Loading...
HomeMy WebLinkAboutR-01-1203 • • CITY OF CLERMONT RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1033 TO ALLOW 12.3 ACRES TO BE DEVELOPED AS MULTIFAMILY RESIDENCES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2001 recommended denial of this Conditional Use Permit to amend Resolution No, 1203 to allow 12.3 acres to be developed as multifamily residences at the following location: Legal Description See Attachment "A" 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. 1033 to allow 12.3 acres to be developed as multifamily residences; 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. 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. L' • • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 2 - 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. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future Land Use district designation. 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. All multifamily projects shall be approved pursuant to a Conditional Use Permit. 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 River Water Management District. The minimum reclamation plan shall address the following characteristics: C: 2 • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 3 - 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 development 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. • 3 • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 4 - • (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. • 4 • • • CITY OF CLERMONT RESOLUTION N0. 1203 Page - 5 - 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. 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 City 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. Roadway improvement plans for State Road 50, Hook Street, and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes 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. At such time as signalization is determined warranted and necessary on Highway 50, the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. 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. 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. • • • • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 6 - 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along SR 50, Hancock Road, Hook Street and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. 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). 10. The 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. 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. 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. 11. At the time of commercial property development, 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. 12. Ingress and Egress to all commercial properties shall be provided from Hook Street in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. 13. The multifamily townhome project proposed for the 12.3 acres east of Hancock Rd., Parcel 2, shall provide driveway access to Hook St. 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. 6 • CITY OF CLERMONT RESOLUTION N0. 1203 Page - 7 - 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City 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/Landscaping 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. 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. When reuse water is available, the irrigation well shall be properly retired from service. 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 26th DAY OF JUNE 2001. est: • oseph Van Zi ity Cle k s " H o d urville, Mayor 7 .~ • Resolution No. 1033 Attachment "A" • Parcel A -Trail 19, Tract 20, Trail 29, Trail 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 1: Ttie South li4 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 'h 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 B -The West 'h of the NW 1/4 of the SW 1/4 of the NW 1/4 of Section 27, Township 22 South, Range 26 East, Lake County, Florida, less the right-of--way for State Highway No. 50 on the North and subject to the West 25 feet thereof for road right-of--way of Hancock Road. Parcel C -The South 'fs of the SW 114 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 142.59 acres more or less. CITY OF CLERMONT RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1033 TO ALLOW 12.3 ACRES TO BE DEVELOPED AS MULTIFAMILY RESIDENCES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2001 recommended denial of this Conditional Use Permit to amend Resolution No, 1203 to allow 12.3 acres to be developed as multifamily residences at the following location: Legal Description See Attachment "A" 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. 1033 to allow 12.3 acres to be developed as multifamily residences; 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. 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. • • • CITY OF CLERMONT RESOLUTION NO.1203 Page - 2 - 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. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future Land Use district designation. 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. All multifamily projects shall be approved pursuant to a Conditional Use Permit. 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 River Water Management District. The minimum reclamation plan shall address the following characteristics: • 2 • • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 3 - 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 Ciry 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 development 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. 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 Ciry. • • • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 4 - • (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 shalt 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. • 4 • J CITY OF CLERMONT RESOLUTION NO.1203 Page - 5 - 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. 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 City 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 Ciry 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. Roadway improvement plans for State Road 50, Hook Street, and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes 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. At such time as signalization is determined warranted and necessary on Highway 50, the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. 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 Cites 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. 6. Ingress/egress to the site for construction shall be as approved by the Ciry 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. • 5 • • CITY OF CLERMONT RESOLUTION N0.1203 Page - 6 - 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along SR 50, Hancock Road, Hook Street and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. 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). 10. The Right-of-Way for the extension of Hook Street shall be dedicated in the following manner: 1) West of Hancock Road -The permittee shall dedicate right-of-way, 100 feet in width, for the future extension of Hook St. from the western boundary of the subject property to Hancock Rd. by August 17, 2001. The alignment of the right-of-way is to be determined by Lake County and the City of Clermont. 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. Said • right-of-way shall be dedicated prior to the approval of construction plans for any development beyond Parcel #1, the Hills of Clermont Subdivision. 11. At the time of commercial property development, 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. 12. Ingress and Egress to all commercial properties shall be provided from Hook Street in order to facilitate the purpose and intent of the frontagelreverse frontage road concept and enhance measures for public safety and limited access management. 13. The multifamily townhome project proposed for the 12.3 acres east of Hancock Rd., Parcel 2, shall provide driveway access to Hook St. 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 outtall for stormwater shall be provided as approved by the City Engineer. • 6 • ~ • CITY OF CLERMONT RESOLUTION NO. 1203 Page - 7 - 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City 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 outtall shall be as approved by the City Engineer. Section 5 -Site Imnrovements/Landscaping 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. Buffering and screening shall be required from all abutting uses in accordance with adopted Ciry 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. When reuse water is available, the irrigation well shall be properly retired from service. 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 26th DAY OF JUNE 2001. ~_ ph Van Zile, ity C erk arold Turville, Mayor 7 CITY OF CLERMONT RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1033 TO ALLOW 12.3 ACRES TO BE DEVELOPED AS MULTIFAMILY RESIDENCES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2001 recommended denial of this Conditional Use Permit to amend Resolution No, 1203 to allow 12.3 acres to be developed as multifamily residences at the following location: Legal Description See Attachment "A" 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. 1033 to allow 12.3 acres to be developed as multifamily residences; 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. 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. CITY OF CLERMONT RESOLUTION NO. 1203 Page — 2 - 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. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future Land Use district designation. 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. All multifamily projects shall be approved pursuant to a Conditional Use Permit. 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 River Water Management District. The minimum reclamation plan shall address the following characteristics: CITY OF CLERMONT RESOLUTION NO. 1203 Page — 3 - 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 development 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. 3 CITY OF CLERMONT RESOLUTION NO. 1203 Page-4- (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 - Phvsical Site Develooment 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. 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. 4 CITY OF CLERMONT RESOLUTION NO. 1203 Page — 5 - 10. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 11. The develope r/permittee shall be responsible for the cost of all required on -site and off -site infrastructure improvements necessitated by impacts of the project. 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 City 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. Roadway improvement plans for State Road 50, Hook Street, and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes 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. At such time as signalization is determined warranted and necessary on Highway 50, the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. 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. 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. CITY OF CLERMONT RESOLUTION NO. 1203 Page — 6 - 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along SR 50, Hancock Road, Hook Street and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. 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). 10. The 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. 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. 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. 11. At the time of commercial property development, 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. 12. Ingress and Egress to all commercial properties shall be provided from Hook Street in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. 13. The multifamily townhome project proposed for the 12.3 acres east of Hancock Rd., Parcel 2, shall provide driveway access to Hook St. 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. CITY OF CLERMONT RESOLUTION NO. 1203 Page — 7 - 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City 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 Imgrovements/Landscaoinq 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. 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. When reuse water is available, the irrigation well shall be properly retired from service. 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 26th DAY OF JUNE 2001. est: oseph Van Zi , ity Cle k HaMfd urville, Mayor Resolution No. 1033 Attachment "A" 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 1: 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 '/2 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 B - The West 'h of the NW 1/4 of the SW 1/4 of the NW 1/4 of Section 27, Township 22 South, Range 26 East, Lake County, Florida, less the right-of-way for State Highway No. 50 on the North and subject to the West 25 feet thereof for road right-of-way of Hancock Road. Parcel C - The South 'A 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 142.59 acres more or less. CITY OF CLERMONT RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1033 TO ALLOW 12.3 ACRES TO BE DEVELOPED AS MULTIFAMILY RESIDENCES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2001 recommended denial of this Conditional Use Permit to amend Resolution No, 1203 to allow 12.3 acres to be developed as multifamily residences at the following location: Legal Description See Attachment "A" 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. 1033 to allow 12.3 acres to be developed as multifamily residences; 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. 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. CITY OF CLERMONT RESOLUTION NO.1203 Page —2- 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. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future Land Use district designation. 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. All multifamily projects shall be approved pursuant to a Conditional Use Permit. 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 River Water Management District. The minimum reclamation plan shall address the following characteristics: 2 CITY OF CLERMONT RESOLUTION NO. 1203 Page — 3 - 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 development 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. 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. CITY OF CLERMONT RESOLUTION NO. 1203 Page — 4 - (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 - Phvslcal 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. 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. 4 CITY OF CLERMONT RESOLUTION NO. 1203 Page — 5 - 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. 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 City 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. Roadway improvement plans for State Road 50, Hook Street, and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes 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. At such time as signalization is determined warranted and necessary on Highway 50, the permittee/developer shall pay a pro rata share of improvement costs based on traffic counts. 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. 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. CITY OF CLERMONT RESOLUTION NO.1203 Page — 6 - 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along SR 50, Hancock Road, Hook Street and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. 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). 10. The Right -of -Way for the extension of Hook Street shall be dedicated in the following manner: 1) West of Hancock Road — The permittee shall dedicate right-of-way, 100 feet in width, for the future extension of Hook St. from the western boundary of the subject property to Hancock Rd. by August 17, 2001. The alignment of the right-of-way is to be determined by Lake County and the City of Clermont. 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. Said right-of-way shall be dedicated prior to the approval of construction plans for any development beyond Parcel #1, the Hills of Clermont Subdivision. 11. At the time of commercial property development, 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. 12. Ingress and Egress to all commercial properties shall be provided from Hook Street in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. 13. The multifamily townhome project proposed for the 12.3 acres east of Hancock Rd., Parcel 2, shall provide driveway access to Hook St. 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. CITY OF CLERMONT RESOLUTION NO. 1203 Page — 7 - 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City 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/Landscaoinq 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. 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. When reuse water is available, the irrigation well shall be properly retired from service. 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 26th DAY OF JUNE 2001. J�ph Van Zile,tity Clerk --tsar ld Turville, Mayor