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Ordinance No. 2023-025INSTRUMENT#: 2024020361 OR BK 6287 PG 2309 PAGES: 34 2/23/2024 8:40:19 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $290.50 CC, CLER� CITY OF CLERMONT ---, ORDINANCE NO.2023-025 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. NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida, hereby ordains that: SECTION 1: The Official Zoning Map of the City of Clermont, Lake County, Florida, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property: PARCEL ID: 13-23-25-090-0049-00000 A PARCEL OF LAND LYING IN SECTIONS 15, 16 AND 22, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE RUN SOUTH 89" 16'46" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER FOR A DISTANCE OF 2479.84 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY #27 /STATE ROAD #25 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 238422 1; THENCE RUN NORTH 02"16'40" EAST ALONG SAID EAST RIGHT OF WAY LINE FOR A DISTANCE OF 97.09 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN NORTH 89"52'47" EAST FOR A DISTANCE OF 357.99 FEET TO A POINT ON THE EAST LINE OF BRADSHAW ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES ALONG SAID EAST LINE: NORTH 08'31'11" EAST FOR A DISTANCE OF 108. 76 FEET; THENCE RUN NORTH 08"04'22" EAST FOR A DISTANCE OF 203.58 FEET; THENCE RUN NORTH 07"32'08" EAST FOR A DISTANCE OF 301.61 FEET; THENCE RUN NORTH 08"01'59" EAST FOR A DISTANCE OF 100.03 FEET; THENCE RUN NORTH 06" 13'32" EAST FOR A DISTANCE OF 99.03 FEET; THENCE RUN NORTH 01 "53'26" WEST FOR A DISTANCE OF 106.21 FEET; THENCE RUN NORTH 17"53'1 Q" WEST FOR A DISTANCE OF 101.00 FEET; THENCE RUN NORTH 32"15' 43" WEST FOR A DISTANCE OF 124.94 FEET; THENCE RUN NORTH 25"06'36" EAST FOR A DISTANCE OF 22.17 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF 5 MILE ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES ALONG SAID SOUTH LINE: SOUTH 88"38'57" EAST FOR A INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2310 PAGE 2 of 34 CLER' �, CITY OF CLERMONT - ORDINANCE NO.2023-025 DISTANCE OF 193.29 FEET; THENCE RUN NORTH 89"50'32" EAST FOR A DISTANCE OF 154.07 FEET; THENCE RUN SOUTH 88"57'53" EAST FOR A DISTANCE OF 597.94 FEET; THENCE RUN SOUTH 89"04' 13" EAST FOR A DISTANCE OF 1648.76 FEET; THENCE RUN SOUTH 89" 10'22" EAST FOR A DISTANCE OF 300.67 FEET; THENCE RUN SOUTH 89"29' 11 " EAST FOR A DISTANCE OF 299.23 FEET; THENCE RUN SOUTH 89"35'06" EAST FOR A DISTANCE OF 500.01 FEET; THENCE RUN SOUTH 89"37'32" EAST FOR A DISTANCE OF 399.93 FEET; THENCE RUN SOUTH 88"36'09" EAST FOR A DISTANCE OF 100.54 FEET; THENCE RUN NORTH 8T01'31" EAST FOR A DISTANCE OF 99.52 FEET; THENCE RUN NORTH 88"41' l 5" EAST FOR A DISTANCE OF 389.00 FEET; THENCE RUN NORTH 75-39'41" EAST FOR A DISTANCE OF 180.49 FEET; THENCE RUN NORTH 70"38'01" EAST FOR A DISTANCE OF 85.81 FEET; THENCE RUN NORTH 75"47'42" EAST FOR A DISTANCE OF 48.13 FEET; THENCE RUN NORTH 84"56'34" EAST FOR A DISTANCE OF 22.09 FEET; THENCE DEPARTING SAID SOUTH MAINTAINED LINE RUN SOUTH 00"18'54" WEST FOR A DISTANCE OF 47.05 FEET; THENCE RUN SOUTH 89"41'06" EAST FOR A DISTANCE OF 40.00 FEET; THENCE RUN NORTH 00" 18'54" EAST FOR A DISTANCE OF 50.00 FEET TO THE AFORESAID SOUTH MAINTAINED LINE OF 5 MILE ROAD; THENCE RUN THE FOLLOWING COURSES ALONG THE AFORESAID SOUTH MAINTAINED LINE AND THE WEST MAINTAINED LINE OF 5 MILE ROAD: SOUTH 89"19'15" EAST FOR A DISTANCE OF 248.15 FEET; THENCE RUN SOUTH 89"51'57" EAST FOR A DISTANCE OF 200.19 FEET; THENCE RUN SOUTH 89"48'55" EAST FOR A DISTANCE OF 196.42 FEET; THENCE RUN SOUTH 89"25'54" EAST FOR A DISTANCE OF 201.34 FEET; THENCE RUN NORTH 89"56' 45" EAST FOR A DISTANCE OF 301.13 FEET; THENCE RUN SOUTH 89"48'02" EAST FOR A DISTANCE OF 400.83 FEET; THENCE RUN SOUTH 88"41'42" EAST FOR A DISTANCE OF 100.78 FEET; THENCE RUN NORTH 89"48'54" EAST FOR A DISTANCE OF 197.56 FEET; THENCE RUN SOUTH 89"50'13" EAST FOR A DISTANCE OF 304.21 FEET; THENCE RUN SOUTH 83"05'13" EAST FOR A DISTANCE OF 97.81 FEET; THENCE RUN SOUTH 60"30'46" EAST FOR A DISTANCE OF 47.74 FEET; THENCE RUN SOUTH 43"04°26" EAST FOR A DISTANCE OF 62.59 FEET; THENCE RUN SOUTH 04"59'22"' EAST FOR A DISTANCE OF 80.69 FEET; THENCE RUN SOUTH 02'24"26" WEST FOR A DISTANCE OF 404.28 FEET; THENCE RUN SOUTH 00'32'02" WEST FOR A DISTANCE OF 779.65 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1.79 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 5 MILE ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 357, PAGE 21 OF THE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA; THENCE RUN SOUTH 00"19'09" WEST ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 1310.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 89"00'54" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 1290.91 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 00'20'55" EAST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 22 FOR A DISTANCE OF 1314.56 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTH LINE OF INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2311 PAGE 3 of 34 CITY OF CLERMONT ORDINANCE NO.2023-025 THE NORTHWEST QUARTER OF SAID SECTION 22 FOR A DISTANCE OF 3969.87 FEET TO THE POINT OF BEGINNING. CONTAINING 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS. EAST PARCEL CONTAINS 8,269,644 SQUARE FEET, 189.84 ACRES WEST PARCEL CONTAINS 2,500,573 SQUARE FEET, 57.41 ACRES OVERALL PROPERTY CONTAINS 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS. LOCATION: 1.5 miles south of Hartwood Marsh Road, east US 27 and south of Five Mile Road Alternate Key 3926960 J C r. t' ryi a A c H� tj PROPERTY REZONING From: Urban Transition UT To: Planned Unit Development (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a single-family residential subdivision and non-residential uses on the property described above (hereinafter the "Property"); be granted subject to the following conditions: INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2312 PAGE 4 of 34 CITY OF CLERMONT ORDINANCE NO.2023-025 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: Wellness Way Swap PUD Land Use Plan, prepared by VHB with a latest issue date of December 14, 2023. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 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. 5, All Fire Department Access for the Project shall be provided in Accordance with the Florida Fire Prevention Code. The Alleys for the project are part of the Required Fire Apparatus Access Road and shall meet the requirements of Chapter 18.2 of the Florida Fire Prevention Code with a minimum width of 20 feet. The surface of the Fire Apparatus Access Roads in the Alleys shall be striped with No Parking Fire Lane Yellow markings. No Parking Fire Lane signs are required. The required No Parking Fire Lane Signs shall be installed on both sides of the alleys, every 60 feet. All Multifamily Buildings and Attached single family dwelling units shall be provided with Fire Sprinklers. SECTION 3: LAND USES AND SPECIFIC CONDITIONS This application for a Planned Unit Development to allow for single-family residential development and non-residential uses be granted subject to the following conditions: l . The project may be developed in multiple phases. The project shall be developed according to the Neighborhood District and the Multi Use W 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. The project will be constructed to the Wellness Way Neighborhood District and Multi Use W District contained in the City's Comprehensive Plan and Wellness Way Community Guidelines and Standards, as referenced in Section 125-464 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: INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2313 PAGE 5 of 34 CITY OF CLERMONT ORDINANCE NO.2023-025 NEIGHBORHOOD DISTRICT Total Property Area (TPA) minus wetlands a'Ld 190.2 Acres ' Open Space 30% 57.1 Acres Center 5% 9.5 Acres I Residential 65% 123.6 Acres I MULTI USE W DISTRICT Total Property Area (TPA) Open Space Center Residential 40.0 Acres 30% 12.0 Acres 20% 8.0 Acres 50% I 20.0 Acres The Developer has elected to use Policy 2.3.4.1: Flexibility of Future Land Use Category Boundaries within Single Ownership if proposed PUD contains more than one Future Land Use category, as in this case: Neighborhood District and Multi Use W District. The developer may propose the relocation of the boundaries of each FLU category within the boundaries of the PUD, to provide flexibility in overall project design. The resulting development program/entitlement shall not exceed the program/entitlement of the original FLU category boundaries. The burden is on the developer to show how the proposed boundary modification results in a superior project design and how it exceeds the goal and objectives of Wellness Way. In electing to use Policy 2.3.4.1, Developer has relocated the boundaries of the Neighborhood District and Multi Use W District within this PUD and has satisfied Developer's burden set forth in the immediately foregoing sentence. The Residential Program will be developed according to the table below for the overall PUD: NEIGHBORHOOD DISTRICT 13.6 DU/ACRE Wellness Way Area Program 445 dwelling units Policy 2.9.1 Density Bonus 8 dwelling units (4 acres of donated ROW x 2 du/acre) Policy 2.3.2 Density Bonus 86 dwelling units (123.6 ac x 4.3 du/ac 20% for Community Benefit) MULTI USE W DISTRICT 8 DU/ACRE Wellness Way Area Program 160 dwelling units Total Maximum Residential Units 699 dwelling units INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2314 PAGE 6 of 34 CLE.,," - CITY OF CLERMONT ORDINANCE NO.2023-025 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 form 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. 6. The Non -Residential Program uses will be developed according to the table below: NEIGHBORHOOD DISTRICT Center Acres 1 9.5 Acres Floor Area Ratio Maximum 1 0.30 Total Maximum Center Program Uses 124,041 square feet MULTI -USE W DISTRICT Center Acres 8.0 Acres Floor Area Ratio Minimum 0.30 Total Maximum Center Program Uses + 104,570 square feet Total Non -Residential I 228,612 7. Open Space shall consist of 69 acres, in which 59 acres will be used for Wellness Space and the remaining 10 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 for each phase. 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 17.2% or 42.5 acres of the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Wellness Way Swap 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. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2315 PAGE 7 of 34 CLER16 C CITY OF CLERMONT ORDINANCE NO.2023-025 ' f f RESIDENTIAL DEVELOPMENT STANDARDS Single Family Attached Single Family Detached Dwelling Units Dwelling Units Townhomes 50' Lots I 60' Lots Minimum Lot Width 20 ft 50 ft I 60 ft Minimum Living Area (square feet) 1,400 ! 1,500 1,500 Minimum Lot Depth 108 ft 120 ft 120 ft Minimum Front Building Setback 15 ft (alley load) 20 ft 20 ft Minimum Garage Setback (front/rear) (measured from edge of pavement) 20 ft 25 ft I 25 ft Minimum Side Yard Setback 0 ft/5 ft (end units) 5ft 5ft Setback From Side Street loft ' loft loft Minimum Rear Yard Setback 15 ft 15 ft _ 15 ft Minimum Rear Yard Setback for Pools, 5ft + 5ft 5ft Patios, Decks or Ancillary Structures Minimum Building Separation loft l0 ft f 10 ft Maximum Impervious Surface Ratio (ISR)l 0.85 0.75 0.75 Maximum Building Height2 2-stories 2-stories 2-stories Setback from Normal High Water Line, Mean High Water Line, or Jurisdictional 50 ft 50 ft 50 ft Wetland Line Minimum Front Yard Utility Easement loft loft loft Minimum Side and Rear Yard Drainage and 5ft I 5ft 5ft Utility Easement '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. 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. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2316 PAGE 8 of 34 CLAXw CITY OF CLERMONT ORDINANCE NO.2023-025 12. The project may have gated private streets for vehicular access as indicated on the Wellness Way Swap 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 located east of Hancock Road 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 development will be served with connections on Hancock Road for the east side of the property and US 27 for the west side of the property with no interconnection between the two properties. The following intersection improvements will be required to be constructed: i. Project Driveway at Hancock Road: Add northbound left (245 feet), southbound left (245 feet), northbound right turn lane (245 feet) and a southbound right (245 feet). Add traffic signal when warrants are met. ii. Project Driveway East at US 27: Add a full access connection on US 27 (permitting to be obtained from FDOT at the time the West Property develops). Add a southbound left (755 feet) and northbound right turn lane (505 feet). Add traffic signal when warrants are met. iii. School Entrance on East Property Access Road: Add an eastbound left turn lane (245 feet) with two-way stop control. This improvement shall be constructed by Lake County School Board (LCSB). 17. 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 Segment D South — Phase 2 and Segment D North. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2317 PAGE 9 of 34 LER CITY OF CLERMONT ORDINANCE NO.2023-025 18. Prior to the issuance of any permits (horizontal, engineering, or vertical building permits), for that phase of development that is adjacent to the existing Bradshaw Road, the developer shall establish, to the satisfaction of the City and Lake County, that the future development of the existing Bradshaw Rd (prescriptive County easement) can be achieved within public right- of-way(ROW). The future ROW to be reserved shall be up to 60 foot in width along with the possibility of an additional temporary slope easement. 19. Coordination between the Developer, Lake County, City of Clermont, and/or the Lake County School Board shall be required for the continuation of the existing Clay Trail (aka 5 Mile Road). if the Clay Trail is elected to be improved or modified, all parties agree to provide an equitable solution in preserving this important feature of the area. 20. Street lighting installation shall be included for all Planned Unit Development internal roadways. The Developer shall coordinate with the power utility provider for the installation and placement. The Developer, or any Homeowners Association or Community Development District created for or related to the Property or the project, or any phase thereof shall be responsible for the cost of installation, operation, and maintenance of street lighting located east of Hancock Road. The lighting installed shall meet the Dark Sky standards. 21. School concurrency shall be met before final plat approval for the respective phase in accordance with the Comprehensive Plan and Land Development Code. 22. All school facilities shall be constructed in accordance with the Florida Department of Education standards (SREF). 23. The Developer shall provide water quality treatment and attenuation meeting SJRWMD requirements for all stormwater from the 15 acre Parcel 1 Elementary School Site in the off -site pond located south of the south neighborhood connector road, in tract W-17. 24. The owner/developer shall notify owners in writing: (i) mining activities are in the vicinity and there are sounds, fugitive dust particles and other potential hazards that may be encountered periodically resulting from the existing sand mine, (ii) the property is located within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions may exist due to controlled burning, (iii) the property is located adjacent to a reclaimed water and disposal facility, and (iv) the property is located adjacent to a proposed elementary school site. 25. This Planned Unit Development shall expire in the event that significant continuous development actions authorized or required hereunder for the initial phase of the project do not occur for a period of three (3) years after 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 125-487 (i) as amended, shall apply. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2318 PAGE 10 of 34 CLA CITY OF CLERMONT ORDINANCE NO.2023-025 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. 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 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. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2319 PAGE 11 of 34 CG _R' CITY OF CLERMONT ORDINANCE NO.2023-025 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 project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 16. 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. 17. Topsoil and/or soil amendments will be required prior to any landscape planting to help reduce the irrigation needs to maintain healthy landscaping. Landscaping and screening shall be in accordance with the Comprehensive Plan and LDC, as amended. Notice is hereby given that Wellness Way specific standards are under development, and, if adopted, shall apply to any undeveloped portions of this project. 18. All alley served residential dwelling units shall have a rear facing address number with legible numbers not less than three -inches high, placed in a conspicuous place as to be readily seen, such as over a door way or garage door. 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. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2320 PAGE 12 of 34 CITY OF CLERMONT ORDINANCE NO.2023-025 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. 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# 2024020361 OR BOOK 6287/PAGE 2321 PAGE 13 of 34 Cl.E&-W _ CITY OF CLERMONT ORDINANCE NO.2023-025 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23'd day of January 2024. CITY OF CLERMONT Tim Murry, Ma r ATTEST: Tracy Ackroyd owe, MMC City Clerk INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2322 PAGE 14 of 34 CCITY OF CLERMONT ORDINANCE NO.2023-025 tT Attachment A: Wellness Way Swap PUD Land Use Plan Latest Issue Date — December 14, 2023 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2323 PAGE 15 of 34 WELLNESS WAY Land Use Plan j SWAP PU D ate �ed kbruarye 0 "- Clermont, Florida Laeaatlrw Decemberl4,2023! —� $ Parcel ID, 13-23-25-090-0049-OODW 000 *401'Vhb . �+,. �'i.:.+� '�..�... Location Mep 1 raa.ba ww... Tlk 1. w Uwe ca _ c—w— nr1 s7waw weauc 4s _. ..rwwr.�r p.;:. : ...- 52iaQp 1 CJ Urdu iln 1IJ14raW5 -.. _. C•5 enebM-SYrdrds ... 12r1IM •' anal (f..i 4Ttbrk - 4l.)1•bljy �F C) TlplullalCbp.r1. 1NEraI27 C )A IiWae_b sum j Eav R.yay1 C2 Mkln 1)/14raa21 _. C-10 Slpupr Nan Owner. Land PlannsrXivil Engineer. South lake Crow ngs N LLC vH8 $27 Main St 225 E. Robinson Stet, Suite 300 Windermem, FL 34786 Odando, Florida 32WI Phone: 40'7.839.4006 • Far 407.839.4008 Cps H1tp, LLC 18981 US Highway 441 land llse Attorney - ey. Mt Mt Dom, FL 32757 Shutts 6 Bowen LLP 300 South Ore Ave. Suite 1600 Developer. Orlando, Flodda 32801 Lannar 6750 Forum Drive Suite 310 Orlando. Flodds 32821 wr.rr re. INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2324 PAGE 16 of 34 2150 �•, - - _ 21,, . 40 2150 9 2160 8360 21 Y e A i e360 9360 9 D —- --- — — ---- -— — — —- 2110 2150 3200 6410 2150 6410 1 2i —.— — — — — — --- — — — 1 ( :•5�; '.-.J.Y—-R' — —.— —.— T e I..... �i�.8 4110 F73o a3E I I 64w12`.-. 1 6410 s11e - . 2130 6410 2120 r e.. - e 40 2110 Is A `� __. 10 28 .•i11: r 3 .. 10'v r i _.. 2110 ,, 8 .. 9' 2210 3300 2150 2121. WW Cww 504 '4 Ilk I I 0 wwee _ C ) ...+ lmaZ— Wellness Way Swap PUD EXISTING CONDITIONS C-2 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2325 PAGE 17 of 34 [rr/WdMq � hb — Legend deal vAl.e _ � wnvwo •n+a Q.-- Wellness Way Swap PUD TOPOGRAPHY PLAN C-3 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2326 PAGE 18 of 34 Aft~. U..d Use Plin w/ High SduxA Site G..- - Wellness Way Swap PUD LAND USE PLAN C-4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2327 PAGE 19 of 34 urrra7r �MLra•r/ ra•Wa�W Ya r WaY r.rr Yr Yr trrre� u.rrrrrlr►r.ra..rwr.rLwrrrl. b•ow..b bwra.+r.rYrbwrwrYyrrrrlaw.rarYrruL raww�il�i+•rw..rrr r•r�rirw—wb+ tr r�iwiiL.r.� r.w��.�.swr�irlL+�n.rrro DwkynrLPloow e o _ rrrw tw ti s+Iw.lrwLwralir ram �..UlM Yr.r.r r.r Y rrb w Lr✓.rlrrrrr rrr rr Ir♦YI NUr, awwae r Iti tll a.aw A tw arr w Y xr w .• rrtrrbawawlbt.� urAa rrrl roaatl�r artatamr ew ,cua rcawosnrLao�!"�r yan:rr mrR tltmbYLtwngla• �w L4Y�.r +e Or(IW 1. �wwrYrrr Yw Tw.M/.•-rr.wri�s t nL.rrYl.rl.rb.�rwr~\r...]Ir.�.rrl.wir7rl.•M sr.r.r.rrrrrrl�r. r.roraa L itPrwlOYrrrr.bltalY.�rw� Lhr �� r` rrwrrrNbr.prwler.rrPr. Mrrrllrrlea IYw Lr q!� a•rrr r.r "`��` rrarrubrrr..arr... a:nrrlrr.ra.tlw r.wro.w �rrr xM.t>n wry q'.o'�"w.•r+.�•w• — fY —T-1T-1k IQ` Ir.rrlr rr.r.rarrYr �. ru+o rlr.Yr �r_. w� _ arrrrrLrrs Irwr IYb�rUrba b.Yr.lrrr. —.. ra •rwartrrvrw.�wtrrr.ramuv 1 t� blbw..wtl�rl�or �••rrlr.lrrvrYlrYl LLrrtrrrrMrrii�i YwYLLewrYClolaM M. r rYwrYy rw L L•rrrw WYYr�mrrt.'rrY r� Ittlrr�r.wYauaar r�arM p� 1 rrbt rr�Olarr�lwaMaw4rywrar�y Wellness Way ,�� • � Swap PUD Cam_ _ frwnl L'Lw r rr!•w tbrrtrtltlbw t. aswrwwr•rrwrnbrr`MrM+a s' L IbrwllrrL•rtb.rrrrYrLY/Y rYlYrrrrbrrtlw..rbrl.r DEVELOPMENT .r.rd.re,rrrtrrwrrrrww. a Ilwrrrr.trwrlrL.r�taorrwro.r.m.rrYrw.br.YrarLrnb/rwrwlwarrr�Alrr STANDARDS r�trrr. rAr.r Yrrr rbrr. irr. blrar rwlr. a r.ao.�rrrrMrMwrrwrrrra.�+.r.n.rinc�rr ^— a wrLrrrrrwrrrrrrrb�lra�arrYrr.ttwaraL.lLe 1. NlYellwrrlrrlrria.MAbyloMi�YwrrrgapYrrrrr•YYrer. C"5 a rwrrrr.lrr�r..+ry�.rrr�r..tw+r.v...wrw L r.rrrrYrrrrorrri.n..rbsrrrrrrw.arprrr..m.nrwlLrr ou �"__-_ to rrwr.rrLMr�nrrr..wrorr4lwrmr'om..ynw.raMbWwr 11. Qw.wrY�a..aarrlbrtrrRwlrpYreMlpr.f rigL•aprgtlDc tLwrwbs.asrr�r.rrr.rr.wwrrbarrmr.+� � ,•„ INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2328 PAGE 20 of 34 C - L..l SeW T,0.1 Rwd SEcdon • •.v :E' vae. .� �i �r •,,��� fly l '. ` :rl'~"I""'..r LEtll.�-w.ww .�_ ;...,J s 1 K� mil• E F emvhb Wellness Way Swap PUD w,a - r.ar POW SECTIONS C-6 T INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2329 PAGE 21 of 34 vnb Wellness Way Swap PUD TYPICAL LOT DIAGRAMS C-7 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2330 PAGE 22 of 34 'uUU FF-1; 00 1 UZI Wellness Way Swap PUD TYPICAL BUILDING ELEVATIONS C-6A INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2331 PAGE 23 of 34 wa Y1hw�M ------------- .�I$, `Vhb frrwrrr lEbtMD o� � rtirr�a Ono r •Y.-- -- Wellness Way Swap PUD PARK PLAN C8 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2332 PAGE 24 of 34 N I `` oVhb U600 }� fiNr1YM 1}1Y(ISS,v�1 Wellness Way Swap PUD CUT & FILL PLAN C-9 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2333 PAGE 25 of 34 r s • - . - — ` oVhb ...........,,,..., 0 L Wellness Way .dM Yn NbraO 1.1xcAlbrntl MY.MAM I/afo-.---_- ws•.rw.........�..._.m_..wraw.o.�ra.�u ��5 -nibrd IIri.A/oY------ � � y � „a�,,,,,,,,, _ _�_,_.,. Swap PUD syni0o 4^TYw s mm..ww N•powd Pa v d PN ftgmmd. iwdv.cba ...�.�........_...�.....�.. ...a....._ ftku nr .Tsu^ 2 to W m' ri Yd 40 •� �• ,,_ _ _. - Mnvry Rybn.l p. Try 15 lf' i •' G•t.vry Slgrs _. - .. i emu. ....:.. ..r_.r..._.•wrr+w wn.amu uno. ..a..wi �•�!11A•w SIGNAGE PLAN _r C-10 RYn.YRM�^�•I Wb+H sign IYWry PAO. 50 �. wu INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2334 PAGE 26 of 34 CITY OF CLERMONT ORDINANCE NO.2023-025 Attachment B: Community Benefit Agreement: City of Clermont — South Lake Crossing IV LLC & CPB Hilltop LLC INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2335 PAGE 27 of 34 COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the 9day of2024 by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company, whose mailing address is 527 Main Street, Windermere, Florida 34786, and CPB HILLTOP, LLC, a Florida limited liability company, whose mailing address is 18981 US Highway 441, Unit 357, Mount Dora, Florida 32757, and any successors or assigns ("Developer"). RECITALS A. Developer desires to develop certain real property, or a portion thereof, consisting of approximately 247.25+/- 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 (the "Property"). B. Prior to the date hereof, Developer filed with the City an annexation application and a Planned Unit Development rezoning application. C. The Property is subject to Planned Unit Development Ordinance No. 2023-025, adopted by the City Council of the City of Clermont as of the date hereof (the "PUD"), which provides 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 Developer to provide an upfront capital contribution to off site public infrastructure within Wellness Way in order for a density increase of 20% above 3.6 dwelling units per acre. E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer has requested a 20% density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an additional 86 residential dwelling units in the Project (the "Units"). F. The City has identified a fire station 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 Unit to be allocated for the 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 Developer 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. ORLDOCS 20391252 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2336 PAGE 28 of 34 2. Densiti Bonus. a. In order to receive the density bonus for the Property in the amount of 86 Units pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer will be obligated to make, at such times and in such amounts as set forth in Section 2.b below, a capital contribution to the City for the construction of a fire station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each of the 86 Units, with the aggregate contribution for all 86 Units being equal to One Million Two Hundred Ninety Thousand and No/100 Dollars ($1,290,000.00) (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 at such times and in such amounts as set forth below: Installment Payment # Amount on/before # of Units _ .— plat approval for the initial phase of 1 $645,000 Project 43 Plat approval for the final phase of the 2 $645,000 Project 43 I Total $1,290,000 1 86 C. Developer shall be entitled to the number of Units corresponding to the respective installment payment, as set forth in the table above, as of the actual date of payment of such installment payment. Developer shall specifically note on the construction plans for such phase of the Project the total number of Units and corresponding lot numbers in such phase. d. If Developer fails to timely pay an installment payment set forth in Section 2.b above, Developer 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 the failure to pay such installment payment is not cured within thirty (30) days after receipt of such written notice from the City, then such failure shall constitute a default under this Agreement. Developer expressly agrees, in the event of default, City may withhold any and all building permits for 43 Units until such time as Developer pays such outstanding installment payment; provided, however, that upon payment of such installment payment, Developer shall be entitled to the 43 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 pursuant to the terms of the PUD, then no payment shall be due hereunder and this Agreement shall expire upon cancellation of the PUD. e. This Agreement shall not prevent Developer 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 Lake County 2 ORLDOCS 20391252 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2337 PAGE 29 of 34 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. 3. Authority-. Developer 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. 4. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 5. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Developer. The Effective Date shall be inserted on the first page of this Agreement. 6. 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. 7. Counteraarts. This Agreement may be executed in any number of counterparts each of which when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. [signalure pages appear on immediately following pages] ORLDOCS 20391252 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2338 PAGE 30 of 34 IN WITNESS WHEREOF, the parties hereto have entered into this Community Benefit ihi,as of the Effective Date. � "''•tip;. Kr c y: i' City C, lerk oug Date: Z 3 ZO ZL ORLDOCS 20391252 4 CITY: CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation Name: l'� Y- ' Lt r'r y As its: --rna4z1r— Date: l - Z 3" Z o,Z 4 {Signatures Continued on Next Page} 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2339 PAGE 31 of 34 Witnesses: Signed, sealed and delivered in our presence: i cName: y _ Nam STATE OF FLORIDA COUNTY OF ate( e DEVELOPER: SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company Name: Its: —1 p r __ Date: The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this day of SMJ VNV--`i __, 2024, by e • Y-A �71Q-• as of South Lake Crossings IV LLC, a Florida limited liability company, on behalf of said company. S/He b(is personally known to me or [ ] has produced _ _ (type of identification) as identification. '•: ILEAR eolreu, *A C0ftde � �tttlOflM# l3'iµly��{ Seal ORLDOCS 20392252 4 �Siaturf otary Public c3.dcoq_R _ f ewN.✓ Type or Print Name My Commission Expires: Commission No. '�— 5 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2340 PAGE 32 of 34 Witnesses: Signed, sealed and delivered in our presence: Name: s STATE OF FLORIDA DEVELOPER: CPB HILLTOP, LLC, a Florida limited liability company By: Y" Name: r — SCE\ _. its: _ _ilk- L."_ j� �.' ___._ —. Date: a _� 6 1 � � COUNTY OF G['C'-� The foregoing ins ent was ac owledged before me by means of physical presence or ❑ online notarization, this in day of . 2024, by ezrihAilk 1 d C A , as _. of CPB Hilltop, LLC, aFlorida limited liability company, on behalf of said company. S/He is personally known to me or [ ] has produced (type of identification) as identification. Signature of ' - - Public Type or Print Name 4i""'�. MARWRET BRINK `h; Notary Public - State of Florida My Commission Expiresi' ssfen FNH 328493 Seal Commission No. '_•.., M1: Mv COMM. 15 +fires Dec 27, 2026 Bonded through National Notary Assn. ORLDOCS 20391252 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2341 PAGE 33 of 34 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Swap PUD Rezoning Application - Legal Description A Parcel of land lying in Sections 15, 16 and 22, Township 23 South, Range 26 East, Lake County, Florida. Being more particularly described as: BEGINNING at the Southeast corner of the Southeast Quarter of said Section 16; thence run South 89" 16'46" West along the South line of said Southeast Quarter for a distance of 2479.84 feet to a point on the East right of way line of U.S. Highway 427 /State Road #25 according to Florida Department of Transportation Map Section 238422 1; thence run North 02"16'40" East along said East right of way line for a distance of 97.09 feet; thence departing said East right of way line run North 89"52'47" East for a distance of 357.99 feet to a point on the East line of Bradshaw Road as maintained by Lake County, Florida; thence run the following courses along said East line: North 08'31'11" East for a distance of 108. 76 feet; thence run North 08"04'22" East for a distance of 203.58 feet; thence run North 07"32'08" East for a distance of 301.61 feet; thence run North 08"01'59" East for a distance of 100.03 feet; thence run North 06" 13'32" East for a distance of 99.03 feet; thence run North 01 "53'26" West for a distance of 106.21 feet; thence run North 17"53'1 Q" West for a distance of 101.00 feet; thence run North 32"15' 43" West for a distance of 124.94 feet; thence run North 25"06'36" East for a distance of 22.17 feet to the intersection with the South line of 5 Mile Road as maintained by Lake County, Florida; thence run the following courses along said South line: South 88"38'57" East for a distance of 193.29 feet; thence run North 89"50'32" East for a distance of 154.07 feet; thence run South 88"57'53" East for a distance of 597.94 feet; thence run South 89"04'13" East for a distance of 1648.76 feet; thence run South 89" 10'22" East for a distance of 300.67 feet; thence run South 89"29' 11 " East for a distance of 299.23 feet; thence run South 89"35'06" East for a distance of 500.01 feet; thence run South 89"37'32" East for a distance of 399.93 feet; thence run South 88"36'09" East for a distance of 100.54 feet; thence run North 8T0l'31" East for a distance of 99.52 feet; thence run North 88"41'15" East for a distance of 389.00 feet; thence run North 75.39'41" East for a distance of 180.49 feet; thence run North 70"38'01" East for a distance of 85.81 feet; thence run North 75"47'42" East for a distance of 48.13 feet; thence run North 84"56'34" East for a distance of 22.09 feet; thence departing said South maintained line run South 00"18'54" West for a distance of 47.05 feet; thence run South 89"41'06" East for a distance of 40.00 feet; thence run North 00" 18'54" East for a distance of 50.00 feet to the aforesaid South maintained line of 5 Mile Road; thence run the following courses along the aforesaid South maintained line and the West maintained line of 5 Mile Road: South 89" 19' 15" East for a distance of 248.15 feet; thence run South 89"51'57" East for a distance of 200.19 feet; thence run South 89"48'55" East for a distance of 196.42 feet; thence run South 89"25'54" East for a distance of 201.34 feet; thence run North 89"56' 45" East for a distance of 301.13 feet; thence run South 89"48'02" East for a distance of 400.83 feet; thence run South 88"41'42" East for a distance of 100.78 feet; thence run North 89"48'54" East for a distance of 197.56 feet; thence run South 89"50'13" East for a distance of 304.21 feet; thence run South 83"05'13" East for a distance of 97.81 feet; thence run South 60"30'46" East for a distance of 47.74 feet; thence run South 43"04°26" East for a distance of 62.59 feet; thence run South 04"5922"' East for a distance of 80.69 feet; thence run South 02'24"26" West for a distance of 404.28 feet; thence run South 00'32'02" West for a distance of 779.65 feet to a point on the North line of the Northeast Quarter of the Northeast Quarter of aforesaid Section 22; thence run North 88"49'23" West along said North line for a distance of 1. 79 feet to a point on the West right of way line of 5 Mile Road as recorded in Official Records Book 357, Page 21 of the Public Records of Lake County. Florida, thence run South 00" 19'09" West along said West right of way line for a distance of 1310.25 feet to a point on the South line of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 89"00'54" West along said South line for a distance of 1290.91 feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 00'20'55" East along the West line of the Northeast Quarter of the Northeast Quarter of aforesaid ORLDOCS 20391252 4 INSTRUMENT# 2024020361 OR BOOK 6287/PAGE 2342 PAGE 34 of 34 Section 22 for a distance of 1314.56 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 88"49'23" West along the North line of the Northwest Quarter of the Northeast Quarter and the North line of the Northwest Quarter of said Section 22 for a distance of 3969.87 feet to the POINT OF BEGINNING. Containing 10,770,217 square feet or 247.25 acres, more or less. EAST PARCEL Contains 8,269,644 square feet, 189.84 acres WEST PARCEL Contains 2,500,573 square feet, 57.41 acres OVERALL PROPERTY Contains 10,770,217 square feet or 247.25 acres, more or less. 8 ORLDOCS 2D391252 4 CLER1" �ONT CITY OF CLERMONT � eof«a ORDINANCE NO. 2023-025 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. NOW THEREFORE, The City Council of the City of Clermont, Lake County, Florida, hereby ordains that: SECTION 1: The Official Zoning Map of the City of Clermont, Lake County, Florida, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances, is hereby amended by rezoning the following described property: LEGAL DESCRIPTION PARCEL ID: 13-23-25-090-0049-00000 A PARCEL OF LAND LYING IN SECTIONS 15, 16 AND 22, TOWNSHIP 23 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE RUN SOUTH 89"16'46" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER FOR A DISTANCE OF 2479.84 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY #27 /STATE ROAD #25 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION 238422 1; THENCE RUN NORTH 02"16'40" EAST ALONG SAID EAST RIGHT OF WAY LINE FOR A DISTANCE OF 97.09 FEET; THENCE DEPARTING SAID EAST RIGHT OF WAY LINE RUN NORTH 89"52'47" EAST FOR A DISTANCE OF 357.99 FEET TO A POINT ON THE EAST LINE OF BRADSHAW ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES ALONG SAID EAST LINE: NORTH 08'31'lI" EAST FOR A DISTANCE OF 108. 76 FEET; THENCE RUN NORTH 08"04'22" EAST FOR A DISTANCE OF 203.58 FEET; THENCE RUN NORTH 07"32'08" EAST FOR A DISTANCE OF 301.61 FEET; THENCE RUN NORTH 08"01'59" EAST FOR A DISTANCE OF 100.03 FEET; THENCE RUN NORTH 06" 13'32" EAST FOR A DISTANCE OF 99.03 FEET; THENCE RUN NORTH 01 "53'26" WEST FOR A DISTANCE OF 106.21 FEET; THENCE RUN NORTH 17"53'1 Q" WEST FOR A DISTANCE OF 101.00 FEET; THENCE RUN NORTH 32"15' 43" WEST FOR A DISTANCE OF 124.94 FEET; THENCE RUN NORTH 25"06'36" EAST FOR A DISTANCE OF 22.17 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF 5 MILE ROAD AS MAINTAINED BY LAKE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES ALONG SAID SOUTH LINE: SOUTH 88"38'57" EAST FOR A CITY OF CLERMONT CLE ORDINANCE NO.2023-025 DISTANCE OF 193.29 FEET; THENCE RUN NORTH 89"50'32" EAST FOR A DISTANCE OF 154.07 FEET; THENCE RUN SOUTH 88"57'53" EAST FOR A DISTANCE OF 597.94 FEET; THENCE RUN SOUTH 89"04'13" EAST FOR A DISTANCE OF 1648.76 FEET; THENCE RUN SOUTH 89"10'22" EAST FOR A DISTANCE OF 300.67 FEET; THENCE RUN SOUTH 89"29' 11 " EAST FOR A DISTANCE OF 299.23 FEET; THENCE RUN SOUTH 89"35'06" EAST FOR A DISTANCE OF 500.01 FEET; THENCE RUN SOUTH 89"37'32" EAST FOR A DISTANCE OF 399.93 FEET; THENCE RUN SOUTH 88"36'09" EAST FOR A DISTANCE OF 100.54 FEET; THENCE RUN NORTH 8T01'31" EAST FOR A DISTANCE OF 99.52 FEET; THENCE RUN NORTH 88"41' 15" EAST FOR A DISTANCE OF 389.00 FEET; THENCE RUN NORTH 75.39'41 " EAST FOR A DISTANCE OF 180.49 FEET; THENCE RUN NORTH 70"38'01" EAST FOR A DISTANCE OF 85.81 FEET; THENCE RUN NORTH 75"47'42" EAST FOR A DISTANCE OF 48.13 FEET; THENCE RUN NORTH 84"56'34" EAST FOR A DISTANCE OF 22.09 FEET; THENCE DEPARTING SAID SOUTH MAINTAINED LINE RUN SOUTH 00"18'54" WEST FOR A DISTANCE OF 47.05 FEET; THENCE RUN SOUTH 89"41'06" EAST FOR A DISTANCE OF 40.00 FEET; THENCE RUN NORTH 00" 18'54" EAST FOR A DISTANCE OF 50.00 FEET TO THE AFORESAID SOUTH MAINTAINED LINE OF 5 MILE ROAD; THENCE RUN THE FOLLOWING COURSES ALONG THE AFORESAID SOUTH MAINTAINED LINE AND THE WEST MAINTAINED LINE OF 5 MILE ROAD: SOUTH 89"19'15" EAST FOR A DISTANCE OF 248.15 FEET; THENCE RUN SOUTH 89"51'57" EAST FOR A DISTANCE OF 200.19 FEET; THENCE RUN SOUTH 89"48'55" EAST FOR A DISTANCE OF 196.42 FEET; THENCE RUN SOUTH 89"25'54" EAST FOR A DISTANCE OF 201.34 FEET; THENCE RUN NORTH 89"56' 45" EAST FOR A DISTANCE OF 301.13 FEET; THENCE RUN SOUTH 89"48'02" EAST FOR A DISTANCE OF 400.83 FEET; THENCE RUN SOUTH 88"41'42" EAST FOR A DISTANCE OF 100.78 FEET; THENCE RUN NORTH 89"48'54" EAST FOR A DISTANCE OF 197.56 FEET; THENCE RUN SOUTH 89"50'13" EAST FOR A DISTANCE OF 304.21 FEET; THENCE RUN SOUTH 83"05'13" EAST FOR A DISTANCE OF 97.81 FEET; THENCE RUN SOUTH 60"30'46" EAST FOR A DISTANCE OF 47.74 FEET; THENCE RUN SOUTH 43"04°26" EAST FOR A DISTANCE OF 62.59 FEET; THENCE RUN SOUTH 04"59'22"' EAST FOR A DISTANCE OF 80.69 FEET; THENCE RUN SOUTH 02'24"26" WEST FOR A DISTANCE OF 404.28 FEET; THENCE RUN SOUTH 00'32'02" WEST FOR A DISTANCE OF 779.65 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG SAID NORTH LINE FOR A DISTANCE OF 1.79 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 5 MILE ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 357, PAGE 21 OF THE PUBLIC RECORDS OF LAKE COUNTY. FLORIDA; THENCE RUN SOUTH 00" 19'09" WEST ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 1310.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 89"00'54" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 1290.91 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 00'20'55" EAST ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 22 FOR A DISTANCE OF 1314.56 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE RUN NORTH 88"49'23" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTH LINE OF CITY OF CLERMONT CLE ORDINANCE NO.2023-025 THE NORTHWEST QUARTER OF SAID SECTION 22 FOR A DISTANCE OF 3969.87 FEET TO THE POINT OF BEGINNING. CONTAINING 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS. EAST PARCEL CONTAINS 8,269,644 SQUARE FEET, 189.84 ACRES WEST PARCEL CONTAINS 2,500,573 SQUARE FEET, 57.41 ACRES OVERALL PROPERTY CONTAINS 10,770,217 SQUARE FEET OR 247.25 ACRES, MORE OR LESS. LOCATION: 1.5 miles south of Hartwood Marsh Road, east US 27 and south of Five Mile Road Alternate Key 3926960 PROPERTY REZONING From: Urban Transition UT To: Planned Unit Development (PUD) SECTION 2: GENERAL CONDITIONS This application for a Planned Unit Development is to allow for a single-family residential subdivision and non-residential uses on the property described above (hereinafter the "Property"); be granted subject to the following conditions: S CLERWONT CITY OF CLERMONT «ea,« ORDINANCE NO.2023-025 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: Wellness Way Swap PUD Land Use Plan, prepared by VHB with a latest issue date of December 14, 2023. Formal construction plans incorporating all conditions stated in this permit shall be submitted for review and approved by the Site Review Committee prior to the issuance of a zoning clearance or other development permits. 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. 5. All Fire Department Access for the Project shall be provided in Accordance with the Florida Fire Prevention Code. The Alleys for the project are part of the Required Fire Apparatus Access Road and shall meet the requirements of Chapter 18.2 of the Florida Fire Prevention Code with a minimum width of 20 feet. The surface of the Fire Apparatus Access Roads in the Alleys shall be striped with No Parking Fire Lane Yellow markings. No Parking Fire Lane signs are required. The required No Parking Fire Lane Signs shall be installed on both sides of the alleys, every 60 feet. All Multifamily Buildings and Attached single family dwelling units shall be provided with Fire Sprinklers. SECTION 3: LAND USES AND SPECIFIC CONDITIONS This application for a Planned Unit Development to allow for single-family residential development and non-residential uses be granted subject to the following conditions: 1. The project may be developed in multiple phases. The project shall be developed according to the Neighborhood District and the Multi Use W 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 District and Multi Use W District contained in the City's Comprehensive Plan and Wellness Way Community Guidelines and Standards, as referenced in Section 125-464 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: CITY OF CLERMONT C� ,, ORDINANCE NO.2023-025 NEIGHBORHOOD DISTRICT Total Property Area (TPA) minus wetlands 190.2 Acres Open Space 30% 57.1 Acres Center 5% 9.5 Acres Residential 65% 123.6 Acres MULTI USE W DISTRICT Total Property Area (TPA) WWI40.0 Acres Open Space 30% 12.0 Acres Center 20% 8.0 Acres Residential 50% 20.0 Acres I 3. The Developer has elected to use Policv 2.3.4.1: Flexibility of Future Land Use Category Boundaries within Single Ownership if proposed PUD contains more than one Future Land Use category, as in this case: Neighborhood District and Multi Use W District. The developer may propose the relocation of the boundaries of each FLU category within the boundaries of the PUD, to provide flexibility in overall project design. The resulting development program/entitlement shall not exceed the program/entitlement of the original FLU category boundaries. The burden is on the developer to show how the proposed boundary modification results in a superior project design and how it exceeds the goal and objectives of Wellness Way. In electing to use Policy 2.3.4.1, Developer has relocated the boundaries of the Neighborhood District and Multi Use W District within this PUD and has satisfied Developer's burden set forth in the immediately foregoing sentence. 4. The Residential Program will be developed according to the table below for the overall PUD: NEIGHBORHOOD DISTRICT I 3.6 DU/ACRE Wellness Way Area Program 1 445 dwelling units Policy 2.9.1 Density Bonus 8 dwelling units (4 acres of donated ROW x 2 du/acre) Policy 2.3.2 Density Bonus 86 dwelling units (123.6 ac x 4.3 du/ac 20% for Community Benefit) MULTI USE W DISTRICT 8 DU/ACRE Wellness Way Area Program 160 dwelling units Total Maximum Residential Units 699 dwelling units S_ CLEMONT CITY OF CLERMONT ORDINANCE NO.2023-025 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 form 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. 6. The Non -Residential Program uses will be developed according to the table below: NEIGHBORHOOD DISTRICT Center Acres 9.5 Acres Floor Area Ratio Maximum 0.30 Total Maximum Center Program Uses 124,041 square feet MULTI -USE W DISTRICT Center Acres 8.0 Acres Floor Area Ratio Minimum 0.30 Total Maximum Center Program Uses 104,570 square feet Total Non -Residential 228,612 7. Open Space shall consist of 69 acres, in which 59 acres will be used for Wellness Space and the remaining 10 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 for each phase. 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 17.2% or 42.5 acres of the site as indicated on Cut & Fill Analysis, Sheet C-10 of the Wellness Way Swap 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. CI.ERW" T CITY OF CLERMONT �.� ORDINANCE NO.2023-025 RESIDENTIAL DEVELOPMENT STANDARDS Single Family Attached Single Family Detached Dwelling Units Dwelling Units Townhomes 50' Lots 60' Lots Minimum Lot Width 20 ft 50 ft 60 ft Minimum Living Area (square feet) 1,400 1,500 1,500 Minimum Lot Depth 108 ft 120 ft 120 ft Minimum Front Building Setback 15 ft (alley load) 20 ft 20 ft Minimum Garage Setback (front/rear) 20 ft 25 ft 25 ft (measured from edge of pavement) Minimum Side Yard Setback 0 ft15 ft (end units) 5ft 5ft Setback From Side Street loft loft loft Minimum Rear Yard Setback 15 ft 15 ft 15 ft Minimum Rear Yard Setback for Pools, 5ft 5ft 5ft Patios, Decks or Ancillary Structures Minimum Building Separation loft loft 10 ft Maximum Impervious Surface Ratio (ISR)' 0.85 0.75 0.75 Maximum Building Height' 2-stories 2-stories 2-stories Setback from Normal High Water Line, Mean High Water Line, or Jurisdictional 50 ft 50 ft 50 ft Wetland Line Minimum Front Yard Utility Easement loft loft loft Minimum Side and Rear Yard Drainage and 5ft 5ft 5ft Utility Easement '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. 'The maximum height for recreational amenity buildings shall be 55 ft. 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. CITY OF CLERMONT CLEF NT ORDINANCE NO.2023-025 12. The project may have gated private streets for vehicular access as indicated on the Wellness Way Swap 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 located east of Hancock Road 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 development will be served with connections on Hancock Road for the east side of the property and US 27 for the west side of the property with no interconnection between the two properties. The following intersection improvements will be required to be constructed: i. Project Driveway at Hancock Road: Add northbound left (245 feet), southbound left (245 feet), northbound right turn lane (245 feet) and a southbound right (245 feet). Add traffic signal when warrants are met. ii. Project Driveway East at US 27: Add a full access connection on US 27 (permitting to be obtained from FDOT at the time the West Property develops). Add a southbound left (755 feet) and northbound right turn lane (505 feet). Add traffic signal when warrants are met. iii. School Entrance on East Property Access Road: Add an eastbound left turn lane (245 feet) with two-way stop control. This improvement shall be constructed by Lake County School Board (LCSB). 17. 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 Segment D South — Phase 2 and Segment D North. 6 CLEOONT CITY OF CLERMONT —e'er ORDINANCE NO.2023-025 18. Prior to the issuance of any permits (horizontal, engineering, or vertical building permits), for that phase of development that is adjacent to the existing Bradshaw Road, the developer shall establish, to the satisfaction of the City and Lake County, that the future development of the existing Bradshaw Rd (prescriptive County easement) can be achieved within public right- of-way(ROW). The future ROW to be reserved shall be up to 60 foot in width along with the possibility of an additional temporary slope easement. 19. Coordination between the Developer, Lake County, City of Clermont, and/or the Lake County School Board shall be required for the continuation of the existing Clay Trail (aka 5 Mile Road). If the Clay Trail is elected to be improved or modified, all parties agree to provide an equitable solution in preserving this important feature of the area. 20. Street lighting installation shall be included for all Planned Unit Development internal roadways. The Developer shall coordinate with the power utility provider for the installation and placement. The Developer, or any Homeowners Association or Community Development District created for or related to the Property or the project, or any phase thereof shall be responsible for the cost of installation, operation, and maintenance of street lighting located east of Hancock Road. The lighting installed shall meet the Dark Sky standards. 21. School concurrency shall be met before final plat approval for the respective phase in accordance with the Comprehensive Plan and Land Development Code. 22. All school facilities shall be constructed in accordance with the Florida Department of Education standards (SREF). 23. The Developer shall provide water quality treatment and attenuation meeting SJRWMD requirements for all stormwater from the 15 acre Parcel 1 Elementary School Site in the off -site pond located south of the south neighborhood connector road, in tract W-17. 24. The owner/developer shall notify owners in writing: (i) mining activities are in the vicinity and there are sounds, fugitive dust particles and other potential hazards that may be encountered periodically resulting from the existing sand mine, (ii) the property is located within the Lake Louisa State Park Smoke Shed and at times less than desirable conditions may exist due to controlled burning, (iii) the property is located adjacent to a reclaimed water and disposal facility, and (iv) the property is located adjacent to a proposed elementary school site. 25. This Planned Unit Development shall expire in the event that significant continuous development actions authorized or required hereunder for the initial phase of the project do not occur for a period of three (3) years after 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 125-487 (i) as amended, shall apply. CLER ONT CITY OF CLEPWONT ORDINANCE NO.2023-025 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. 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 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. CLERONT CITY OF CLERMONT ORDINANCE NO.2023-025 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 project buffer areas shall comply with Section 5.1 of the Wellness Way Guidelines and Standards. 16. 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. 17. Topsoil and/or soil amendments will be required prior to any landscape planting to help reduce the irrigation needs to maintain healthy landscaping. Landscaping and screening shall be in accordance with the Comprehensive Plan and LDC, as amended. Notice is hereby given that Wellness Way specific standards are under development, and, if adopted, shall apply to any undeveloped portions of this project. 18. All alley served residential dwelling units shall have a rear facing address number with legible numbers not less than three -inches high, placed in a conspicuous place as to be readily seen, such as over a door way or garage door. 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. CITY OF CLERMONT C ORDINANCE NO.2023-025 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. 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. CLEMONT CITY OF CLERMONT ORDINANCE NO.2023-025 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 23`d day of January 2024. ATTEST: Tracy Ackroyd owe, k�— City Clerk CITY OF CLERMONT %MaL Tim Murry,r y\ CLER% NT CITY OF CLERMONT ��� ORDINANCE N0.2023-025 Attachment A: Wellness Way Swap PUD Land Use Plan Latest Issue Date — December 14, 2023 ♦j0 `��� hb WELLNESS WAY SWAP PU D Clermont, Florida Parcel ID: 13-23-25-090-0049-00000 ! e 1 Low Mao Land Use Plan Issued for PUD Approval Date Issued February 8, 2023 Latest Issue December 14, 2023 Number Drawing Tate Latest Issue C-2 Existing Condaions Plan 5/24/2023 C-4 Land Use Plan 12/14/2023 C-S Development Standards 12/14/2023 C-7 Typical Lot Diagrams 10/6/2023 -7 Proposed Build Elevstlons 10/6=3 C-B Park Plan 12/U/2023 - Cu 8 it n C-10 Sgruge Plan 11/21/2023 Owner Land Planner/Civil Engineer South Lake Crossings IV LLC VHB 527 Main St 225 E. Robinson Street, Suite 300 Windermere, FL 34786 Orlando, Florida 32801 Phone: 407.839.4006 . Fax: 407.839.4008 CPB Hiltop, LLC Land Use Attorney: 18981 US Highway 441 Mt Dora, FL 32757 Shutts & Bowen LLP 300 South Orange Ave. Suite 1600 Orlando, Florida 32801 Developer. Lennar 6750 Forum Drive Suite 310 Orlando, Florida 32821 2150 2150 — 1 2150 . II 8360 8360 8360 0------------ II 2110 t 2150 320 10 64102150 6410 30 1140 6410 64 6440 32 110 7 10 ' 2130 642120 2110 I IJ �I 2210 I 3300 2150 IIh11I X^1L Wnd Cover A.,e. w�meam..Aw szm smm.az..umre.e.0.�a,,... a.•.ro, u axr,a,r Wetland v" hb zeeMe Soils w.sw.emsr.o.. e.e. uasmaomse.o,,.sae.. ro�esmo. rop. s.o. �u,.m. s.a o.e•.+.a x m.o wo,maoo.s—M.�vaw0mxr.p. say. msr.pmsao. w�as..a..,.o.Mhros�wa:0m zrop.sao. i Wellness Way _---___ Swap PUD t yam•. � _ _ Mood Zones •�• aveMm EXISTING CONDITIONS C-2 ax.c ry wm awor rm,mr xgmo�ww tl aVhb �d Legend Bou�ry wnuw Mmt w.e..a wn Wellness Way Swap PUD TOPOGRAPHY PLAN C-3 Alternate land Use Plan w/ High School Site Gl 1. `o w %Ihb nM .. . ....... 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M w m�rr rp.rry Ynr rn M1 IOM1 •m, Yrr wrb rrib narYY r mb e. wylmnmrr r.++r�rle•Ier.Mrxrrllm�.o.wr.M.rr.ssmrr•o.worr r.AYW e. b..renew.brrrro•r�wea.ow•a..Ilwlvdrwawewbrl�.ri.�ev.�ar.rb.rm.brlWYmmamw. te. 9r qro r •rw. b bM4y Plater rr rr r rbb rM.mr uP+w lrr.r.r fool a.�....1 ry.lo raw.l.r. It. WrµbwNYnbreYr rr n..r rblYwN•u.rrrYrtl.�lr pryer rn.rwr Wlloc. ,2. ulraN.s.,rrso.rr.rm,rr mlr.r.rrnrelw�vrcrbrr Y.rm.rrr� Wellness Way Swap PUD DEVELOPMENT STANDARDS G5 A-Typkdppaa Satam-naaocYp h ImR�(F-4l ) l t Ll wowae.appe Cametr Tyolul apr Saedr SE r C - local Snap TWal Road Sacdon lI l I r�_1T a � J LJ KEY MAP r �• r .: N.rweplwrdcaaRe,y.kal a.e pdm D-Ty Alley Ro Stttion-OmW y^N � ,..Typkw My R-d Salta - 7np Way hb rrrr.w.rr Wellness Way Swap PUD ROAD SECTIONS C-6 M SOLot 51S�r pk-Fam'Q�L11 60' Lot Si,, t, F:P Lot (Front LosdeA) (Front Loadetl) . f Typical Tm;h Gar�e/Dri W ls`y.:...,doed ) IL stun a 27' x 1/9 Tes (4 units Wm) Yy rw ) —1 2T x 110' Tamlames 6 units Wm) Wky Load ) I M Wellness Way Swap PUD or wvns TYPICAL LOT DIAGRAMS C-7 ---------- - FIEEHI[TT11001 777 F-7� !fVW &"6w - - M W EP M 0 �tg 4-1 ,11 Vhb Wellness Way Swap PUD TYPICAL BUILDING ELEVATIONS C-6A Wellness Way Swap PUD PARK PLAN C-8 r7.77A— e.. co�.ny a�Ern-a wor Lw.cM.maaraw w� - — CC �� y.... '� 34.76 A— i`:ae. axanaMa^^ . I A:«r ,6a hb LEGEND LouOYI Mp^�112%N23 aoas) our tU Wellness Way Swap PUD CUT & FILL PLAN C-9 OAOI "o n LEGEND erye.r C �� -------------------- Wellness Way Sm" G—nd S9. Type M Numb. of AJlo--dHtjM-AN-.dj M- AM"ed M" CWY M-CMM A P.p..d HtpwCmde WkIthproposdd MowodpwCode AmP .4—W P. C." Swap PUD Sign,/El.—tl . 0 ftw-y R.-M." so P—y Regmm' 1 20' 1 20- 1 IS' 15' 8' 1. WELLNESS WAY I 4. SIGNAGE PLAN C-10 primary Resider id Sig, 6 CLEMONT CITY OF CLERMONT ORDINANCE NO.2023-025 Attachment B : Community Benefit Agreement: City of Clermont — South Lake Crossing IV LLC & CPB Hilltop LLC COMMUNITY BENEFIT AGREEMENT THIS COMMUNITY BENEFIT AGREEMENT (this "Agreement") is made and entered into as of the 23 day of AQ,,nta. CoXN 2024 by and between THE CITY OF CLERMONT, a Florida municipal corporation, whose address is 685 W. Montrose St. Clermont, Florida 34711 (the "City"), and SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company, whose mailing address is 527 Main Street, Windermere, Florida 34786, and CPB HILLTOP, LLC, a Florida limited liability company, whose mailing address is 18981 US Highway 441, Unit 357, Mount Dora, Florida 32757, and any successors or assigns ("Developer"). RECITALS A. Developer desires to develop certain real property, or a portion thereof, consisting of approximately 247.25+/- 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 (the "Property"). B. Prior to the date hereof, Developer filed with the City an annexation application and a Planned Unit Development rezoning application. C. The Property is subject to Planned Unit Development Ordinance No. 2023-025, adopted by the City Council of the City of Clermont as of the date hereof (the "PUD"), which provides 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 Developer to provide an upfront capital contribution to off -site public infrastructure within Wellness Way in order for a density increase of 20% above 3.6 dwelling units per acre. E. Pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer has requested a 20% density bonus for the Project above the permitted 3.6 residential dwelling units per acre, resulting in an additional 86 residential dwelling units in the Project (the "Units"). F. The City has identified a fire station 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 Unit to be allocated for the 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 Developer 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. ORLDOCS 20391252 4 2. Density Bonus. a. In order to receive the density bonus for the Property in the amount of 86 Units pursuant to the City of Clermont Comprehensive Plan Policy 2.3.2, Developer will be obligated to make, at such times and in such amounts as set forth in Section 2.b below, a capital contribution to the City for the construction of a fire station within Wellness Way in the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) per each of the 86 Units, with the aggregate contribution for all 86 Units being equal to One Million Two Hundred Ninety Thousand and No/100 Dollars ($1,290,000.00) (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 at such times and in such amounts as set forth below: Installment Payment # Amount on/before # of Units plat approval for the initial phase of 1 $645,000 Project 43 Plat approval for the final phase of the 2 $645,000 Project 43 I Total $1,290,000 1 86 C. Developer shall be entitled to the number of Units corresponding to the respective installment payment, as set forth in the table above, as of the actual date of payment of such installment payment. Developer shall specifically note on the construction plans for such phase of the Project the total number of Units and corresponding lot numbers in such phase. d. If Developer fails to timely pay an installment payment set forth in Section 2.b above, Developer 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 the failure to pay such installment payment is not cured within thirty (30) days after receipt of such written notice from the City, then such failure shall constitute a default under this Agreement. Developer expressly agrees, in the event of default, City may withhold any and all building permits for 43 Units until such time as Developer pays such outstanding installment payment; provided, however, that upon payment of such installment payment, Developer shall be entitled to the 43 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 pursuant to the terms of the PUD, then no payment shall be due hereunder and this Agreement shall expire upon cancellation of the PUD. e. This Agreement shall not prevent Developer 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 Lake County ORLDOCS 20391252 4 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. 3. Authority. Developer 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. 4. Exhibits. All exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if set forth in full herein. 5. Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date this Agreement is last signed by City or Developer. The Effective Date shall be inserted on the first page of this Agreement. 6. 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. 7. Counterparts. This Agreement may be executed in any number of counterparts each of which when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. [signature pages appear on immediately following pages] ORLDOCS 20391252 4 IN WITNESS WHEREOF, the parties hereto have entered into this Community Benefit eT%as of the Effective Date. City Clerk r,c q A.�Ao,Y-P Date: ' -- Z 3 - zo 74 ORLDOCS 20391252 4 CITY: CITY OF CLERMONT, FLORIDA A Florida Municipal Corporation By. Name: Y J t t r r As its: Ma4zx- Date: I- Z--�- Z 0 Z 4 (Signatures Continued on Next Page) 4 Witnesses: Signed, sealed and delivered in our presence: Name: Nam C4XAO 1A 12-"fOWC:;;! STATE OF FLORIDA COUNTY OF Q4A-reAC- DEVELOPER: SOUTH LAKE CROSSINGS IV LLC, a Florida limited liability company By: Name: �_ l Its: _% Ks +p Date: 1 3� The foregoing instrument was acknowledged before me by means of jai• physical presence or ❑ online notarization, this 31 day of.SA J V"4 .2024, by,4�'O" J • V-A" 17m- . as MAtAAE fly PAV0A eW- of South Lake Crossings IV LLC, a Florida limited liability company, on behalf of said company. S/He b(is personally known to me or [ ] has produced (type of identification) as identification. amR - Signature6fotaryublic SOIIVELL w: 'For A-6r* Expke� � �Y � 202i Type or Print Name My Commission Expires: t L 3 yo L�- Sea] Commission No. RV 3 Z ORLDOCS 20391252 4 Witnesses: Signed, sealed and delivered in our presence: Name: //-I ..; STATE OF FLORIDA COUNTY OF Ok),-� SL DEVELOPER: CPB HILLTOP, LLC, a Florida limited liability company By: J� 1• Name:__ Its: 9> t- D -4— Date: r a The foregoing instrument was acknowledged before me by means of 3 physical presence or ❑ online notarization, this �-i"' day of R�r\ . 2024, by �NrAdt J� 1111,(0 VI . as YY IAtA a A. 1 of CPB Hilltop, LLC, a Florida limited liability company, on behalf of said company. S/He Mlis personally known to me or [ ] has produced (type of identification) as identification. t V�Q Signature of Public Type or Print Name i►9Y °ti ••. MARGARET BRINK Notary Public • State of Florida My Commission Expires.: miSsieR A HH 328493 Seal Commission No. ors My Comm. Expires Dec 27, 2026 Bonded through National Notary Assn. ORIDOCS 20391252 4 r ' ' jar . i k EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Swap PUD Rezoning Application - Legal Description A Parcel of land lying in Sections 15, 16 and 22, Township 23 South, Range 26 East, Lake County, Florida. Being more particularly described as: BEGINNING at the Southeast corner of the Southeast Quarter of said Section 16; thence run South 89" 16'46" West along the South line of said Southeast Quarter for a distance of 2479.84 feet to a point on the East right of way line of U.S. Highway #27 /State Road #25 according to Florida Department of Transportation Map Section 238422 1; thence run North 02"16'40" East along said East right of way line for a distance of 97.09 feet; thence departing said East right of way line run North 89"52'47" East for a distance of 357.99 feet to a point on the East line of Bradshaw Road as maintained by Lake County, Florida; thence run the following courses along said East line: North 08'31'11" East for a distance of 108. 76 feet; thence run North 08"04'22" East for a distance of 203.58 feet; thence run North 07"32'08" East for a distance of 301.61 feet; thence run North 08"01'59" East for a distance of 100.03 feet; thence run North 06" 13'32" East for a distance of 99.03 feet; thence run North 01"53'26" West for a distance of 106.21 feet; thence run North 17"53'1 Q" West for a distance of 101.00 feet; thence run North 32"15' 43" West for a distance of 124.94 feet; thence run North 25"06'36" East for a distance of 22.17 feet to the intersection with the South line of 5 Mile Road as maintained by Lake County, Florida; thence run the following courses along said South line: South 88"38'57" East for a distance of 193.29 feet; thence run North 89"50'32" East for a distance of 154.07 feet; thence run South 88"57'53" East for a distance of 597.94 feet; thence run South 89"04' 13" East fora distance of 1648.76 feet; thence run South 89" 10'22" East fora distance of 300.67 feet; thence run South 89"29' 11" East for a distance of 299.23 feet; thence run South 89"35'06" East for a distance of 500.01 feet; thence run South 89"37'32" East for a distance of 399.93 feet; thence run South 88"36'09" East for a distance of 100.54 feet; thence run North 8T01'31" East for a distance of 99.52 feet; thence run North 88"41'l5" East for a distance of 389.00 feet; thence run North 75.39'41" East for a distance of 180.49 feet; thence run North 70"38'01" East for a distance of 85.81 feet; thence run North 75"47'42" East for a distance of 48.13 feet; thence run North 84"56'34" East for a distance of 22.09 feet; thence departing said South maintained line run South 00" 18'54" West for a distance of 47.05 feet; thence run South 89"41'06" East for a distance of 40.00 feet; thence run North 00" 18'54" East for a distance of 50.00 feet to the aforesaid South maintained line of 5 Mile Road; thence run the following courses along the aforesaid South maintained line and the West maintained line of 5 Mile Road: South 89" 19' 15" East for a distance of 248.15 feet; thence run South 89"51'57" East for a distance of 200.19 feet; thence run South 89"48'55" East for a distance of 196.42 feet; thence run South 89"25'54" East for a distance of 201.34 feet; thence run North 89"56' 45" East for a distance of 301.13 feet; thence run South 89"48'02" East for a distance of 400.83 feet; thence run South 88"41'42" East for a distance of 100.78 feet; thence run North 89"48'54" East for a distance of 197.56 feet; thence run South 89"50'13" East for a distance of 304.21 feet; thence run South 83"05'13" East for a distance of 97.81 feet; thence run South 60"30'46" East for a distance of 47.74 feet; thence run South 43"04°26" East for a distance of 62.59 feet; thence run South 04"59'221" East for a distance of 80.69 feet; thence run South 02'24"26" West for a distance of 404.28 feet; thence run South 00'32'02" West for a distance of 779.65 feet to a point on the North line of the Northeast Quarter of the Northeast Quarter of aforesaid Section 22; thence run North 88"49'23" West along said North line for a distance of 1. 79 feet to a point on the West right of way line of 5 Mile Road as recorded in Official Records Book 357, Page 21 of the Public Records of Lake County. Florida; thence run South 00" 19'09" West along said West right of way line for a distance of 1310.25 feet to a point on the South line of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 89"00'54" West along said South line for a distance of 1290.91 feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 00'20'55" East along the West line of the Northeast Quarter of the Northeast Quarter of aforesaid ORLDOCS 20391252 4 4 Section 22 for a distance of 1314.56 feet to the Northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 22; thence run North 88"49'23" West along the North line of the Northwest Quarter of the Northeast Quarter and the North line of the Northwest Quarter of said Section 22 for a distance of 3969.87 feet to the POINT OF BEGINNING. Containing 10,770,217 square feet or 247.25 acres, more or less. EAST PARCEL Contains 8,269,644 square feet, 189.84 acres WEST PARCEL Contains 2,500,573 square feet, 57.41 acres OVERALL PROPERTY Contains 10,770,217 square feet or 247.25 acres, more or less. ORLDOCS 20391252 4