line, or Jurisdictional
Wetland Line
Minimum Front Yard Utility Easement
loft
loft
loft
Minimum Side and Rear Yard Drainage and
5 ft
5 ft
5 ft
Utility Easement
'The maximum allowable 1SR for the overall PUD development shall be 0.60. Individual lot
ISR may exceed 0.60 as shown in the table above as long as overall maximum is not exceeded.
2The maximum height for recreational amenity buildings shall be 55 ft.
3 Garages shall be setback a minimum of 3 feet or 20 feet from rear alley
4 Minimum side setback shall be 4 feet on lots less than 40 feet as allowed by the LDC.
11. The Center Program shall be developed according to Section 2.3 Site and Architectural
Standards for Centers within the Wellness Way Community Guidelines and Standards.
Local streets and connector roads shall follow the Wellness Way standards found in Section
3.3.1.
12. The project may have gated private streets for vehicular access as indicated on the Chicone
PUD Land Use Plan. Pedestrian and bicycle access shall be provided even if vehicular
access is gated. Non -gated streets will be public streets. All streets and sidewalks
including streets and sidewalks that may be dedicated to the public shall be maintained by
any Homeowners Association or Community Development District created for or related
to the Property or the project. For purposes herein, maintenance shall include, but not
limited to, the repair, reconstruction, resurfacing and restriping.
13. The project may have private dead-end streets that terminate with a Cul-de-Sac per City
code.
14. The project may have alleys using the Wellness Way design criteria from section 3.3.1(c).
15. The project shall be developed in accordance with the City of Clermont Utility Standards.
16. The Developer shall update the Traffic Impact Study to include the CR 455 Extension in
the regional model run to include the percentage of project trips on all segments within the
Wellness Way Regional Roadway network. This shall be completed prior to final City
Council approval of this PUD.
17. The Developer shall reserve and dedicate the proposed CR 455 right-of-way and associated
drainage for future dedication to Lake County. The cross section shall be consistent with
figure 3.2.2 (a) in Wellness Way Community Guidelines and Standards and shall consist
of a minimum of 20 foot grading, drainage, utility easements on each side of the proposed
120 foot width right of way for a total of 160 feet including easements. The dedication
shall be made to Lake County and at the time it is either requested by the City or Lake
County.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1448 PAGE 9 of 35
IQ-
CI-E CITY OF CLERMONT
----�� -� ORDINANCE NO.2022-011
18. The Developer shall enter into a Proportionate Share Transportation Impact Fee Credit
agreement or a road agreement (which may be in the form of a partial assignment of the
existing Roadway Improvement Agreement for Wellness Way and Hancock Road
Extension last executed March 23, 2021) with Lake County prior to the issuance of any
construction including mass grading, infrastructure construction or building permit, subject
to final approval by Lake County. The Agreement, at a minimum, shall require the
Developer to fund improvements for right-of-way, design, permitting, and construction of
roadways, traffic signals, intersection improvements for Transportation impact fee credits
based upon the following priorities:
i. Payment in escrow to Lake County for the acquisition of the four lane right-of-way
from Consery for Wellness Way;
ii. Design and permitting of Wellness Way from US 27 to the Orange County line as
a four lane roadway;
iii. Construction of Wellness Way from Hancock Road to the Orange County line as
the first two lanes of the ultimate four lane roadway;
iv. Payment in escrow to Lake County for the acquisition of the four lane right-of-way
from Consery for Hancock Road;
V. Design and permitting of Hancock Road from Wellness Way to the northern
boundary of the Consery property as a four lane roadway;
vi. Construction of Hancock Road from Wellness Way to the entrance of the Fuqua
project south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane
roadway;
vii. Construction of the 3rd and 4th lanes of Wellness Way from US 27 to the
Hancock/Schofield intersection;
viii. Or as stipulated in the Proportionate Share Agreement.
19. Street lighting shall be included for all Planned Unit Development internal roadways and
along Wellness Way and CR 455 adjacent to the project. The Developer shall coordinate
with the power utility provider for the installation and placement. The Developer shall be
responsible for the cost of installation, operation, and maintenance. The lighting installed
shall meet the Dark Sky standards.
20. School concurrency shall be met before final plat approval for the respective phase in
accordance with the Comprehensive Plan and Land Development Code.
21. This Planned Unit Development shall expire in the event that significant continuous
development actions authorized or required hereunder for any phase of the project do not
occur for a period of three (3) years of the date that this Planned Unit Development is
approved by the City Council and becomes legally effective. In the event of such expiration
the provisions of City Code Section 122-316 (i) as amended, shall apply.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1449 PAGE 10 of 35
CITY OF CLERMONT
ORDINANCE NO.2022-011
SECTION 4: PUBLIC SERVICES
1. The Developer shall connect to the existing City potable water and sanitary sewer systems
at connection point or points approved by the City.
2. The route of any off -site lines shall be according to engineering plans produced by the
developer and approved by the City.
3. Any proposed City -maintained utilities that are not located within a dedicated public right-
of-way shall be placed in a utility easement dedicated to the City. Easements shall be
provided at no expense to the City and in a form acceptable to the City.
4. The Developer shall be responsible for all costs of on -site and off -site potable water and
sanitary sewer systems improvements, including, but not limited to design, material,
permitting, connection and installation of sufficient size lines, lift stations, property for city
maintained facilities and other appurtenances necessary to allow the City to serve the
property.
Any existing dedicated City of Clermont utilities must stay in service throughout
construction. If the construction requires that the utilities be relocated or altered, the
Developer shall prepare plans, permit the project and construct the modification at the
Developer's expense.
6. Except for model homes, no building permits shall be issued until water and sewer are
provided to the site or until a bond or letter of credit, acceptable to the City, is in place to
guarantee completion of off -site improvements. No Certificate of Occupancy shall be
issued until water and sewer extensions have been completed and accepted by the City.
7. The City may require a looped system to provide reliability and redundancy to the property.
8. The project shall be plumbed with purple piping to irrigate all uses.
9. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and
a stormwater management plan when filing for final engineering approval. A lawfully
created Community Development District or other entity acceptable to the City, shall be
responsible for maintenance of all private stonmwater ponds and drainage systems and
improvements. Unless otherwise provided in the approved plans or plat for the Project, or
in a separate agreement approved by the City, all such improvements located on the private
property, including, streets, roads and bike or pedestrian paths, shall be maintained by the
Community Development District or other entity acceptable to the City.
11. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate
standard 10 feet building separation.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1450 PAGE 11 of 35
d
' CITY OF CLERMONT
Ci�'tiE,;;;,, ORDINANCE NO.2022-011
12. Lift station access shall meet all City criteria.
13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater
retention side slopes.
14. Notwithstanding anything contained herein to the contrary, to the extent that any water, or
sewer improvements provide capacity additional to that required to serve the Project, the
Developer and the City may, pursuant to Section 2-267 — Credits, of the City Code, enter
into an impact fee agreement which shall provide for the establishment of credits and
payment of impact fees in a specified manner and time.
15. The Developer or its assigns, including without limitation a community development
district or homeowners association, shall permit, finance, construct, own, operate and
maintain a pumping station and storage facility sufficiently sized to meet the irrigation
requirements for the PROPERTY or as otherwise approved by the City.
16. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
17. 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.
SECTION 5: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 6: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 7: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees
will be at the expense of the applicant.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1451 PAGE 12 of 35
CLER.Kt4--;
CITY OF CLERMONT
ORDINANCE NO.2022-011
SECTION 9: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1452 PAGE 13 of 35
CITY OF CLERMONT
ORDINANCE NO.2022-011
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 11 th day of October 2022.
r.^41
► " i p c x+.
ATT�S''r'. ••� .
Tracy Ackroyd Howe, MMC
City Clerk
Apprq-vzd.as to form and legality:
57 ..
CITY OF CLERMONT
Tim Murry, Mayo
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1453 PAGE 14 of 35
CLE&ZCITY OF CLERMONT
ORDINANCE NO.2022-011
Attachment A:
Chicone PUD Land Use Plan
September 1, 2022
13 pages
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1454
PAGE 15 of 35
CHICONE PUD
3
Lake County, Florida
Parcel ID- 24-23-26-0001-000-00100, 24-23-26-0002-000-00600,
$
24-23-26-0002-000-01200, 24-23-26-0001-000-00200,
24-23-26-0001-000-00300,24-23-26-0001-000-00400.
'Ovhb
Owner. Land Planner/Crvil Engineer.
Chicane Groves UP VHB
.�
P.O. Box 547636 225 E. Robinson Street, Suite 300
Orlando, FL 32554-7336 Orlando, Florida 32801
Phony. 407.83940% • fax 407.839.4000
Catherine E Ross Groins Inc Landscape ArchheR
P.O. Box 398
Windermere, FL 34786 Foster Cmnit R Associates
100 W Lucerne Cirde, Suite 401
Fabry Family Group LLC Orlando, Florida 328D1
4566 N Apopka Vineland Road
Orlando, FL 32818 Developer.
Pulte Home Company, LLC
LEGAL DESCRIPTION
Paul E Fabry 4901 Vineland Road, Suite 500
SEE SHEET C-2.
P.O. Box 784238 Orlando, Florida 32811
Winter Garden FL 3477E
Land Use Attorney.
Jerry Jay Chicone Jr Shutts 6 Bowen LLP
P.O. Box 547636 300 South Orange Ave, Suite 1600
Orlando, FL 32854 Orlando, Florida 32801
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OR BOOK 6046/PAGE 1465 PAGE 26 of 35
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INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1467 PAGE 28 of 35
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CITY OF CLERMONT
ORDINANCE NO.2022-011
Attachment B :
City of Clermont - Pulte Home Company
October 11, 2022
6 pages
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1468 PAGE 29 of 35
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as
of the LL4*day of NAnjoe r 2022, by and between THE CITY OF CLERMONT, a Florida municipal
corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and Pulte Home
Company, LLC, a Michigan limited liability company, and any successors or assigns, whose mailing
address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811 (the "Owner").
RECITALS
A. Owner desires to develop approximately 303.50 +/- acres of property within the Wellness Way Area
Plan located in Lake County, Florida, described and depicted in Exhibit "A" attached to and
incorporated in this Agreement (hereinafter referred to as the "Property").
B. The Property is currently zoned Agriculture District "A".
C. Owner has filed with the City an annexation application and a Planned Unit Development ("PUD")
rezoning application for a mixed -use residential and non-residential project on the Property, as shown
on the PUD, which will be developed in multiple phases (the "Project').
D. The City of Clermont Comprehensive Plan Policy 2.3.2 requires the Owner to provide an extraordinary
upfront capital contribution to off -site public infrastructure within Wellness Way in order to be
considered for an increase up to 20% above 3.6 dwelling units per acre.
E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner has requested a 20% density
bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an
additional 142 residential dwelling units in the Project.
F. The City has identified a new fire station as of the off -site public infrastructure within Wellness Way
as the justification for the 20% density bonus.
G. The City has determined that the extraordinary upfront capital contribution to off -site public
infrastructure within Wellness Way is Fifteen Thousand and No/100 Dollars ($15,000.00) for each
additional residential dwelling unit to be allocated for a new fire station within Wellness Way.
H. The City has determined that the proposal for development of the Property represents, among other
things, an opportunity for the City to secure quality planning and growth in Wellness Way.
NOW, THEREFORE, in consideration of the mutual benefits and the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner
on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows:
1. Recitals. The above recitals are true and correct, are hereby incorporated herein by
reference, and form a material part of this Agreement.
2. LeQal Description. The Property described on Exhibit "A" attached hereto is subject to
PUD Ordinance No. 2022-011 adopted by the City of Clermont City Council as of the date hereof, and
Owner intends to develop a portion of such Property pursuant thereto.
3. Densit , Bonus.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1469 PAGE 30 of 35
a. In order to receive the density bonus pursuant to the City of Clermont
Comprehensive Plan Policy 2.3.2, Owner will be obligated to make, at such time and in such amount as set
forth in this Sections 3.b and 3.c below, a capital contribution to the City for construction of a new fire
station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each
of the 142 additional residential dwelling units (20% of the permitted 711 residential dwelling units) in
excess of the permitted 711 residential dwelling units (with the aggregate contribution for all 142 units of
TWO MILLION ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($2,130,000) being the
"Density Bonus Contribution'). The Density Bonus Contribution for the fire station shall allocated by
the City to the following costs to be incurred in connection with the constriction of the fire station:
surveying, design, engineering, and construction of the fire station and any other costs associated with the
construction of the fire station.
b. The Density Bonus Contribution shall be applied and the Density Bonus
Contribution shall paid as follows:
Payment
Density
#
Amount
on/before
Bonus
plat
I
approval for
initial phase
1
$435,000
of Project
29
1 year after
2
$435,000
Payment #1
29
1 year after
3
$435,000
Payment #2
29
1 year after
i
4
$435,000
Payment #3
29
5
$390,000
1/1/2028
26
Total DB
Total $2,130,000 142
C. Owner shall be entitled to the density bonus corresponding to each of the
installment payments as set forth above, as of the actual date of payment. Owner acknowledges and agrees
that the Density Bonus Payment required hereunder shall be paid to the City in full as provided above,
whether or not Owner avails itself of all of the 142 additional residential units.
d. If Owner fails to timely pay any of the installments set forth in Section 3b above,
Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that
written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not paid
by Owner within such thirty (30) day period, then such failure to timely pay such portion of the Density
Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1470 PAGE 31 of 35
of default, City may withhold any and all building permits until such time as the Density Bonus Contribution
has been paid in full; provided, however that upon payment of the Density Bonus Contribution in full,
Owner shall be entitled to the entire density bonus for all 142 residential dwelling units. Nothing herein
shall prohibit City from pursuing any and all remedies available in law or equity including, without
limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to
the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement
shall expire.
e. This Agreement shall not prevent Owner from pursuing any other density
bonus(es), including, without limitation, the density bonus pursuant to Policy 2.9.1 of the City of Clermont
Comprehensive Plan, which provides that any funding provided by a landowner/developer to the County
for acquisition of road right-of-way, including ponds, easements and trails, may be eligible for a density
bonus of two (2) dwelling units per acre in addition to transportation impact fee credits, and provides for a
density bonus of two (2) dwelling units per acre for right-of-way donated for arterial or collector roads.
4. Authority. Owner has the full power and authority to make, deliver, enter into and perform
pursuant to the terms and conditions of this Agreement and has taken all necessary action to authorize the
execution, delivery, and performance of the terms and conditions of this Agreement.
5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the
date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page
of this Agreement.
7. Amendment. Amendments to the provisions of this Agreement shall be made by the
parties only in writing by formal amendment and shall be presented and approved by City Council.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
Attest:
City Clerk
Date: _ f)
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
By.
Name:
As its: IML404-
Date: 1 Q - l 1-Z0�
(Signatures Continued on Next Page}
AW.
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3
INSTRUMENT# 2022142778
OR BOOK 6046/PAGE 1471 PAGE 32 of 35
Witnesses:
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
Signed, sealed and'" livered
in our pr nee'
Name: yl�NirrG'tFiL
Its: LR�'c� �kn�4 nca,C?r'p1r.�T
me: Date: 1gZA1 JOSS
STATE OF FLORID
COUNTY OF L QG—
The foregoing instrument was acknowledged before me by means of L9� hysical presence or ❑
online notarization, this � day of Qo f , 2022, by k 0.�0'tl �st�( lL�� , as
yk( Ck L=x%6 tie —\X 1MMA of Pulte Home Company, LLC a Michigaii limited
liability company, on behalf of said company. S/He [ ] is personally known to me or [ as produced
EL !)L (type of identification) as identification.
Signature of Notary Public
fltcok t c�15n�-ew
Type or Print Name
My Commission Expires:
Seal Commission No.
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1472 PAGE 33 of 35
EXHIBIT "A"
PARCELI:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD
WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST
CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO
A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A
POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE
NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST
1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST
1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST TO A POINT ON THE NORTH
AND SOUTH CENTER LINE OF SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID
SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID
SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368
FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT
OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER
AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY.
PARCEL 2:
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY.
FLORIDA.
AND
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
AND
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY,
FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND
5
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1473 PAGE 34 of 35
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY
ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00
FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26
EAST, LAKE COUNTY, FLORIDA.
ROSS PARCELS
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE
COUNTY, FLORIDA.
FABRY PARCEL 1
ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS:
BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE
26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF
SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE
OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST
TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG
SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE EAST TO A POINT
ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4
CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE
NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20
FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A
PERPETUAL EASEMENTAND RIGHTOF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING
WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA.
FABRY PARCEL 2
WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS
DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE
SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND
SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID
SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID
SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION
24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,
1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT
1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEETTO A POINT
ON THE EAST LINE OF SAID SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION
24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE
6
INSTRUMENT# 2022142778 OR BOOK 6046/PAGE 1474 PAGE 35 of 35
COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER
AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN
LAKE COUNTY, FLORIDA.
PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS
CITY OF CLERMONT
CAE —, ORDINANCE NO.2022-011
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:
PARCELI:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH
OF A RIGHT-OF-WAY FOR A ROAD WHICH RIGHT-OF-WAY IS DESCRIBED AS
FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO A
POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE
NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF
SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24;
RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF
THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24,20 FEET; THENCE EAST
TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 24,1345 FEET
SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24; THENCE SOUTHEASTERLY
TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID SECTION 24;
THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24,
1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE
NORTH 20 FEET TO THE POINT OF BEGINNING. ALSO A PERPETUAL EASEMENT AND
RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER AND UPON THE LAND LYING
WITHIN AFORESAID RIGHT-OF-WAY.
PARCEL 2:
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15
FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA.
d"
CLERWONT CITY OF CLERMONT
ORDINANCE NO.2022-011
UN11
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
I_U► 7
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH
1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH
1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING
NORTH OF THE CENTER LINE OF THE CLAY ROAD, ALONG THE NORTHERN LINE
OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF
THE NORTHERLY 48.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
ROSS PARCELS
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15
FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN
TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
FABRY PARCEL 1
ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF
WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE
NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN
THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH
LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND
SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF THE NORTH 1/4
CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF
THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG SAID
EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20 FEET, THENCE
EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,
CITY OF CLERMONT
CLE ,f,,,- ORDINANCE NO.2022-011
1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE
SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID
SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 24,1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24,
THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND
BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF
WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING WITHIN THE
AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY,
FLORIDA.
FABRY PARCEL 2
WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION
24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR
ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET
SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE
26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF
THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE
NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24,1325 FEET SOUTH OF
THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST TO THE EAST
BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH
ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24,20
FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID
SECTION 24,1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24,
THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE
OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE
OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID
SECTION 24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS
LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT
AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS
LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN
LAKE COUNTY, FLORIDA.
PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50
ACRES MORE OR LESS
LOCATION:
3 miles east of Schofield Road and US Hwy 27 intersection
West of the Orange County line, adjacent to McKinney Road
Approx. 304 +/- Acres
Alternate Keys 1029198, 2689919, 1122848, 1070970, 1029201, 1594545
63,
�LEMONT CITY OF CLERMONT
elm ORDINANCE NO.2022-011
PROPERTY REZONING
From: Lake County Agriculture
To: City of Clermont (PUD) Planned Unit Development
SECTION 2: GENERAL CONDITIONS
This application for a Planned Unit Development is to allow for a 952 lot single-family residential
subdivision on the property described above (hereinafter the "Property") with up to 198,634 square
feet of center/commercial uses; 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 Attachment A: Chicone
PUD Land Use Plan, prepared by VHB with a latest issue date of Sept 1, 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.
CITY OF CLERMONT
CAE � - ORDINANCE NO.2022-011
No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any
manner within the boundary of the project without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City
of Clermont Land Development Regulations and those of other appropriate jurisdictional
entities.
4. Fiber optic conduit and pull boxes shall be installed by the developer in the utility
easements, if required by the City, to extend the City's fiber optic network. The City's
Information Technology Director will work with the developer at the time of site plan
review to determine the extent of fiber optic conduit.
SECTION 3: LAND USES AND SPECIFIC CONDITIONS
This application for a Planned Unit Development to allow for single-family residential
development and commercial uses be granted subject to the following conditions:
1. The project may be developed in multiple phases. The project shall be developed according
to the Neighborhood District in the Comprehensive Plan and Wellness Way Community
Guidelines and Standards, unless expressly stated within this PUD. Conflicts or omissions
will be addressed according to Section 1.6 of the Wellness Way Community Guidelines
and Standards.
2. The project will be constructed to the Wellness Way Neighborhood Standards contained
in the City's Comprehensive Plan and Wellness Way Community Guidelines and
Standards, as referenced in Section 122-295 of the Land Development Code, as may be
amended from time to time. The project is based upon the Wellness Way Policy 2.3.2 that
requires the following:
Total Property Area
(TPA)
303.5 Acres
Open Space
30%
91.1 Acres
Center
5%
15.2 Acres
Residential
65%
197.3 Acres
CLER ' CITY OF CLERMONT
�- ORDINANCE NO.2022-011
3. The Residential Program will be developed according to the table below:
Wellness Way Area Program
711 dwelling units
Policy 2.9.1 Density Bonus
(49.8 acres of donated ROW x 2 du/acre)
99 dwelling units
Policy 2.3.2 Density Bonus
(711 du x 20% for Community Benefit)
142 dwelling units
Total Maximum Residential Units
952 dwelling units
4. Parcel 4 and Parcel 5, as indicated on Sheet C-6, Master Plan, shall have only four total
residential dwelling units. Until such time as requested by the City, solid waste services
required on Parcel 4 and Parcel 5 (Fabry) shall continue to be served by designated
franchisee or private provider. A gated access point for emergency and service personnel
shall be installed at a connection point determined by the City for access to the private
access drive serving Parcel 4 & Parcel 5 from the new internal roadway. The gate shall be
installed at the time the internal roadway is completed and shall only be used for emergency
and City services.
5. The Developer shall enter into a Community Benefit agreement with the City in order to
receive a Density Bonus as set forth in Policy 2.3.2. The Community Benefit agreement
shall be in the as set forth in Attachment B, attached hereto and, upon execution, the terms
and conditions thereof, shall be incorporated herein and made a part hereof. The
Community Benefit Agreement shall provide that the Developer shall pay to the City the
sum of $15,000 per each bonus unit up to 142 total units to fund the construction of a fire
station by the City.
6. The Center Program uses, according to Table 2.2.2 for the Neighborhood District in the
Wellness Way Community Guidelines and Standards, will be developed according to the
table below:
Center Acres 15.2 Acres
Floor Area Ratio Maximum 0.30
Total Maximum Center Program Uses 198,634 square feet
CAECITY OF CLERMONT
Cbweof«ORDINANCE NO.2022-011
7. Open Space shall consist of 91.1 acres, in which 60.7 acres will be used for Wellness Space
and the remaining 30.3 acres for Green Space. All Open Space shall be open to the public
consistent with Section 4.1.3 of the Wellness Way Community Guidelines and Standards.
The Developer shall demonstrate compliance with Section 4 of the Wellness Way
Community Guidelines and Standards at time of final site plan/platting approval. Open
Space within each platted phase shall be open and accessible to the public.
8. An environmental assessment addressing habitat and species shall be submitted to the City
during the construction plan approval stage of the overall project and prior to any
development activities. Applicable permits for any gopher tortoises and associated burrow
commensal species or other endangered species found on the property must be received
from the appropriate regulatory agencies prior to the initiation of the development activity.
9. The project may have elevation changes over 10 feet of cut/fill on 18.7% or 56.66 acres of
the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Chicone PUD Land Use
Plan. These changes will be submitted to the City Engineer for review and approval at the
time of final engineering.
10. Development Standards: Development standards for the development of the residential
dwelling units shall be based on the size of the lot, as indicated in the table below.
Residential Development Standards
Single Family
Attached
Dwelling Units
(Townhomes)
Single Family Detached
Dwelling Units
Rear Loaded
Front Loaded
Minimum Lot Width
20 ft
34 ft
50 ft
Minimum Living Area (square feet)
1,000
1,200
1,500
Minimum Lot Depth
100 ft
110 ft
120 ft
Minimum Front Building Setback (front
load/rear load
20 ft/15 ft
15 ft
20 ft
Minimum Front Porch Setback
8 ft
8 ft
8 ft
Minimum Garage Setback (front/rear)
(measured from edge of pavement)
20 ft/3 ft
3 ft
25 ft
Minimum Side Yard Setback
0 ft/5 ft (end units)
5 ft
5 ft
Setback From Side Street
loft
loft
loft
Minimum Rear Yard Setback
15 ft
N/A
15 ft
Minimum Rear Yard Setback for Pools,
Patios, Decks or Ancillary Structures
5 ft
5 ft
5 ft
Rear Setback from Edge of Alley Pavement
3 ft
3 ft
N/A
Minimum Building Separation
loft
loft
loft
Maximum Impervious Surface Ratio (ISR)l
0.85
0.75
0.75
Maximum Building Height2
40 ft
40 ft
40 ft
Setback from Normal High Water Line,
25 ft
25 ft
25 ft
d'
CLERWONT
CITY OF CLERMONT
ORDINANCE NO.2022-011
Mean High Water Line, or Jurisdictional
Wetland Line
Minimum Front Yard Utility Easement
]Oft
loft
10 ft
Minimum Side and Rear Yard Drainage and
Utility Easement
5 ft
5 ft
5 ft
'The maximum allowable ISR for the overall PUD development shall be 0.60. Individual lot
ISR may exceed 0.60 as shown in the table above as long as overall maximum is not exceeded.
2The maximum height for recreational amenity buildings shall be 55 ft.
3 Garages shall be setback a minimum of 3 feet or 20 feet from rear alley
4 Minimum side setback shall be 4 feet on lots less than 40 feet as allowed by the LDC.
11. The Center Program shall be developed according to Section 2.3 Site and Architectural
Standards for Centers within the Wellness Way Community Guidelines and Standards.
Local streets and connector roads shall follow the Wellness Way standards found in Section
3.3.1.
12. The project may have gated private streets for vehicular access as indicated on the Chicone
PUD Land Use Plan. Pedestrian and bicycle access shall be provided even if vehicular
access is gated. Non -gated streets will be public streets. All streets and sidewalks
including streets and sidewalks that may be dedicated to the public shall be maintained by
any Homeowners Association or Community Development District created for or related
to the Property or the project. For purposes herein, maintenance shall include, but not
limited to, the repair, reconstruction, resurfacing and restriping.
13. The project may have private dead-end streets that terminate with a Cul-de-Sac per City
code.
14. The project may have alleys using the Wellness Way design criteria from section 3.3.1(c).
15. The project shall be developed in accordance with the City of Clermont Utility Standards.
16. The Developer shall update the Traffic Impact Study to include the CR 455 Extension in
the regional model run to include the percentage of project trips on all segments within the
Wellness Way Regional Roadway network. This shall be completed prior to final City
Council approval of this PUD.
17. The Developer shall reserve and dedicate the proposed CR 455 right-of-way and associated
drainage for future dedication to Lake County. The cross section shall be consistent with
figure 3.2.2 (a) in Wellness Way Community Guidelines and Standards and shall consist
of a minimum of 20 foot grading, drainage, utility easements on each side of the proposed
120 foot width right of way for a total of 160 feet including easements. The dedication
shall be made to Lake County and at the time it is either requested by the City or Lake
County.
CITY OF CLERMONT
CAE ORDINANCE NO.2022-011
18. The Developer shall enter into a Proportionate Share Transportation Impact Fee Credit
agreement or a road agreement (which may be in the form of a partial assignment of the
existing Roadway Improvement Agreement for Wellness Way and Hancock Road
Extension last executed March 23, 2021) with Lake County prior to the issuance of any
construction including mass grading, infrastructure construction or building permit, subject
to final approval by Lake County. The Agreement, at a minimum, shall require the
Developer to fund improvements for right-of-way, design, permitting, and construction of
roadways, traffic signals, intersection improvements for Transportation impact fee credits
based upon the following priorities:
i. Payment in escrow to Lake County for the acquisition of the four lane right-of-way
from Consery for Wellness Way;
ii. Design and permitting of Wellness Way from US 27 to the Orange County line as
a four lane roadway;
iii. Construction of Wellness Way from Hancock Road to the Orange County line as
the first two lanes of the ultimate four lane roadway;
iv. Payment in escrow to Lake County for the acquisition of the four lane right-of-way
from Consery for Hancock Road;
V. Design and permitting of Hancock Road from Wellness Way to the northern
boundary of the Consery property as a four lane roadway;
vi. Construction of Hancock Road from Wellness Way to the entrance of the Fuqua
project south of Hartwood Marsh Road as the first 2-lanes of the ultimate 4-lane
roadway;
vii. Construction of the 3rd and 4th lanes of Wellness Way from US 27 to the
Hancock/Schofield intersection;
viii. Or as stipulated in the Proportionate Share Agreement.
19. Street lighting shall be included for all Planned Unit Development internal roadways and
along Wellness Way and CR 455 adjacent to the project. The Developer shall coordinate
with the power utility provider for the installation and placement. The Developer shall be
responsible for the cost of installation, operation, and maintenance. The lighting installed
shall meet the Dark Sky standards.
20. School concurrency shall be met before final plat approval for the respective phase in
accordance with the Comprehensive Plan and Land Development Code.
21. This Planned Unit Development shall expire in the event that significant continuous
development actions authorized or required hereunder for any phase of the project do not
occur for a period of three (3) years of the date that this Planned Unit Development is
approved by the City Council and becomes legally effective. In the event of such expiration
the provisions of City Code Section 122-316 (i) as amended, shall apply.
63
CLER �OI� CITY OF CLERMONT
eaf« ORDINANCE NO.2022-011
SECTION 4: PUBLIC SERVICES
1. The Developer shall connect to the existing City potable water and sanitary sewer systems
at connection point or points approved by the City.
2. The route of any off -site lines shall be according to engineering plans produced by the
developer and approved by the City.
3. Any proposed City -maintained utilities that are not located within a dedicated public right-
of-way shall be placed in a utility easement dedicated to the City. Easements shall be
provided at no expense to the City and in a form acceptable to the City.
4. The Developer shall be responsible for all costs of on -site and off -site potable water and
sanitary sewer systems improvements, including, but not limited to design, material,
permitting, connection and installation of sufficient size lines, lift stations, property for city
maintained facilities and other appurtenances necessary to allow the City to serve the
property.
5. Any existing dedicated City of Clermont utilities must stay in service throughout
construction. If the construction requires that the utilities be relocated or altered, the
Developer shall prepare plans, permit the project and construct the modification at the
Developer's expense.
6. Except for model homes, no building permits shall be issued until water and sewer are
provided to the site or until a bond or letter of credit, acceptable to the City, is in place to
guarantee completion of off -site improvements. No Certificate of Occupancy shall be
issued until water and sewer extensions have been completed and accepted by the City.
7. The City may require a looped system to provide reliability and redundancy to the property.
The project shall be plumbed with purple piping to irrigate all uses.
9. All utilities shall be designed and installed as per the City's specifications or as amended
and approved by City staff.
10. Drainage/Stormwater Management: The Developer shall submit drainage calculations and
a stormwater management plan when filing for final engineering approval. A lawfully
created Community Development District or other entity acceptable to the City, shall be
responsible for maintenance of all private stormwater ponds and drainage systems and
improvements. Unless otherwise provided in the approved plans or plat for the Project, or
in a separate agreement approved by the City, all such improvements located on the private
property, including, streets, roads and bike or pedestrian paths, shall be maintained by the
Community Development District or other entity acceptable to the City.
11. 10 feet utility lateral line easements may be used in lieu of 15 feet in order to accommodate
standard 10 feet building separation.
CITY OF CLERMONT
C� of ORDINANCE NO.2022-011
12. Lift station access shall meet all City criteria.
13. Bulkheads, walls, or non -turf vegetation slope stabilization may be used for stormwater
retention side slopes.
14. Notwithstanding anything contained herein to the contrary, to the extent that any water, or
sewer improvements provide capacity additional to that required to serve the Project, the
Developer and the City may, pursuant to Section 2-267 — Credits, of the City Code, enter
into an impact fee agreement which shall provide for the establishment of credits and
payment of impact fees in a specified manner and time.
15. The Developer or its assigns, including without limitation a community development
district or homeowners association, shall permit, finance, construct, own, operate and
maintain a pumping station and storage facility sufficiently sized to meet the irrigation
requirements for the PROPERTY or as otherwise approved by the City.
16. The project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines
and Standards.
17. 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.
SECTION 5: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 6: SEVERABILITY
Should any Section or part of this Section be declared invalid by any court of competent
jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance,
except to the extent that the entire Section or part of the Section may be inseparable in meaning
and effect from the Section to which such holding shall apply.
SECTION 7: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida. Recording fees
will be at the expense of the applicant.
6C
CLER�" �ONT CITY OF CLERMONT
C —-IIChamoi'xn ORDINANCE NO. 2022-011
SECTION 9: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
CLERWONT CITY OF CLERMONT
�.'« ORDINANCE NO.2022-011
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 1 IU' day of October 2022.
City Clerk
to form and legality:
CITY OF CLERMONT
Tim Murry, Mayo
CLERWONT CITY OF CLERMONT
- ORDINANCE NO.2022-011
Attachment A:
Chicone PUD Land Use Plan
September 1, 2022
13 pages
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CHICONE PUD
Lake County, Florida
Parcel ID: 24-23-26-0001-000-00100,24-23-26-DO02-D00-00600,
24-23-26-0002-000-01200,24-23-26-0001-000-00200,
1
24-23-26-0001-000-00300,24-23-26-0001-000-00400.
Development Team
Vhb
Owner. Land Planner/Civil Engineer.
Chicone Groves LLP VHB
- P.O. Box 547636 225 E. Robinson Street, Suite 300
Orlando, FL 32854-7336 Orlando, Florida 32801
.,.„.,,...„...o„�_.,.» Phone: 407.839.4006 . Fax: 407.839.4008
Catherine E Ross Groves Inc
P.O. Box 398 Landscape Architect
Windermere, FL 34786 Foster Conant & Associates
100 W Lucerne Circle, Suite 401
Fabry Family Group LLC Orlando, Florida 32801
4566 N Apopka Vineland Road
Orlando, FL 32818 Developer.
Pulte Home Company, LLC
LEGAL DESCRIPTION Paul E Fabry 4901 Vineland Road, Suite 500
SEE SHEET C-2 P.O. Box 784238 Orlando, Florida 32811
Winter Garden, FL 34778
Land Use Attorney.
Jerry Jay e Jr Shutts & Bowen LLP
P.O. Box 5476367636 300 South Orange Ave, Suite 1600
Orlando, FL 32854 Orlando, Florida 32801
Land Use Plan
Issued for PUD Approval
Dots Issued September 1, 2022
Latest Imn September 1, 2022
Numb.
pawing Tide
Latet lure
C-2
Legal Descripam
9/1/2022
C-3
E lift Condaom Plan
9/1/to22
C-4
Erwkorme WCoft—Plan
9/1/2022
C-S
Weave. Way Bmkvmd
9/1/2022
C-6
Mat. PUD Plan
9/1/2022
C-7
Development Standards
9/1/2072
C-B
Typical Goad Swd— & Lot Diagrams
9/1/M
C-9
Park Plan
9/1/M
C-10
Cur & M NWpb
9/1/2022
Sw-10D-SN-tor
sopPlan
9/1/2022
Request
Rezone the property to PUD for a proposed development program of up to 952
residential units and approximately 15 acres of non-residential uses.
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CLER�T CITY OF CLEWONT
ORDINANCE NO.2022-011
Attachment B:
City of Clermont — Pulte Home Company
October 11, 2022
6 pages
COMMUNITY BENEFIT AGREEMENT
THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as
of the IL4*&y of r c he .ir 2022, by and between THE CITY OF CLERMONT, a Florida municipal
corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and Pulte Home
Company, LLC, a Michigan limited liability company, and any successors or assigns, whose mailing
address is 4901 Vineland Road, Suite 500, Orlando, Florida 32811 (the "Owner").
RECITALS
A. Owner desires to develop approximately 303.50 +/- acres of property within the Wellness Way Area
Plan located in Lake County, Florida, described and depicted in Exhibit "A" attached to and
incorporated in this Agreement (hereinafter referred to as the "Property").
B. The Property is currently zoned Agriculture District "A".
C. Owner has filed with the City an annexation application and a Planned Unit Development ("PUD")
rezoning application for a mixed -use residential and non-residential project on the Property, as shown
on the PUD, which will be developed in multiple phases (the "Project").
D. The City of Clermont Comprehensive Plan Policy 2.3.2 requires the Owner to provide an extraordinary
upfront capital contribution to off -site public infrastructure within Wellness Way in order to be
considered for an increase up to 20% above 3.6 dwelling units per acre.
E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Owner has requested a 20% density
bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an
additional 142 residential dwelling units in the Project.
F. The City has identified a new fire station as of the off -site public infrastructure within Wellness Way
as the justification for the 20% density bonus.
G. The City has determined that the extraordinary upfront capital contribution to off -site public
infrastructure within Wellness Way is Fifteen Thousand and No/100 Dollars ($15,000.00) for each
additional residential dwelling unit to be allocated for a new fire station within Wellness Way.
H. The City has determined that the proposal for development of the Property represents, among other
things, an opportunity for the City to secure quality planning and growth in Wellness Way.
NOW, THEREFORE, in consideration of the mutual benefits and the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner
on behalf of itself, its transferees, assigns, successors in interest and heirs, and the City agree as follows:
1. Recitals. The above recitals are true and correct, are hereby incorporated herein by
reference, and form a material part of this Agreement.
2. Legal Description. The Property described on Exhibit "A" attached hereto is subject to
PUD Ordinance No. 2022-011 adopted by the City of Clermont City Council as of the date hereof, and
Owner intends to develop a portion of such Property pursuant thereto.
3. Density Bonus.
a. In order to receive the density bonus pursuant to the City of Clermont
Comprehensive Plan Policy 2.3.2, Owner will be obligated to make, at such time and in such amount as set
forth in this Sections 3.b and 3.c below, a capital contribution to the City for construction of a new fire
station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each
of the 142 additional residential dwelling units (20% of the permitted 711 residential dwelling units) in
excess of the permitted 711 residential dwelling units (with the aggregate contribution for all 142 units of
TWO MILLION ONE HUNDRED AND THIRTY THOUSAND DOLLARS ($2,130,000) being the
"Density Bonus Contribution'). The Density Bonus Contribution for the fire station shall allocated by
the City to the following costs to be incurred in connection with the construction of the fire station:
surveying, design, engineering, and construction of the fire station and any other costs associated with the
construction of the fire station.
b. The Density Bonus Contribution shall be applied and the Density Bonus
Contribution shall paid as follows:
Payment
Density
#
Amount
on/before
Bonus
plat
approval for
initial phase
1
$435,000
of Project
29
1 year after
2
$435,000
Payment #1
29
1 year after
3
$435,000
Payment #2
29
1 year after
4
$435,000
Payment #3
29
5
$390,000
1/1/2028
26
Total DB
Total $2,130,000 142
C. Owner shall be entitled to the density bonus corresponding to each of the
installment payments as set forth above, as of the actual date of payment. Owner acknowledges and agrees
that the Density Bonus Payment required hereunder shall be paid to the City in full as provided above,
whether or not Owner avails itself of all of the 142 additional residential units.
d. If Owner fails to timely pay any of the installments set forth in Section 3b above,
Owner shall be entitled to written notice of such failure and to thirty (30) days after the receipt of that
written notice in which to cure said failure. If such portion of the Density Bonus Contribution is not paid
by Owner within such thirty (30) day period, then such failure to timely pay such portion of the Density
Bonus Contribution shall constitute a default under this Agreement. Owner expressly agrees, in the event
of default, City may withhold any and all building permits until such time as the Density Bonus Contribution
has been paid in full; provided, however that upon payment of the Density Bonus Contribution in full,
Owner shall be entitled to the entire density bonus for all 142 residential dwelling units. Nothing herein
shall prohibit City from pursuing any and all remedies available in law or equity including, without
limitation, an action for specific performance. Notwithstanding anything contained in this Agreement to
the contrary, in the event the PUD expires, then no payment shall be due hereunder and this Agreement
shall expire.
e. This Agreement shall not prevent Owner from pursuing any other density
bonus(es), including, without limitation, the density bonus pursuant to Policy 2.9.1 of the City of Clermont
Comprehensive Plan, which provides that any funding provided by a landowner/developer to the County
for acquisition of road right-of-way, including ponds, easements and trails, may be eligible for a density
bonus of two (2) dwelling units per acre in addition to transportation impact fee credits, and provides for a
density bonus of two (2) dwelling units per acre for right-of-way donated for arterial or collector roads.
4. Authoritv. Owner has the full power and authority to make, deliver, enter into and perform
pursuant to the terms and conditions of this Agreement and has taken all necessary action to authorize the
execution, delivery, and performance of the terms and conditions of this Agreement.
5. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this
Agreement as if set forth in full herein.
6. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the
date this Agreement is last signed by City or Owner. The Effective Date shall be inserted on the first page
of this Agreement.
7. Amendment. Amendments to the provisions of this Agreement shall be made by the
parties only in writing by formal amendment and shall be presented and approved by City Council.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first
above written.
Attest:
City Clerk
Date:
CITY OF CLERMONT, FLORIDA
A Florida Municipal Corporation
By:
Name: j�fl M U �c�
As its:
Date: 10 11 " Z0 2, 2
(Signatures Continued on Next Page)
Witnesses:
STATE OF FLORID&
COUNTY OF L
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By:
Name: A" SrA--&u41c-f6L
Its: a4t'c nk--4 tjQ
Date: I J_/ZA/ 102Z
The foregoing instrument was acknowledged before me by means of L5" hysical presence or ❑
online notarization, this � day of dego 0, 2022, by kq�OV\ hAh -e Y , as
Ti�!A(R-tkul bE LQXs,6 ')Q\X-10Q M--k of Pulte Home Company. LLC a Michigan limited
liability company, on behalf of said company. H/ e [ ] is personally known to me or [ as produced
FL. Ill. (type of identification) as identification.
Signature of Notary Public
Seal
dcdp- U)15nrew516
Type or Print Name
My Commission Expires:
Commission No. 4-1
EXHIBIT "A"
PARCEL 1:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING SOUTH OF A RIGHT-OF-WAY FOR A ROAD
WHICH RIGHT-OF-WAY IS DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST
CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST; RUN THENCE WESTERLY 2590 FEET TO
A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF SECTION 24; RUN THENCE NORTHWEST TO A
POINT ON THE NORTH AND SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE
NORTH 1/4 CORNER OF SAID SECTION 24; RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST
1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24; THENCE SOUTH ALONG SAID EAST LINE OF THE WEST
1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 24, 20 FEET; THENCE EAST TO A POINT ON THE NORTH
AND SOUTH CENTER LINE OF SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID
SECTION 24; THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE NORTH LINE OF SAID
SECTION 24; THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24, 1368
FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24; THENCE NORTH 20 FEET TO THE POINT
OF BEGINNING. ALSO A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR INGRESS AND EGRESS OVER
AND UPON THE LAND LYING WITHIN AFORESAID RIGHT-OF-WAY.
PARCEL 2:
THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24 AND THE EAST 15 FEET OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 23 ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY.
FLORIDA.
AND
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, IN LAKE COUNTY, FLORIDA.
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE NORTH 1/2 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY,
FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND
5
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE SOUTH 1/2 OF THE NORTH
1/2 OF THE NORTHEAST 1/4, PLUS THE STRIP OF LAND LYING NORTH OF THE CENTER LINE OF THE CLAY
ROAD, ALONG THE NORTHERN LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4, ALL IN SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA.
LESS AND EXCEPT: THE WESTERLY 45.00 FEET OF THE SOUTHERLY 35.00 FEET OF THE NORTHERLY 48.00
FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26
EAST, LAKE COUNTY, FLORIDA.
ROSS PARCELS
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, AND THE EAST 15 FEET OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 23, ALL IN TOWNSHIP 23 SOUTH, RANGE 26 EAST, IN LAKE
COUNTY, FLORIDA.
FABRY PARCEL 1
ALL THAT PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE 26 EAST,
LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS DESCRIBED AS FOLLOWS:
BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24, TOWNSHIP 23 SOUTH, RANGE
26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE SOUTH OF THE NORTH LINE OF
SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND SOUTH CENTER SECTION LINE
OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, RUN THENCE WEST
TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, THENCE SOUTH ALONG
SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION 24, 20 FEET, THENCE EAST TO A POINT
ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24, 1345 FEET SOUTH OF THE NORTH 1/4
CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT 1389 FEET DUE SOUTH OF THE
NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 24, THENCE NORTH 20
FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE COUNTY, FLORIDA. ALSO A
PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER AND UPON THE LANDS LYING
WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN LAKE COUNTY, FLORIDA.
FABRY PARCEL 2
WEST 1/2 OF NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 23
SOUTH, RANGE 26 EAST, LYING SOUTH OF A RIGHT OF WAY FOR ROAD WHICH RIGHT OF WAY IS
DESCRIBED AS FOLLOWS: BEGINNING 1348 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 24,
TOWNSHIP 23 SOUTH, RANGE 26 EAST, RUN THENCE WESTERLY 2590 FEET TO A POINT 1369 FEET DUE
SOUTH OF THE NORTH LINE OF SECTION 24, RUN THENCE NORTHWEST TO A POINT ON THE NORTH AND
SOUTH CENTER SECTION LINE OF SECTION 24, 1325 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID
SECTION 24, RUN THENCE WEST TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NW 1/4 OF SAID
SECTION 24, THENCE SOUTH ALONG SAID EAST LINE OF THE WEST 1/2 OF THE NW 1/4 OF SAID SECTION
24, 20 FEET, THENCE EAST TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 24,
1345 FEET SOUTH OF THE NORTH 1/4 CORNER OF SAID SECTION 24, THENCE SOUTHEASTERLY TO A POINT
1389 FEET DUE SOUTH OFTHE NORTH LINE OF SAID SECTION 24, THENCE EASTERLY 2590 FEETTO A POINT
ON THE EAST LINE OF SAID SECTION 24, 1368 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION
24, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND BEING IN LAKE
X
COUNTY, FLORIDA. ALSO A PERPETUAL EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS OVER
AND UPON THE LANDS LYING WITHIN THE AFORESAID RIGHT OF WAY, SAID LAND LYING AND BEING IN
LAKE COUNTY, FLORIDA.
PROPERTY AS SHOWN HEREON CONTAINS: 13,220,321 SQUARE FEET OR 303.50 ACRES MORE OR LESS