R-01-1172•
u
CI'Z~` O,~ CL~IZ,M09~7
RESOLUTION
NO. 1172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION N0.982, TO ALLOW A SIGN
ON THE WATER TOWER FOR THE LEGENDS GOLF COURSE, LOCATED IN THE PUD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held December 5, 2000 recommended approval of this Conditional Use Permit to allow a
sign on the water tower for the Legends Golf Course, located in the PUD at the following location:
LEGAL DESCRIPTION
See Exhibit "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:
• SECTION 1.
This application for a Conditional Use Permit to amend Resolution No. 982 to allow a sign on the water
tower for the Legends Golf Course, Located in the PUD be granted subject to the following conditions:
Section 1
General Conditions
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 this resolution the aforementioned property shall only be used for the
purposes described herein. 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 Planned Unit development without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits in accordance with the City of
Clermont Land Development Regulations and City Code of Ordinances.
•
•
•
cl~o~cr.~a-toa~r
RESOLUTION
NO. 1172
Page - 3 -
Lot lines shall be allowed to be constructed up to a maximum of 20 degrees from perpendicular to the
right-of-way. Flag lot configurations shall be prohibited.
3. Building Height:
The maximum building height shall be 35 feet for residential structures.
B. Commercial
Square Footage and Tvpe of Development
The proposed development shall be permitted up to a total of 50,000 square feet of Commercial space on
4.5 acres of land. The established uses shall be compatible with those uses indicated within the C-2
Zoning Category of the City of Clermont Land Development Regulations. The list of allowable uses shall
include those following:
Automobile and Home Supply Stores
Automobile Service Station*
Banks and Lending Institutions
Barbers/ Beauty Shops
Book and Stationary Shops***
Bowling Alley
Business and Personal Services***
Child Care Facilities**
Clothing and Shoe Stores
Drug Stores
Eating and Drinking Establishments
Fabric Stores
Florist
Hardware Stores
Health and Fitness Centers
Insurance Offices
Jewelry Stares
Laundry and Dry Cleaning Establishments
Liquor Stores
Medical/ Dental Offices
Pet Shops
Real Estate Services
Retail Music Stores
Retail Nurseries and Garden Stores
Shoe Repair
Shopping Centers****
Sporting Goods Stores
• Supermarkets/ Other Retail Food Stores
Theater/ Video Establishments***
.. Toy and Games Shops
• •
•
CI'I~'O~ CL~7~,M07~7
RESOLUTION
NO. 1172
Page - 4 -
Travel Agents
Veterinary*****
Notes:
* Excludes Automobile Repair Garage Facilities except as approved by a Conditional use Permit.
** Requires approval of a Conditional Use Permit.
*** Excludes "Adult" oriented forms of business or service.
**** A group of 5 or more businesses with shared parking or in which the total land area of the
development is 5 acres or more will require a Conditional Use Permit.
***** Excludes Kennels or Boarding except as approved by a Conditional Use Permit.
2. Building Setbacks and Building Height
All commercial buildings shall maintain a 50' setback from State and County rights-of-way, 25' setback
from City or private road rights-of-way, and 25' setback from residential properties.
• Setbacks from natural water bodies shall be 25' from the established mean high water line.
The maximum building height shall be 35 feet; however, cupolas and spires shall be permitted up to 42
feet.
3. Parking
Parking shall be provided as required by the City of Clermont Land Development Regulations for each
individual land use, as the project is developed.
C. Public Services
As assistance to the City of Clermont in its expansion of Public Services, on or before the issuance of the
fifth (5`h) residential building permit within the Legend's project, the developer shall make a bulk purchase
of 50 Police Impact Fees.
D. Recreation and Open Space
The Developer shall provide a minimum of 103.5 acres or approximately 25% of the site for common
open space. Such areas will be set aside for passive and active recreational uses and stormwater
abatement/ management systems to include appropriate appurtenances. Final location of all uses shall
be determined by the Developer at the time of construction.
Recreational amenities that may be developed within the common open space areas include, but are not
limited to:
• 1. Golf Courses (including Golf Cart Barn and Maintenance Facilities), Pro-Shop and Clubhouse.
Such uses may include sales of food and alcoholic beverages for on-site consumption.*
L'
•
cr~yo~ cr,~~,a-toa~r
RESOLUTION
NO. 1172
Page - 5 -
•
2. Satellite recreational centers/ clubhouses within proposed residential areas. Such facilities
shall include all associated amenities commonly associated with such uses.
3. Tennis Courts, Shuffle Board Courts, and Swimming Pools.
4. Pedestrian/ Jogging Paths.
5. Sales and Model Center associated with the project.*
" Temporary facilities shall be permitted for the indicated uses for a period of two (2) years from the
time of formal City approval.
E. Transportation
1. The Developer shall meet the required access management standards of Lake County and the
Florida Department of Transportation (FDOT) consistent with jurisdictional roadway classifications as it
relates to identified jurisdictional facilities.
2. Access to the project from US 27 shall be limited to the proposed project entrance and the access
• located at the proposed commercial area. Required improvements shall be consistent with terms and
conditions as specified in item #3, below.
3. Overall regional roadway improvements to US Highway 27, Hartwood Marsh Road, Hancock
Road, and other facilities identified through the Development of Regional Impact Review process
shall be provided consistent with approved monitoring and modeling/ mitigation measures
delineated in the Final Project Development Order. Immediate improvements necessitated by
construction of ingress\egress roadways to the project shall be provided consist with the impact of
the facility constructed. Plans and specifications for such improvements shall be submitted to the
City and appropriate jurisdictional entities for review and approval on a case by case basis. Such
improvements may include, but not be limited to accel/decal lanes, turn lanes, tapers,
signalization, signage, widening and resurfacing of the impacted roadway.
4. The applicant shall provide for pedestrian and bicycle circulation paths throughout the project.
Improvement plans for such facilities shall be included with construction drawings for each phase of
the project. Bicycle parking shall be provided at community recreation centers and at commercial
areas consistent with demand.
5. Sidewalks shall not be required to be provided along US Highway 27 except consistent with the
designated commercial parcel. Sidewalks shall be provided adjacent to US Highway 27 or within the
commercial parcel, at the time of development and as approved by the City.
6. In order to provide neighborhood continuity, all residential areas shall access internally to
recreational, commercial, and other public areas through design and implementation of road
networks, pedestrian ways and bicycle paths.
7. The roads within the Planned Unit Development may at the developer's election, be private, but in
• such instances, the private roads shall be owned and maintained by a duly appointed and authorized
Homeowners Association. In the event the roads are publicly dedicated, the applicant shall provide
• right-of-way extension to adjacent properties as determined upon formal review.
• •
cr~yo~cr,~~rtoa~r
RESOLUTION
NO. 1172
Page - 6 -
8. All roads and rights-of-way within the Planned Unit Development shall be designed and
constructed in accordance with adopted City Land Development Regulations and requisite
Subdivision Standards. Sidewalks located along the road rights-of-way within the development shall
be 3' wide and constructed in accordance with ADA and City Standards.
F. Utilities
1. The Developer shall provide to the City a 20' (total width) utility easement adjacent to the
north boundary of the property. Such easement shall extend the full length of the subject
property and may be located within the rear yard of adjacent lots. In lieu of providing the
utility easement an alternate means for extension of the necessary utility corridor may be
provided upon mutual accord of the City and the Developer.
2. As assistance to the City of Clermont in its expansion of Public Facilities, on or before the
issuance of the fifth (5'h) residential building permit within the Legend's project, the
developer shall make a bulk purchase of 50 water and 50 sewer connections.
3. The Developer shall, through appropriate improvement plan design and physical
construction placement, provide that utility lines will not have more than 36 inches of
overburden. Where landscape may be located over such lines the City shall receive
indemnification in the event of necessary operation and/or maintenance on the utility.
Repair and/or replacement of landscape shall be the responsibility of the Developer. The
City shall give reasonable notice in non-emergency situations.
4. The Developer shall extend potable water, sanitary sewer, and reuse lines from the King
Ridge development to the Legend's project. The City shall provide reimbursement to the
Developer through potable water and sanitary sewer impact fee credits in an amount
equal to the cost of the extension of the utilities.
5. In order to prevent potential cross connection between potable water supply and reuse
water lines, all reuse lines shall be installed in up rple colored pipe.
G. stormwater Management Plan Requirements
Verification of the stormwater run-off data, assumptions, and calculations shall be provided and
approved by the City Engineer and St. John's River Water Management District on each
proposed phase of the site prior to any development activity. The drainage and stormwater
retention requirements of the City and the appropriate regulatory agencies shall be met.
2. A St. John's River Water Management District stormwater permit shall be required and filed with
• the City prior to receipt of a building permit or any development activity.
•
•
CI?y 0~ CL~~j,M07~7
RESOLUTION
NO. 1172
Page-7-
•
3. Permeability tests must be submitted as part of the stormwater/site plan review process.
Permeability shall be maintained.
4. Final disposition of stormwater outtall shall be as approved by the City Engineer.
5. A duly authorized and sanctioned Home (Master Property) Owners Association shall be the entity
responsible for the maintenance of the stormwater management system.
H. Construction Parameters and Noise Abatement
. Contractors shall be allowed to work 7:00 a.m. to 7:00 p.m.,Monday through Saturday. Noise levels
during construction of the project shall not exceed those recommended by the Florida Department of
Environmental Protection. 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 thru Saturday. Heavy equipment maintenance
operations or heavy machinery engines will not be started earlier than 7:00 A.M. on any day.
I. Variances
1. The Developer shall be permitted to extend the maximum length of a cul-de-sac street
from 1,200 feet to 1,500 feet.
2. Recreational facility areas shall be calculated on the entire Planned Unit Development
and not on individual development phases.
3. Temporary Septic Tanks shall be allowed to serve temporary model centers, temporary
construction trailers, and the temporary clubhouse. Golf course restroom facilities
located distant to central facilities shall be permitted service by septic tanks.
4. The project may use an allowable pipe velocity of 20 fps in lieu of 10 fps for reinforced
concrete pipe only when demonstrated that damaging scour (erosion) will not result;
formal approval shall be required from the City Engineer.
5. The project may be permitted a maximum pipe slope of 8% on sanitary sewer collection
systems upon formal approval of the City Engineer.
6. The permanent community main entry sign shall be permitted maximum height of 10 feet;
and neighborhood descriptive entry feature sign walls shall be allowed a maximum of 8
feet.
• •
•
ci~o~cr,~,a~toa~r'
RESOLUTION
NO. 1172
Page - 8 -
7. The developer shall be permitted to use the existing water tower as a sign for the
Legends Golf Course.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 9~' DAY OF JANUARY 200
f /^1
r 1
a I Tu ille, Jr., Mayor
Attest: "'~
~, ~ +G ~ r:.~; ~ ~~
seph Van i ,City Clerk
•
~ •
Exhibit "A"
•
WEST OF US 27:
PARCEL 1:
Southwest 1/4 of the Southeast 1/4 of Section 5, Township 23 South, Range 26 East, also
described as Tracts 51,52,61 and 62 of MONTE VISTA PARK FARMS.
Tract 60, more particularly described as the Southeast 1/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 5, Township 23 South, Range 26 East.
Northeast 1/4 of the Southeast 1/4 of Southwest 1/4 of Section 5, Township 23 South; Range
26 East, otherwise described as Tract 53. In Section 5, Township 23 South, Range 26 East
according to the map of MONTE VISTA PARK FARMS, filed February 13, 1914, and
recorded in Plat Book 2, Page 27, Public Records of Lake County, Florida.
PARCEL 2:
The SE 1/4 of the SE 1/4 of Section 5, Township 23 South, Range 26 East, also described as
Tracts 49, 50, 63 and 64, MONTE VISTA PARK FARMS, as per plat thereof recorded in the
• office of the Clerk of the Circuit Court in and for Lake County, Florida.
ALSO: That part of the SW 1/4 of the SW 1/4 of Section 4, Township 23 South, Range 26
East lying west of the right-of--way of Federal Highway Number 19.
PARCEL 3:
That part of the NW 1/4 of Section 9, Township 33 South, Range 26 East lying West of the
West line of Federal Highway No. 27 and lying N of the center line of the paved private road
running generally East and West through said Section 9 West of Federal Highway No. 27.
ALSO: The E 1/2 of the NE 1/4 of the NE 1/4 of Section 8, Township 23 South, Range 26
East, less the part thereof lying West of the center line of the paved private road running
generally N and S through said E'/~ of the NE l/4 of the NE 1/4 of Section 8.
•
~ •
Exhibit "A"
•
PARCEL 4:
That part of the NW 1/4 of Section 9, Township 23 South, Range 26 East lying West of the
West line of Federal Highway No. 27 and lying South of the center line of the paved private
road running generally East and West through said Section 9 West of Federal Highway No.
27.
PARCEL 5:
The NW 1/4 of the SE 1/4 of the NE 1/4 of Section 8, Township 23 South, Range 26 East,
also described as Tract 18 of MONTE VISTA PARK FARMS, as per plat thereof recorded in
the office of the Clerk of the Circuit Court, in and for Lake County, Florida.
AND: That part of the N 1/2 of the NE 1/4 of Section 8, Township 23 South, Range 26 East,
also described as Tracts 1 2, 3, 14, 15 and 16 of MONTE VISTA PARK FARMS, as per plat
thereof recorded in the office of the Clerk of the Circuit Court in and for Lake County,
Florida, lying W of the center line of the paved road running generally N and S through the E
1/2 of the NE 1/4 of the NE I/4 of said Section 8, LESS the NW 1/4 of the NW 1/4 of the
NE 1/4, also described as Tract 4 of MONTE VISTA PARK FARMS, as per plat, thereof
recorded in the office of the Clerk of the Circuit Court, in and for Lake County, Florida and
LESS the SW I/4 of the NW I/4 of the NE 1/4 of Section 8, Township 23 South, Range 26
East, also described as Tract 13 of MONTE VISTA PARK FARMS, as per plat thereof
recorded in the office of the Clerk of the Circuit Court, in and for Lake County, Florida.
PARCEL 6:
The NW 1/4 of the NW 1/4 of the NE 1/4 of Section 8, Township 23 South, Range 26 East,
also described as Tract 4 of the MONTE VISTA PARK FARMS as per plat thereof recorded
in the office of the Clerk of the Circuit Court, in and for Lake County, Florida.
The SW 114 of the NW 1/4 of the NE 1/4 of Section 8, Township 23 South, Range 26 East,
also described as Tract 13 of MONTE VISTA PARK FARMS as per plat thereof recorded in
the office of the Clerk of the Circuit Court, in and for Lake County, Florida.
AND: The NE I/4 of the SW I/4 of the NE 1/4 of Section 8, Township 23 South, Range 26
East, also described as Tract 19 of MONTE VISTA PARK FARMS as per plat thereof
recorded in the office of the Clerk of the Circuit Court, in and for Lake County, Florida.
• •
Exhibit "A"
•
PARCEL 7:
The SW 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of SW 1/4, all in Section 5,
Township 23 South, Range 26 East, and being further described as Tracts 55, 56, 57, 58 and
59 in Section 5, according to the plat of MONTE VISTA PARK FARMS as filed on February
13, 1914, in Plat Book 2, Page 27, Public Records of Lake County, Florida.
PARCEL 8:
Tracts 5, 6, 7, 8, 12, ZO and 21 of Section 8, Township 23 South, Range 26 East according to
the map of plat of MONTE VISTA PARK FARMS, filed-for record on February 13, 1914,
and recorded in Plat Book 2, Page 27, Public Record's of Lake County, Florida: said Tracts 5,
6, 7 and 8 being otherwise described as the N 1/4 of the NW 1/4 of said Section 8, said Tract
12 being otherwise described as the SE 1/4 of the NE 1/4 of the NW 1/4 of said Section 8,
and said Tract 20 being otherwise described as the NW 1/4 of SW 1/4 of NE 1/4 of said
Section 8 and said Tract 21 being otherwise described as the NE 1/4 of SE I/4 of NW I/4 of
said Section 8, in Township 23 South, Range 26 East (LESS road rights-of--way).
PARCEL 9:
Lots 17 and 32 of MONTE VISTA PARK FARMS, as recorded in Plat Book 2, Page 27 of
the Public Records of Lake County, Florida. Also described as the E 1/2 of the SE 1/4 of the
NE 1/4 of Section 8, Township 23 South, Range 23 East.
•