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R-05-1453CITY OF CLERMONT RESOLUTION • NO.1453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1029 TO ELIMINATE AN OPAQUE FENCE REQUIREMENT ALONG THE NORTH AND EAST PROPERTY LINES. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 1, 2005 approved this Conditional, Use Permit to amend Resolution No. 1029 to eliminate an opaque fence requirement along the north property line at the following location: LOCATION Clermont Yacht Club. 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. 1029 to eliminate an opaque fence requirement along the north property line; be granted subject to the following conditions: CONDITIONS: Section 1-General Conditions 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No further expansion of the uses, additions to the uses, or additions to the facilities shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 4. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. • CITY OF CLERMONT RESOLUTION NO.1453 Page-2- 5. 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. 6. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans fox 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. 7. All applicable rules and regulations for development within the City 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 must be served with a low volume, permanent irrigation system that must 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. 8. The permittee/developer shall be allowed to construct 205 multi-family units south of Grand Highway and 266 townhome/condominium units on the property located north of Grand Highway. 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 construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 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. CITY OF CLERMONT RESOLUTION NO.1453 Page - 3 - 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. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 10. 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 and interior traffic areas in conformance with City Standards, the length of the subject property. Construction shall be provided in • accordance with adopted City Codes. CITY OF CLERMONT • RESOLUTION NO. 1453 Page-4- 2. The permittee/developer shall provide off-street pazking and loading spaces as required by City Code. All said required parking and vehiculaz 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 phases and/ or parcels to be initially developed and those identified for future development. 4. Roadway improvement plans for Grand Highway, East Avenue, Pitt Street, Lake Minneola Drive, Bloxam Avenue and the project site, including but not limited to, access drives, acceUdecel lanes, turn lanes, traffic movement 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. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 5. Prior to any construction or development of the Planned Unit Development project, the permittee/developer shall provide a traffic analysis which identifies the development's • impact on areas transportation system. The traffic study will provide roadway segment analysis to include roadway segments that are to experience project impact equal to or greater than 5% of the adopted level of service standazd, and the Florida Department of Transportation Site Impact Handbook will be utilized as the guide for project analysis. Any portion of the project development 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. The permittee shall provide and construct a public dedicated City street with free flow access between the proposed Spring Lake Gazdens project and Pitt Street. Said street shall be designed and constructed as an integral part of the project and general area transportation system. Design and construction shall be as approved by the City Engineer. Timing of required construction shall be as provided by the City; performance shall be contingent upon formal notification by the City. 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along roadways (temporary or permanent) which are utilized for construction of the r: CITY OF CLERMONT • RESOLUTION NO.1453 Page-S- project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. Interior streets and/ or roadways shall be privately owned and maintained by the project owner and/ or formally authorized home owners association respective to the type of ownership of property within each individual identified project. All interior project streets/ roadways shall be designed and constructed in accordance with adopted City and standards. Construction shall be approved by the City Engineer as part of the Site Plan Review process. 10. The permittee shall construct Hunt Street from Grand Highway to Bloxam Avenue when one of the following occurs: (A) at such time as unit 100 of the project lying south of Grand Highway, or, (B) at such time as unit 100 of the project lying north of Grand Highway receives a Certificate of Occupancy. No additional Certificates of Occupancy shall be issued until Hunt Street is completed. Construction shall be provided in accordance with adopted City Code and in accordance with plans as approved by the City Engineer and the City Site Review Committee. 11. The permittee shall perform a traffic access/traffic safety study for the elementary and middle school area located on East Avenue. Signalization and additional striping improvements to • enhance safety considerations at the school site(s) shall be provided by the permittee. 12. The permittee shall form a committee, open to area residents, to review traffic concerns. Section 4 -Stormwater Management 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. 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. • CITY OF CLERMONT • RESOLUTION NO.1453 Page - 6 - 5. Final disposition of stormwater outfall shall be as approved by the City Engineer. Section 5 -Site Imnrovements/Landscanin~ 1. All signage shall conform to adopted City Codes and Standards. 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, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. Specifically, a minimum 10 feet wide opaque vegetative buffer shall be provided adjacent to the north and east boundary line of The Villages of Lake Minneola portion of the project. 3. A site lighting plan shall be submitted and approved for the site. Lighting shall be designed, installed and directed to fall upon the subject site and not adversely impact abutting properties or adjacent roadways. • 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 project shall be submitted to and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22°d DAY OF NOVEMBER 2005. _~-~ Harold Turville, Mayor 1. ATTEST: ' • Tracy Ackroyd, City Cork