R-01-1231• •
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CITY OF CLERMONT
RESOLUTION
NO. 1231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO ALLOW
THE CONSTRUCTION OF A 300 UNIT APARTMENT COMPLEX.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held September 4, 2001 recommended denial of this Conditional Use Permit for a Planned
Unit Development to allow the construction of a 300 unit apartment complex at the following location:
Legal Description
See Exhibit "B" Attached
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; for a Planned Unit Development to allow the construction of
a 300 unit apartment complex; be granted subject to the following conditions:
CONDITIONS:
Section 1 -General Conditions
1. The conditions as set forth in this Conditional Use Permit shall be legally binding
upon any heirs, assigns and successors in title or interest.
2. No further expansion of the use, additions to the use, or additions to the facility
shall be permitted except as approved by another Conditional Use Permit.
3. - 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.
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.
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5. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
6. 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.
7. The Conditional Use Permit must be executed and filed in the office of the City
Clerk within 90 days of its date of grant by the City Council or the permit shall become
null and void.
8. This permit shall become null and void if substantial construction work has not
begun within two (2) years of the date of this Conditional Use Permit is executed and
signed by the permittee. "Substantial construction work" means the commencement
and continuous prosecution of construction of required improvements ultimately
finalized at completion.
Section 2 -Site Preparation
• 1. Detailed grading, erosion control, and dust abatement plans for the entire site
shall be submitted to and approved by the Site Review Committee prior to construction
plan approval and the initiation of development activity. The dust abatement plan shall
detail measures to be taken to eliminate the migration of dust particles from the site.
2. The permittee/developers shall provide ground cover on all out parcel and
disturbed areas, where construction is not immediately intended. Ground cover 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.
3. All excavated material shall be stored in a location approved by the City
Engineer.
4. Ingress and egress to the site for construction shall be determined by the City
Engineer.
Section 3 -Transportation Improvements
1. The applicant shall construct Oakley Seaver Drive from its current
terminus, near the North entrance to the South Lake Hospital, eastward to the
• eastern property line of the subject property including deceleration and turn
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lanes at the project entrance. The permittee shall pay for and install streetlights
per City code along Oakley Seaver Drive frontage. Installation and maintenance
of lighting internal to the project shall be the responsibility of the permittee.
2. Sidewalks shall be constructed along all public road frontages in
accordance with City code.
3. Approval of construction plans shall not be granted until of right-of-way for
Oakley Seaver Drive, from N. Hancock Rd. to Citrus Tower Blvd., has been
dedicated to the City of Clermont. The right-of-way shall be a minimum of eighty
feet wide as determined by the City of Clermont and Lake County.
4. Prior to construction and development of the Planned Unit Development project,
the permittee/developer shall provide a traffic analysis that identifies the development's
impact on the City's transportation system. Based upon results of the traffic study, the
City may require that transportation improvements necessitated by the portion of the
project for which a building permit is sought be made at the time of construction of that
portion of the project. Project specific on-site/off-site transportation improvements
consistent with identified project impacts, per the traffic study, will be the sole
responsibility of the developer.
5. Roadway improvement plans for Oakley Seaver Drive shall be submitted to and
approved, appropriately, by the City Site Review Committee, the Florida Department of
Transportation and Lake County prior to commencement of any development activity for
any portion of the project.
6. Ingress/egress to the site for construction shall be as approved by the City Site
Review Committee.
Section 4 -Site Improvements/Landscaping
1. City code calls for the planting of not less than one tree per unit for any new
multifamily development.
2. In order to provide a buffer from the single family residential units to the north of
the subject property the permittee shall provide one of the following along the length of
the north property line: 1) a ten-foot wide landscape buffer, including required tree
plantings, and asix-foot wall, or 2) a twenty-foot wide landscape buffer with trees and
shrubs planted in manner as to provide opaque screening with shrubs a minimum six-
foot in height at time of planting, or 3) a twenty-foot wide landscape buffer with berm,
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trees, and shrubs planted in a manner as to provide opaque screening with a combined
height of six feet at the time of planting.
3. Additionally, buildings will be required to have a 50 ft. setback from the north
property line.
4. Architectural finish, building, and landscape design plans for the project 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.
Section 5 -Utilities
1. The permittee shall extend the water line on Oakley Seaver Drive from its
terminus near the South Lake Hospital eastward to the eastern property line of
the subject property. The size of the line will be the same as that currently
existing or as approved by City Engineer and ductile iron pipe will be used under
pavement.
• 2. The permittee shall pay its share of the cost of the master lift station and
appurtenances located on the Lake Sumter Community College property and construct
all pipes necessary to convey sewage to the master lift station.
3. Irrigation water shall be provided by well until such time as reuse water is
available. The irrigation system shall be constructed using purple pipe to designate
reuse water.
4. The permittee shall place all hydrants within the project according to City code.
All buildings shall be sprinkled if a fire flow of 1500 cfm cannot be obtained.
5. An emergency vehicle access code wiH be required by the City.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 25th DAY OF SEPTEMBER 2001.
~!l
Harold Turville, ayor
Attest: ~.-.
• eph Van ile, Clerk
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EXHIBIT "B"
• LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN TRACTS 37 THRU 38 AND TRACTS 43 THRU 44,
PROPERTY OF LAKE HIGHLANDS COMPANY, AS RECORDED IN PLAT BOOK 3, PAGE 30,
OF THE OFFICIAL RECORDS OF LAKE COUNTY, FLORIDA, BEING ALSO LOCATED IN
THE SW 1/4 OF SECTION 21, T22S, R26E, LAKE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SW 1/4 OF SAID SECTION 21;
THENCE N89°33'53"E ALONG THE NORTH LINE OF SAID SW 1/4, A DISTANCE OF 1370.74
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID SW 1/4, N89°33'53"E, A
DISTANCE OF 1003.70 FEET TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID
SW 1/4, S17°08'21"E A DISTANCE OF 98.61 FEET TO A POINT; THENCE S16°54'01"E, A
DISTANCE OF 714.07 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG THE ARC
OF ANON-TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 388.30 FEET (SAID
CURVE HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 21°36'00" AND A
CHORD BEARING AND DISTANCE OF S44°58'52"W, 386.01 FEET) TO A POINT; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT AN ARC DISTANCE OF
531.83 FEET (SAID CURVE HAVING A RADIUS OF 550.40 FEET, A DELTA ANGLE OF
55°21'47" AND A CHORD BEARING AND DISTANCE OF S61 °51'46"W, 511.38 FEET) TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OAKLEY BEAVER BOULEVARD
(80-FOOT RIGHT OF WAY); THENCE S89°32'39"W ALONG SAID NORTHERLY RIGHT-OF-
a WAY LINE, A DISTANCE OF 126.08 FEET TO A POINT; THENCE LEAVING THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID OAKLEY BEAVER BOULEVARD, N16°54'04"W
A DISTANCE OF 1343.04 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 25.6113 ACRES OF LAND, MORE OR LESS.
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