R-2015-24 CITY OF CLERMONT
RESOLUTION NO. 2015-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR A SINGLE-FAMILY
AND MULTI-FAMILY RESIDENTIAL PLANNED UNIT
DEVELOPMENT IN THE UE URBAN ESTATE ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Flonda at a meeting held October 6, 2015 recommended approval of this Conditional
Use Permit to allow for a single-family and multi-family residential Planned Unit Development
in the UE Urban Estate zoning district; at the following location:
LOCATION:
(Alternate Keys 1095972, 3882911, 1095964, and 2717874)
South of S.R. 50, West of the Hartle Road, East of Hancock Road,
and North and South of Island Blvd., WaterBrooke(Jahna) PUD
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 allow for a single-family and multi-family
residential Planned Unit Development in the UE Urban Estate zoning district; be granted subject
to the following conditions:
CONDITIONAL USE PERMIT CONDITIONS:
Section 1 —Land Uses
1. Residential:
a. A total of 950 residential dwelling units, compnsed of single-family dwelling
units, duplexes, and multifamily dwelling units (townhouses).
b. Phasing of Development: The project may be developed in one or more phases.
c. Development Standards: Development standards for the development of the
residential dwelling units, shall be based on the size of the lot, as indicated in the
table below:
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
Multifamily Single Family
Dwelling Units Single Family Detached Attached
(townhouses) Duplexes
Front
Design item Load Front Load
Rear Front Rear Front (feet)
Load Load Load Load and
(feet) (feet) (feet) (feet) (80 feet Rear Load
and
Greater)
Minimum Lot Area 1,600 1,800 2,400 4,400 9,600 2,400
Minimum Living Area 1,000 1,000 1,400 1,500 1,500 1,200
Minimum Lot Width 20 20 30 40 80 24
Minimum Lot Depth 80 90 80 110 120 100
Minimum Front 15 15 15 15 15 15
Building Setback
Minimum Front Porch
10 10 10 10 10 10
Setback
Minimum Front Garage _ 20 - 20 20 20
Setback
Minimum Rear Garage 20 - 20 - - 20
Setback
Minimum Side Yard 5
Setback' S 5 5 5 5
Setback From Side 15 15 15 15 15 15
Street
Minimum Rear Yard 20 20 20 20 20 20
Setback
Minimum Building 10 10 10 10 10 10
Separation
Minimum Rear Yard
Setback for Pools, 5 5 5 5 5 5
Patios, Decks or
Ancillary Structures
Maximum Impervious
Surface Ratio (ISR) 0.85 0.85 0.75 0.75 0.75 0.85
***(See Note)2
Maximum Building 40 40 40 40 40 40
Height
Setback from Ordinary
High Water Line, Mean 50 50 50 50 50 50
High Water Line, or
CITY OF CLERMONT
RESOLUTION NO. 2015-24
Jurisdictional Wetland
Iine
Minimum Front Yard 10 10 10 10 10 10
Utility Easement
Minimum Side and Rear
Yard Drainage and 51 51 5 5 5
5'
Utility Easement
'Does not apply to interior side yards of attached townhomes and/or duplexes
2The maximum allowable Impervious Surface Ratio for the overall Planned Unit Development
shall be 0.60. Individual lot Impervious Surface Ratio may exceed 0.60 as shown in the table
above as long as overall maximum is not exceeded.
Section 2—Open Space
Open Space: A minimum of 25% of the net buildable area of the Planned Unit Development
shall be provided as open space in accordance with the Comprehensive Plan and Land
Development Code (LDC), as amended. A waiver to Section 122-316(b)(4) of the Land
Development Code has been granted to allow individual phases of the Planned Unit
Development to exceed the overall density of the Planned Unit Development and to allow
individual phases of the Planned Unit Development to be developed without providing common
open space in proportion to that contained within the entire Planned Unit Development.
Section 3—Landscaping, Buffering, and Screening
1. A 40-foot wide natural buffer with a six-foot high wall shall be provided along a portion
of the northern boundary of Tract N-7 from the entrance to Magnolia Bay subdivision,
west to the existing Hartle Road, as shown on the Exhibit "B" - Conceptual Plan.
2. A 50-foot landscaped buffer shall be provided along the boundary common with the Hills
of Clermont subdivision.
3. No landscaping buffer is required along the perimeter of the Planned Unit Development
adjacent to wetlands, open water and conservation areas.
4. A waiver to Section 118-71(1) of the Land Development Code is granted in order to
allow street trees within the right-of-way along the frontage of a residential lot to count
toward the minimum number of required trees on the lot and to allow such trees to be less
than six feet from curbs and sidewalks as long as a minimum of five feet of clearance is
provided between the tree and any public potable water, wastewater or reclaimed water
main.
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
5. All other landscaping, buffering, and screening requirements shall be in accordance with
the Land Development Code, as amended. Existing trees may be used to meet the
landscape buffer requirements in accordance with the Land Development Code, as
amended.
Section 4—Environmental:
1. An environmental assessment addressing habitat and species shall be submitted to the
City dunng the construction plans approval stage of each phase of the project. Applicable
permits for any gopher tortoises and associated burrow commensal species or other
threatened or endangered species found on the property must be received from the
appropriate regulatory agencies pnor to the initiation of development activity.
2. Wetlands onsite have been placed in a conservation easement. Areas placed in a perpetual
conservation easement are shown in the Corrective Conservation Easement, which has
been recorded in Lake County Official Records Book 4531, Pages 2401-2408. There are
two existing borrow pits on the property that exist as a result of the former mining
operation. The two borrow pits shall be utilized for stormwater management and are not
required to meet any additional surface water and/or wetland requirements,quirements, mcludmg, but
not limited to setbacks and buffers.
3. Site Grading/Mine Reclamation: Master Site Grading and Mine Reclamation for the
project has been completed in accordance with the mass grading plan dated December 14,
2005, submitted to and approved by the Lake County Water Resources Management
Division. The site grading was completed pursuant to Florida Department of
Environmental Protection (FDEP) Permit No. 0139060-002, issued on January 18, 2011.
All grading in accordance with Mass Grading Plan has been completed and has been
accepted in lieu of reclamation of the mining site. Mass Grading Plan was approved on
August 6, 2014. Approval of Ordinance 2014-80 therefore revoked and released the
property from the September 28, 1990, vesting of the Jahna Clermont East Mine
(Tracking #90/10/5), which was to be reclaimed through the proposed mass grading
Ordinance 2006-30 (Tracking #110-05-PUD). All further grading for the project must be
in accordance with City standards.
Section 5—Utilities:
. The developer shall connect to the existing City system at connection point or points
approved by the City.
2. The route of any off-site lines shall be according to engineering plans produced by the
developer and approved by the City.
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
3. Any proposed City-maintained utilities that are not located within a City-maintained
right-of-way shall be placed in a utility easement dedicated to the City. Easements shall
be provided at no expense to the City. Utilities are allowed to be placed within the
County build out right-of-way along Hartle Road.
4. The developer shall be responsible for all costs of on-site and off-site improvements,
including, but not limited to design, material,permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the City to serve the
property.
5. Any existing utilities must stay in service throughout construction. If the construction
requires that the utilities be relocated or altered, the developer shall prepare plans, permit
the project and construct the modification at the developer's expense.
6. No building permits shall be issued until water and sewer are provided to the site or until
a bond or letter of credit, acceptable to the City, is in place to guarantee completion of
off-site improvements. No Certificate of Occupancy shall be issued until water and
sewer extensions have been completed and accepted by the City.
7. In the event the City chooses to oversize the lines or appurtenances, the City shall provide
to the developer specifications regarding sizes to be included in the final improvement
plans.
8. The City shall be responsible for the difference in cost of materials to oversize the line if
the City chooses to oversize based on plans and cost estimates provided by the developer
to the City and approved in advance by the City.
9. The developer shall provide to the City a cost estimate for materials for the minimum size
lines and appurtenances and a cost estimate for materials for the approved oversize. Cost
estimates shall be contractors' bid as certified by developer's project engineer. The City
shall review and either approve or reject the costs.
10. The developer and City shall agree on the cost difference, which will be the responsibility
of the City, pnor to commencement of construction.
11. Reimbursement for the difference in costs as determined in Section 8 and 9 from the City
shall be in the form of Impact Fee Credits.
12. The Impact Fee Credits shall be established subject to Sections 8 and 9 and at the time of
issuance of each building permit by applying the then current impact fee, which shall be
deducted from the Impact Fee Credit balance until credit is used.
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
13. Impact Fee Credits may not be transferred outside of the property, but may be assignable
to any heirs, assigns or successors in interest or title to part or all of said property. The
developer shall be responsible for all applicable fees including but not limited to impact
fees, connection fees and permitting fees.
14. The City may require a looped system to provide reliability and redundancy to the
property.
15. Central water and sewer connection shall be provided in accordance with the
comprehensive plan and Land Development Code, as amended and pursuant to the
Conditional Use Permit.
16. The project shall be plumbed for reuse water with purple piping to irrigate single family
lots. Irrigation of common areas shall be from a well.
17. A master lift station shall be designed and constructed on a 50-foot-by-50-foot lot
dedicated to the City. Lift station shall be designed to allow for the connection of the
existing force main on Hartle Road. A 20-inch force main shall be constructed from the
master lift station to the existing 30-inch force main located on CW Harrell Road.
18. A minimum eight-inch potable water main (east-west main) shall be constructed from the
western project boundary to Hartle Road at such location that allows for the future
extension of Hartle Road and a minimum eight-inch potable water main (north-south
main) shall be constructed from State Road 50 to the proposed east-west main.
19. A 12-inch potable water main shall be constructed from the proposed terminus of a 12-
inch potable water main on Hartle Road, which is to be constructed in conjunction with
Lake County Fire Station #90/Clermont Fire Station #104, south to the existing potable
water main on Lost Lake Road.
20. A 16-inch reuse main shall be constructed from the eastern property line along the build
out Hartle Road right-of-way to the existing 30-inch reuse main located on CW Harrell
Road.
21. All utilities shall be designed and installed as per the City's specifications and approved
by City staff.
22. Drainage/Stormwater Management: The developer shall submit drainage calculations and
a stormwater management plan when filing for final engineering approval. The
Homeowners Association (HOA) shall be responsible for maintenance of all stormwater
ponds and drainage systems for private streets.
23. Easements shall be provided on any existing and proposed utilities that the City will own
and maintain at no expense to the City.
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
24. Fiber optic conduit and pull boxes may be required to be installed by the developer in the
easements to extend the City's fiber optic network. The City will reimburse the developer
at 100 percent for all costs including design, permitting, matenals, and construction of the
fiber optic conduit and pull boxes.
25. The developer reserves its rights, pursuant to Section 2-267 — Credits, of the City Code,
to enter into an impact fee agreement with the City which shall provide for the
establishment of credits and payment of impact fees in a specified manner and time. The
terms and conditions of an impact fee agreement between the developer and the City may
replace or supersede the conditions contained in the Conditional Use Permit and Planned
Unit Development approved for development.
Section 6—Transportation Improvements/Access Management:
1. The development shall comply with all applicable City, County and Florida Department
of Transportation access management requirements. Prior to the issuance of the first
Certificate of Occupancy, a secondary entrance shall be constructed off Hartle Road for
the residents of the development.
2. The developer shall dedicate on the final plat a 120-foot right-of-way for Hartle Road,
necessary to accommodate permanent construction plus additional slope easements; not
to exceed 100 feet in total width, in accordance with the preferred route outlined within
Lake County's PD&E study for the realignment of Hartle Road. The slope easement
shall be identified at preliminary plat and shown on the final plat. The developer shall
coordinate with the County and City on alignment and grading of Hartle Road. The slope
easement width will be adjusted with design plans approved by Lake County and the
City.
In the alternative, the land within the slope easement area may be graded by the
developer for future roadway alignment. With County approval of the grading plan and
completion of grading work by the developer, the slope easement requirement may be
deemed complete.
A waiver to Section 94-195(b)(3) of the Land Development Code is granted to allow cuts
and fills of up to twenty (20) feet for the construction of Hartle Road to accommodate
required road grades in consideration of the existing topography in the road right-of-way.
3. By virtue of the transportation system needs for the project, the developer shall dedicate
on the final plat a 100-foot right-of-way for Hooks Street within the project boundary,
from the northwest corner, along the north property line, to northeast corner of the project
boundary. In addition to this 100-foot right-of-way, additional land necessary to
accommodate temporary construction easements; not to exceed 100 feet in width, shall be
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CITY OF CLERMONT
RESOLUTION NO. 2015-24
provided. The slope easement shall be identified at preliminary plat and shown on the
final plat. The developer shall coordinate with the County and City on alignment and
grading of Hooks Street. The slope easement width will be adjusted with design plans
approved by the County and the City.
4. At the developer's option and approval by Lake County, the developer may construct
Hartle Road a distance of approximately 4,365 feet from its proposed terminus, which is
to be constructed in conjunction with Lake County Fire Station#90/Clermont Fire Station
#104, to approximately 315 feet north of the southern project boundary. If the developer
constructs Hartle Road, a developer's agreement between the County and the developer
shall be executed for the construction of Hartle Road and for the allocation of
transportation impact fee credits associated with the construction.
5. The developer shall accommodate stormwater retention capacity sufficient for Hartle
Road and Hooks Street drainage requirements based on stormwater permitting
requirements in place at the time of approval of this Conditional Use Permit within the
limits of drainage basin along the route alignments. The developer intends to utilize on-
site ponds as an amenity and desires for the runoff to be treated to remove roadway debns
collected. Therefore, the County shall provide pre-treatment of the water for debris; such
as a skimmer, at the latest terminus before the runoff water enters the water body. At time
of Hartle Road and Hooks Street final design, the County shall coordinate with the
developer for final configuration of Hooks Street and Hartle Road roadway stormwater
system connection to the on-site drainage system acceptable to both the County and the
developer. The County shall bear the cost of the roadway drainage connection to the on-
site stormwater system. The Hartle Road and Hooks Street stormwater sewer shall be
separate from the Planned Unit Development stormwater system, unless a coordinated
system design is provided by the developer. It shall be located within a drainage
easement to Lake County having a straight alignment, direct access from County right-of-
way and storm pipe not shared with developer's system. The County shall also have an
easement over the shared stormwater ponds. The developer shall coordinate with the
County on pretreatment design and construction.
6. A public hearing shall be required for the Island Boulevard right-of-way vacation. The
developer will be responsible to submit and pay for the vacation petition request. The
relocation of Island Boulevard shall not occur until the City has granted approval for the
vacation through a public hearing. Approval of the road vacation is not guaranteed. Paved
access shall be maintained to the existing developments along the current Island
Boulevard. Before Island Boulevard nght-of-way is vacated, new right-of-way must be
dedicated and new road must be constructed and accepted by the City as a public
roadway. The right-of-way vacation may be conditioned upon the new road alignment of
Island Boulevard being constructed, open to traffic, and accepted by the City.
8
CITY OF CLERMONT
RESOLUTION NO. 2015-24
7 The developer, at its expense, shall be required to improve Emil Jahna Road from its
project entrance north to State Road 50 and shall pay to modify the existing traffic signal,
as needed, to accommodate turning movements from Emil Jahna Road onto State Road
50. Emil Jahna Road shall be improved to facilitate safe and efficient traffic flow from
the project entrance to and including the intersection at State Road 50.
The improvements will consist of the following:
a. Reconstructing the roadway to meet current standards;
b. Turn lane improvements and any associated signal modifications at the
intersection of Emil Jahna Road and State Road 50 as determined to be necessary
by a transportation analysis to be approved by the applicable governmental
agencies; the City, the County and/or Florida Department of Transportation;
c. The reconfiguration of the westbound left-turn lane on State Road 50 to provide
dual turning movements (removing the current striping to open the additional left-
turn lane) as warranted by the traffic impact study; and
d. A waiver to Section 110-194(3) and (4) of the Land Development Code is granted
to allow construction of a 10-foot wide concrete sidewalk along only the west side
of Emil Jahna Road to serve as a multipurpose path for both pedestrians and
cyclists in lieu of in-street bikeways and five-foot wide sidewalks on both sides
due to the constrained right-of-way width.
8. Sidewalks/Streets:
a. Sidewalks to be constructed on both sides of residential and commercial streets.
b. Streets shall have F-type curb and street pavement must be a minimum 24 feet
wide.
c. Right-of-way width for residential streets must be a minimum 60 feet.
d. A waiver to Section 110-192(1) of the Land Development Code is granted to
require pnvate streets with gates. Streets within the development will be gated
and will be maintained by the developer or Home Owners Association.
e. A waiver to Section 110-195(b) of the Land Development Code is granted to
allow construction of 20-foot-wide, one-way alleys with 12 feet of pavement as
long as 20 feet of unobstructed emergency access is maintained, unless greater
distances are warranted by fire code.
9
CITY OF CLERMONT
RESOLUTION NO. 2015-24
9. Roadway Lighting: The developer shall arrange with the power utility provider for
installation of street lights along Emil Jahna Road. The cost of installation shall be paid
by the developer, and the ongoing rental of lights shall be paid by the developer or
WaterBrooke's Homeowner's Association.
Section 7—Schools
School concurrency shall be met before final plat approval in accordance with the
Comprehensive Plan and Land Development Code.
Section 8—Lighting
Extenor lighting shall be in accordance with the Land Development Code, as amended.
Section 9—Fire Protection and Emergency Services Access
Fire Protection and Emergency Services Access: Access and fire safety requirements of the
development shall be provided in accordance with the Florida Fire Prevention Code and Land
Development Code, as amended. A secondary emergency access approved by the City's fire
marshal shall be designated and constructed prior to the issuance of the first building permit.
Section 10—Concurrency Management Requirements
Concurrency Management Requirements: Any development shall comply with the Lake County
and the City of Clermont Concurrency Management System, as amended.
Section 11 —Development Review and Approval
1. Prior to the issuance of permits, the developer shall be required to submit a preliminary
plat, construction plans, and final plat generally consistent with Exhibit "B" - Conceptual
Plan for review and approval in accordance with the comprehensive plan and Land
Development Code, as amended.
2. Planned Unit Development Expiration: Pursuant to Exhibit B4 of the Stipulated
Settlement Agreement between the County and Nola Land Company, Inc., which was
executed by the last party (Lake County) on July 26, 2011, the development described in
Ordinance #2006-30 is vested for a period of 12 years from execution of the
agreement. Accordingly, physical development of the Planned Unit Development shall
commence by July 26, 2023. Failure to commence construction by July 26, 2023 shall
cause the automatic revocation of this Ordinance.
10
CITY OF CLERMONT
RESOLUTION NO. 2015-24
Section 12—Future Amendments to Statutes, Code, Plans, and/or Regulations
The specific references in this Conditional Use Permit to the Florida Statutes, Florida
Administrative Code, City Comprehensive Plan, and City Land Development Code shall include
any future amendments to the statutes, code, plans, and/or regulations.
Section 13—Additional Conditions
1. After establishment of the facilities as provided herein, the aforementioned property shall
only be used for the purposes named in this Conditional Use Permit. Any other proposed
use must be specifically authonzed by the Clermont City Council.
2. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, remove,
improve, move, convert, or demolish any building structure, add other uses, or alter the
land in any manner within the boundanes of the above descnbed land without first
obtaining the necessary approvals in accordance with the Clermont Code of Ordinances,
as amended, and obtaining the permits required from the other appropriate governmental
agencies.
3. This Conditional Use Permit 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, and shall be subject to each and every
condition herein set out.
4. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental permitting agencies.
5. The transfer of ownership or lease of any or all of the property described in this
Conditional Use Permit shall be included in the transfer or lease agreement, a provision
that the purchaser or lessee is made good and aware of the conditions established by this
Conditional Use Permit and agrees to be bound by these conditions. The purchaser or
lessee may request a change from the existing plans and conditions by following
procedures contained in the Land Development Code, as amended.
11
CITY OF CLERMONT
RESOLUTION NO. 2015-24
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 27th day of October, 2015.
CITY OF CLERMONT
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