R-02-1241• • -,
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CITY OF CLERMONT
RESOLUTION
NO. 1241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1208, A PLANNED UNIT
DEVELOPMENT, TO ALLOW THE CONSTRUCTION OF SINGLE FAMILY RESIDENCES WITH A 55
FOOT LOT WIDTH AT THE BUILDING SETBACK LINE RATHER THAN THE TOWN HOMES CALLED
FOR IN THE CURRENT CONDITIONAL USE PERMIT. IN ADDITION, A 5 FOOT SIDE YARD, AND 20
FOOT REAR YARD SETBACK AS WELL AS A TYPICAL LOT SIZE OF 6,050 SGIUARE FEET.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held February 5, 2002 recommended approval of this Conditional Use Permit to amend
Resolution No. 1208, a Planned Unit Development, to allow the construction of single family residences
with a 55 foot lot width at the building setback line rather than the town homes called for in the current
Conditional Use Permit. In addition, a 5 foot side yard, and 10 foot rear yard setback as well as a typical
lot size of 6,050 square feet; at the following location:
Legal Description
Hills of Clermont Subdivision, Phase 3 Parcel 2.
The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake
• County, Florida to grant this Conditional Use Permit
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Lake County,
Florida that:
This application for a Conditional Use Permit to amend Resolution No. 1208, a Planned Unit
Development, to allow the construction of single family residences with a 55 foot lot width at the building
setback line, rather than the town homes called for in the current Conditional Use Permit. In addition, a 5
foot side yard, and 20 foot rear yard setback as well as a typical lot size of 6,050 square feet; be granted
subject to the following conditions:
CONDITIONS:
Section 1-General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land
and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any
successor in title or interest, and shall be subject to each and every condition herein set out.
2. Upon approval of the resolution the aforementioned property shall only be used for the purposes
described herein. No further expansion of the use or additions to this project shall be permitted except as
approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by
amendment and approval of the City of Clermont City Council.
3. Construction and operation of the proposed use shall at all times comply with the regulations of
this and other governmental agencies.
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CITY OF CLERMONT
RESOLUTION
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4. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building or structure, or alter the land in any manner within the
boundary of the project without first submitting necessary plans, obtaining necessary approvals, and
obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and
those of other appropriate jurisdictional entities.
5. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for
review and approval by the City of Clermont Site Review Committee. The site plans shall meet all
submittal requirements and comply with the conditions of this Resolution, applicable City Codes,
Regulations, Ordinances, and provide compliance with the adopted City Comprehensive Plan, as
amended.
6. All applicable rules and regulations shall be met, including, but not limited to, final site plan
approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required
landscaping shall be served with a permanent irrigation system including back flow prevention device and
rain sensor equipment. All such appurtenances shall be properly maintained. The drainage and
• stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and
approved by the City Engineer. All such areas shall be properly maintained.
7. Performance bonding shall be required for all public infrastructure (transportation, potable water,
and waste water systems) and reclamation improvements, including on-site and off-site locations,
evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and
submitted by the Engineer of record and approved by the City Engineer. The City shall then determine
the bond amount in accordance with adopted City Code regulations.
8. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing
random inspections for compliance with Conditional Use Permits conditions.
9. If any of the stated conditions are violated, the applicant understands and agrees that the City
Council may revoke this Conditional Use Permit by resolution.
10. This permit shall become null and void if substantial work has not begun within two (2) years of
the date of execution of this Conditional Use Permit.
11. No further expansion of the use or additions to the use shall be permitted except as approved by
another Conditional Use Permit.
12. Identification of the following numbered parcels is depicted on the plan entitled "Amended PUD
Development Plan" as prepared by Glatting, Jackson et al and dated 6/01/01. A density of six (6) units
per acre shall be allowed on the 12.3 acre portion of the PUD east of Hancock Rd. and identified as
Parcel #2. A density of 6.5 units per acre shall be allowed on the 25.3 acre portion of the PUD west of
Hancock Rd. and identified as Parcel #4. All Multifamily projects shall be approved pursuant to a
conditional use permit, and subject to R-3 zoning district criteria. Commercial uses shall be allowed on
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C1TY OF CLERMONT
RESOLUTION
NO. 1241
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the 11.5 acres identified as Parcel #3. Parcel #3 shall have commercial uses in accordance with the C-2
General Commercial Zoning District with the exception of the following uses which shall be prohibited:
All 24 hour operations;
Automobile and truck services, car washes, and automobile, truck, boat and farm equipment
sales;
Recreation facilities, theaters, including drive-ins, bowling alleys, skating rinks, billiard halls,
miniature golf courses, driving ranges, and tourist attractions;
Restaurants with drive throughs;
Lounges, liquor stores, lodges or clubs;
Residential storage warehouses;
• Agricultural service operations;
Utility facilities (i.e., electrical transformers, gas regulator stations etc.);
Convenience stores and gas stations;
Laundries;
Hotels, motels, and recreational vehicle parks;
Automobile and truck repair garages, and painting, welding and body shops;
Multifamily residential development;
Mobile home parks;
Cemeteries;
Bus terminals, major equipment sales, manufactured housing sales, travel trailer and
recreational vehicle sales.
13. In the event that construction has not begun within eleven (11) months from the date of the
approval of this Conditional Use Permit the permittee, heirs or assigns shall provide complete reclamation
of the site. Reclamation shall be performed in conformance with the reclamation plan (as required in
Section 1, Item 3) approved by the City Engineer, and in accordance with accepted best management
practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns
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CITY OF CLERMONT
RESOLUTION
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River Water Management District. The minimum reclamation plan shall address the following
characteristics:
A. Objective -The primary objective of the reclamation plan is to provide for a final project site
which is conducive to future development, compatible with the surrounding topography and
approximate pre-construction surface water drainage characteristics without subsequent erosion.
The final grading of the project site shall conform to the grades, lines, slopes and contours shown
on the approved reclamation site plan (as required in Section 1, Item 3).
B. Grading and stabilization -All areas disturbed during the construction operation shall be
graded, dressed and stabilized, in accordance with the approved reclamation site plan (as
required in Section 1, Item 3) and the U.S.D.A., S.C.S. recommendations. Topsoil from the site
shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The
retention areas shall be regraded to the original dimensions and stabilized in accordance with
plans approved by the City Engineer.
C. Landscaping and reforestation - Within 30 days of the expiration of the Conditional Use
• Permit, all areas of the subject site shall be seeded and mulched, or sodded, as required to
control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be
seeded with a quick growing grass species which will provide an early cover during the season in
which it is planted, and will not later compete with the permanent grassing. All City of Clermont
landscape and tree requirements shall be complied with. All reforestation operations shall
provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in
compliance with the City of Clermont Tree Ordinance. Conversely, tree species designated as
undesirable by the City of Clermont Tree Ordinance shall not be acceptable.
D. Reclamation time horizons - At the end of six months from the completion of the reclamation
project, at least 80% of the reclaimed areas shall have permanently established ground cover.
By the end of one year, ground cover shall be established on 100% of the reclaimed areas.
Should erosion problems occur prior to final approvals by the City of Clermont, such eroded areas
shall be regraded and stabilized as necessary to comply with the intent of this reclamation
requirement.
E. Structure and debris eradication -All debris, refuse, junk, poles, piling, cables and other
construction related articles shall be removed from the project area as part of the reclamation
process. Any construction related structures erected during the devefoprrient operation shall be
dismantled and removed, unless approvals from the appropriate authorities permit otherwise. In
general, the area shall be returned to natural conditions that are conducive to future development
and compatible with the surrounding topography.
2. The Wastewater Impact Fee charges shall be provided in the following manner:
(a) At the time of project inception $70,000 shall be utilized from the Utility Service
Agreement currently held with Mak Development, Inc.
(b) Upon depletion on the initial $70,000 from the Utility Service Agreement, a bulk sum
• payment of $70,000 shall be provided to the City.
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CITY OF CLERMONT
RESOLUTION
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(c) Upon depletion of the $70,000 bulk payment allotment, the developer shall provide
required payment on a unit-by-unit basis to be submitted at the time of individual building
permit request.
Section 2 - Physical Site Development
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the site
during the site plan review process which must be approved by the City Site Review Committee prior to
initiation of development activity.
2. Noise levels during construction shall not exceed those recommended by the Florida Department
of Environmental Protection. Any vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00
P.M. Monday through Saturday only. Vibrations shall be limited to avoid any damages to neighboring
persons or properties. Heavy Equipment and normal work operations will be allowed on the site between
the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Heavy Equipment or heavy machinery
engines will not be started earlier than 7:00 A.M. on any approved work day.
• 3. All excavated material shall be stored in a location approved by the City Engineer.
4. Geotechnical information regarding the soil characteristics of the site shall be submitted to the
City as part of the Site Review process.
5. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately intended. Said plan
shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance
with best management practices (BMP) of the U.S.D.A. Soil Conservation Service.
6. In areas where substantial earth work requires filling/compaction, density tests will be conducted
at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be
compacted to 95% density of modified proctor.
7. A dust abatement plan shall be submitted to the City detailing measures to be taken in eliminating
the migration of dust particles from the site. The plan must specifically outline those measures
recommended by the United States Department of Agriculture Soil Conservation Service and the Florida
Department of Environmental Protection (FDEP).
8. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such as water
retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited.
9. The minimum street right-of-way width for those portions of the proposed project lying east of
Hancock Road shall be sixty (60) feet and for that portion of the proposed project lying west of Hancock
Road shall be fifty (50) feet. The minimum front and rear yard setbacks for the entire project shall be
twenty (20) feet.
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10. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
11. The developer/permittee shall be responsible for the cost of all required on-site and off-site
infrastructure improvements necessitated by impacts of the project.
12. The single family residential subdivision on Parcel #2 may develop according to the following
minimum standards:
Lot width at front setback 55 ft.
Lot width at street 35 ft.
Lot size 6050 sf
Front yard setback 20 ft.
Rear yard setback 20 ft.
Side yard setback 5 ft.
Corner lot side yard setback 20 ft.
Impervious surface coverage ratio 65%
Section 3 -Transportation Improvements
1. Sidewalks shall be constructed along all roadways in conformance with City and Florida
Department of Transportation (FDOT) Standards. Construction shall be provided in accordance with
adopted Ciry Codes.
2. The permittee/developer shall provide off-street parking and loading spaces as required by City
Code. All said required parking and vehicular use areas shall be landscaped in conformance with
adopted City Code.
3. The permittee/developer shall construct internal traffic connection links that provide direct
transportation access between the parcels to be initially developed and those identified for future
development.
4. At such time as signalization is determined warranted and necessary at the intersection of
Hancock Rd. and Hook St., the permittee/developer shall pay a pro rata share of improvement costs
based on the total trips generated by Hills of Clermont PUD as a percentage of the total trips on the
roadway. Project specific on-site/off-site transportation improvements consistent with identified project
impacts will be the sole responsibility of the developer.
5. Prior to construction and development of the commercial center portion of the project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on the City's
transportation system. Project expansion whose site location, anticipated total trip generation, circulation
patterns, or other such factors that warrant a more extensive review of traffic impacts may also be
required a traffic analysis; performance shall be contingent upon formal notification by the City.
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RESOLUTION
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6. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
7. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for
any activity proposed to occur along Highway 50 right-of-way prior to issuance of development
approval or permitting by the City. Applicable Lake County permits shall be required and filed
with the City for any activity proposed to occur along Hancock Road prior to issuance of development
approval or permitting by the City.
8. The permittee shall dedicate right-of-way along Hancock Road, the length of the subject property,
to provide compliance with directions of the Comprehensive Plan for collector road implementation
standards (i.e. eighty (80) feet minimum width). Also, a 100 ft. temporary construction easement shall be
granted to the County on both sides of Hancock Road for a period or one (1) year from the date of
approval of the conditional use permit.
9. Right-of-way for the extension of Hook Street shall be dedicated by August 17, 2001. Said
dedication shall apply to properties that are located on both the east and west sides of Hancock Road. A
deed conveying right-of-way for Hook St. and Hancock Rd. shall be placed in escrow with the City
Attorney. This escrow is expressly conditioned upon final approval of the agreed to land use and zoning
approvals in Comprehensive Plan Amendment #LS2001-01 and Resolution No. 1208. Actual dedication
shall occur in the following manner:
1) West of Hancock Road - a 100 foot wide right-of-way for the construction of Hook St. shall be
dedicated the length of the subject parcel. The alignment of the right-of-way is to be determined
by Lake County and the City of Clermont subject to minor survey changes for proper roadway
alignment.
2) East of Hancock Road -The permittee shall dedicate right-of-way, 100 feet in width, for the future
extension of Hook St. from Hancock Rd. to the eastern boundary of the subject property.
10. At the time of commercial property development of Parcel #5, the permittee shall complete
installation of all necessary infrastructure improvements for ingress/egress roadways and connectors
between SR 50 and Hook Street. The required improvements shall be constructed in accordance with
design, specifications and plans approved by the Florida Department of Transportation, Lake County, and
the City of Clermont Site Review Committee, appropriately. Finished grades and elevations for Hook
Street, other appurtenant transportation improvements, the commercial property and all other project
properties shall be established and constructed to assure consistent project correlation.
11. The multifamily townhome project proposed for the 12.3 acres east of Hancock Rd., Parcel 2,
shall provide driveway access to Hook St. in addition to Hancock Road.
12. Access to the Hills of Clermont PUD properties shall be in substantial accordance with access as
depicted on the plan entitled "Amended PUD Development Plan" as prepared by Glatting, Jackson, et al
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CITY OF CLERMONT
RESOLUTION
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and dated 6/01/01 with the exception of the full median opening shown on S.R. 50 west of Hancock Rd.
Staff does not support a full median opening at any point along the S.R. 50 frontage of the PUD.
13. Cross access shall be provided to the properties west of Parcel #5.
14. Roadway access shall be provided from the Hills of Clermont subdivision to the future
Hook St.
15. If at the time of construction of Parcel #2 Lake County is able to reimburse the
permittee/developer with cash, the permittee/developer shall construct Hook St. from Hancock Rd. to the
eastern boundary of the PUD.
Section 4 -Stormwater Management
1. Permeability tests must be submitted as part of the site plan review process. Permeability shall
be maintained.
• 2. Verification of the stormwater run-off data, assumptions and calculations shall be provided to, and
approved by, the City Engineer prior to any development activity. Positive outfall for stormwater shall be
provided as approved by the City Engineer.
3. A St. John's River Water Management District stormwater permit shall be required and filed with
the Ciry prior to receipt of a development permit or any development activity on the site.
4. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes
shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in
accordance with adopted City Code.
5. Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Improvements/Landscaoing
All signage shall conform to adopted City Codes and Standards.
2. A fifteen ft. wide landscape buffer shall be provided along the Hancock Road frontage of the
multifamily project on Parcel #2. A fifteen ft. landscape buffer shall be provided for any development
along the west side of Hancock Road. Buffering and screening shall be required from all abutting uses in
accordance with adopted City Codes and in conformance with the approved site and landscaping plan
approved by the City Site Review Committee. All required landscaping must be served with a permanent
irrigation system, including rain sensor gauge. Water for irrigation shall be provided by an irrigation well
as approved by the SJRWMD. The system and all dependant devices shall be properly maintained.
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CITY OF CLERMONT
RESOLUTION
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3. A site lighting plan shall be submitted and approved for each parcel developed on the site.
Lighting shall be designed, installed and directed to fall upon the subject site and not adversely impact
abutting properties.
4. All dumpster and other external equipment sites shall be enclosed with masonry structures with
wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code
and plans approved by the City Site Review Committee.
5. Architectural finish, building, and landscape design plans for the commercial centers shall be
submitted to and approved by the Site Review Committee prior to any development activity to ensure
aesthetic and public safety considerations are not adversely impacted.
6. Commercial display of commodities for sale shall be located within a completely enclosed
building and conform to City regulations for storage, screening, and locational criteria for placement
adjacent to the tenant structure, unless an open air sales permit has been received and approved by the
City Manager.
• DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 26T" DAY OF FEBRUARY 2002.
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urville, Mayor
est:
sep Van Zile, C' Clerk
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SUBMITTAL REOUIREMENT5
1. OWNER/APPLICANT: Greater Construction Corp. & Maynard K. Knapp, Trustee
. 1105 Kensington Park Drive
Altamonte Springs, Florida 32714
(407) 869-0300
2. LEGAL DESCRIPTION: Hills of Clermont
Parcels A - D
Parcel A -Tract 19, Tract 20, Tract 29, Tract 30, Tract 31,
Tract 32, Tract 33 and Tract 34 of the map of property of
Lake Highlands Company of Florida, recorded in Plat Book
2, Page 28, of the Public Records of Lake County, Florida,
subject to the East 25 feet of Tract 32 and Tract 33 for road
right-of-way of Hancock Road.
The above-described property is also described as follows:
Tract l:
The South ~h of the NE 1/4 of Section 28, Township 22
South, Range 26 East, Lake County, Florida, less Tract 17
and Tract 18 of the map of property of Lake Highlands
Company of Florida, recorded in Plat Book 2, Page 28,
• Public Records of Lake County, Florida, subject to the East
25 feet thereof for right-of-way of Hancock Road.
Tract 2:
The North yz of the NE 1/4 of the SE 1/4 of Section 28,
Township 22 South, Range 26 East, Lake County, Florida,
subject to the East 25 feet thereof for road right-of--way of
Hancock Road.
Parcel C -The South'h of the SW 1/4 of the NW 1/4 of
Section 27, Township 22 South, Range 26 East, subject to
road right-of--way of Hancock Road over the West 25 feet
thereof.
Parcel D -The NW 1/4 of the SW 1/4 of Section 27,
Township 22 South, Range 26 East subject to road right-of-
way of Hancock Road over the West 25 feet there.
Containing 138.28 acres more or less.
C7
The Greater Constnection Corporatiun
Hills of Clermont PUD
Conditional Use Permit Amendment
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