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R-2013-01 CITY OF CLERMONT RESOLUTION NO. 2013-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR A PROPOSED 108 UNIT CONDOMINIUM DEVELOPMENT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 3, 2013 recommended for approval of this Conditional Use Permit for a Planned Unit Development for a proposed 108 unit condominium development; at the following location: LOCATION: East side of Grand Highway, '/ mile south of Citrus Tower Boulevard The City Council deems it advisable in the interest of the general welfare of the City of Clermont, Lake County, Flonda 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 for a proposed 108 unit condominium development; be granted subject to the following conditions: CONDITIONAL USE PERMIT 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. The property shall be developed in substantial accordance with the conceptual site plan dated August 16, 2010 prepared by Montverde Engineering. Formal construction plans, incorporating all conditions stated in this permit shall be submitted for review and approval by the Site Review Committee prior to the issuance of a zoning clearance of other development permits. The conceptual site plans submitted with the Conditional Use Permit application are not the approved construction plans. 3. No person, firm, corporation or entity shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building or structure, or alter the land in any manner within the boundary of the project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 1 CITY OF CLERMONT RESOLUTION NO. 2013-01 4. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 5. The Conditional Use Permit must be executed and processed through 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. 6. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer/applicant and all future owners of the above-referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 7. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date that 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. 8. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 9. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected pnor to a Certificate of Occupancy being issued. 10. 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. Section 2-Land Use 1. This Conditional Use Permit is for a multi-family residential development with up to 108 condos on ten (10) acres, for a density of about 10.8 dwelling units per acre. The City's Site Review Committee must approve the site plan pnor to the construction plan approval. 2. The project shall be phased to allow the first 80 units of the 108 total, to be built without mitigation of the student generation. The final 28 units, or Phase 2, can only be built under either of the following conditions: a. The 28 units in Phase 2 can only be built if the applicant and/or builder apply for mitigation and receive concurrency from the Lake County School Board, as it applies to Florida Statutes and the School Concurrency requirements, as adopted by the Lake County School Board and the City of Clermont. 2 CITY OF CLERMONT RESOLUTION NO. 2013-01 b. The 28 units in Phase 2 can only be built if they are age restricted, in accordance with the applicable laws of Florida, which would result in no generation of students. Section 3—Site Development 1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to and approved by the Site Review Committee pnor 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. All excavated material shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. 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 United States Department of Agriculture Soil Conservation Service. Section 4—Transportation Improvements 1. Sidewalks shall be required along Grand Highway and within the development, in accordance with Flonda Department of Transportation regulations and City Codes. 2. 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. Project specific on and off-site transportation designs are the sole responsibility of the developer. 3. A traffic study shall be required to address Level of Service (LOS) for the area, including any connection to U.S. Highway 27 and Hooks Street as needed per Code or policy. Section 5—Utilities and Stormwater 1. The permittee shall be responsible for purchasing, installing, and maintaining fire hydrants within the project. They shall be installed according to City Code. 2. The project shall be plumbed for reuse water with purple piping. Until such time as reuse water is available, irngation water shall be provided for by well. 3 CITY OF CLERMONT RESOLUTION NO. 2013-01 Section 6—Landscaping 1. The Landscape design for all parking areas, buffers, rights-of-way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center. 2. All landscape plans and plantings shall meet or exceed the City of Clermont Code. Section 7-Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 2. All fencing within public view shall be ornamental metal or brick, as approved by the Site Review Committee. 4 CITY OF CLERMONT RESOLUTION NO. 2013-01 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 22nd day of January, 2013. CITY OF CLERMONT 4ff.* !d Turville, Jr., Mayor ATTEST: i f i Tracy Ackroy,, ity Clerk Approved as to form and legality: 7M *,�sue. .