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R-2013-28 CITY OF CLERMONT RESOLUTION NO. 2013-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A PLANNED UNIT DEVELOPMENT TO ALLOW A 280 UNIT APARTMENT COMPLEX. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 4, 2013 recommended for approval of this Planned Unit Development to allow a 280 unit apartment complex; at the following location: LOCATION: Northwest corner of Highway 27 and Hammock Ridge Road 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 Planned Unit Development to allow a 280 unit apartment complex; 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 October 8, 2013 prepared by Charlan Brock & Associates. 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. 2013-28 4. 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. 5. 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. 6. 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. 7. 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. 8. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 9. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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 Planned Unit Development is for a multi-family residential development with up to 280 apartments on 25 acres, for a density of 11.2 dwelling units per acre. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 2. The applicant/owner must coordinate with the Lake County School District for capacity review and requirements pertaining to schools, and in conformance with city code, prior to issuance of any building permits. 3. The development shall not accept federal or state housing subsidies. 2 CITY OF CLERMONT RESOLUTION NO. 2013-28 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 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. All excavated material shall be stored in a location approved by the City. 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. 5. All platting must be completed in accordance with City Codes. Section 4—Transportation Improvements 1. Sidewalks shall be required along Hammock Ridge Road and within the development, in accordance with Florida 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 in accordance with City Codes shall be required to address Level of Service (LOS) for the area. The applicant/owner must coordinate with Lake County and the Lake-Sumter Metropolitan Planning Organization (MPO) for compliance with the Transportation Management System(TMS). 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, irrigation water shall be provided for by well. 3 CITY OF CLERMONT RESOLUTION NO. 2013-28 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. Section 8—Specific Planned Unit Development Conditions 1. A seven-foot tall ornamental metal fence may run along the landscape buffer adjacent to Hammock Ridge Road. 2. A six-foot fence shall run along the western boundary and around the dog park area. 4 CITY OF CLERMONT RESOLUTION NO. 2013-28 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 8th day of October, 2013. CITY OF CLERMONT ti C, i r; 5 ' i �l �,��= • r '• . S. Turville, Jr., Mayor 'ATTEST: Tracy Ac oyd, City C rk Approved as to form and legality: er 410 Daniel F. Mantzaris, City • - •---ey