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RESOLUTION
NO. 1094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND
RESOLUTION NO.1030 BY AMENDING THE LEGAL DESCRIPTION.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 7, 1999 recommended approval of this Conditional
Use Permit to amend Resolution No. 1030 by amending the legal description at the following
location:
LEGAL DESCRIPTION
See Attachment "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. 1030 by amending the
legal description be granted subject to the following 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 use, additions to the use, or additions to the facility 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.
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RESOLUTION
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4. Construction and operation of the proposed use shall at all times comply with the
regulations of this and other governmental agencies.
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 for 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. 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.
9. 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.
10. A private recreation facility shall be provided for the multi-family portion of the project.
11. The Jack's Lake Planned Unit Development Master Development Plan, dated August 14,
1998 (Project No.0006.01), prepared by Miller, McCoy, Einhouse and Associates, Inc., shall
serve as the approved conceptual plan for future development.
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Section 2 - Physical Site Development
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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.
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.
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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 - Transuortation Imurovements
1. Sidewalks shall be constructed along all roadways in conformance with City and Florida
Department of Transportation (FOOT) Standards, the length of the subject property.
Construction shall be provided in accordance with adopted City Codes.
2. The permittee/developer shall provide off-street parking and, where applicable, loading
spaces as required by City Code. All said required parking and vehicular use areas shall be
landscaped in conformance with adopted City Code.
3. The permittee/developer shall as part of the overall development scenario for the various
components of the project construct internal traffic connection links and provide required rights-
of-way that provide direct transportation access between the parcels to be initially developed and
those to be developed at a part of future development areas.
4. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley Seaver
Drive and the various project development sites, including but not limited to, access drives,
accel/decel lanes, turn lanes, traffic signalization 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. At such time as signalization is
determined warranted and necessary on Highway 50, the permittee/developer shall pay a pro rata
share of improvement costs based on traffic counts. Project specific on-site/off-site
transportation improvements consistent with identified project impacts will be the sole
responsibility of the developer.
5. Prior to construction and development of the Planned Unit Development project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on
the City's transportation system. Project facilities whose site location, anticipated total trip
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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. A Florida Department of Transportation (FOOT) permit will be required and filed with
the City for any activity proposed to occur along Highway 50 right-of-way prior to issuance of
development approval or permitting by the City. Applicable Lake County permits will be
required for any roadway activity proposed to occur along jurisdictional rights-of-way.
8. The applicant shall be required to maintain swales and/or other acceptable erosion
protection devices along SR 50, and/or other roadways (temporary or permanent) which are
• utilized for construction and development of the project and property. Said improvements will
be approved and inspected by the City Engineer prior to any development activity being
conducted.
9. The applicant shall construct Oakley Seaver Drive from Citrus Tower Boulevard to State
Road 50, with a minimum of sixty (60) feet of right-of-way and shall dedicate same to the City
of Clermont.
Section 4 - Stormwater Management
1. 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.
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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.
5. Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Improvements/Landscaaing
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.
3. A site lighting plan shall be submitted and approved for each parcel developed on the
site. Lighting shall be designed, installed and directed to fall upon the subject site and not
adversely impact abutting properties.
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 ACLF 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.
Section 6 -Utilities
1. The Developer shall make available to the City of Clermont, as part of the overall project
development scenario, sites and infrastructure intended and required to provide potable water,
sanitary sewer, and other utilities/facilities necessary to meet the level of service (LOS) standards
of the adopted Comprehensive Plan,. Such utilities~facilities shall provide adequate service
capacities for individual sites, and meet the requirements of other related Codes and Standards
adopted by the City, or required by regional, state and federal agencies.
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2. The developer/permittee shall be responsible for the cost of all required on-site and off-
site utility improvements specifically necessitated by impacts of the project.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 28`~ DAY OF SEPTEMBER, 1999.
arold S. Turville, Jr., Mayor
• Attest:
Jo ph E. Van Zile ' y Clerk
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C7
Attachment "A"
Resolution No. 1094
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A portion of sections 20 and 29, Township 22 South. Range 26 East. Lake County, Florida,
being more particularly described as follows:
Commence at the Northeast comer of the Southeast 1 /4 of said Section 20; thence run
North89'46'48"West for a distance of 50.00 feet to the West right-of-way line of Citrus
Tower Boulevard for the POINT OF BEGINNING; thence continue North 89'46'48"West
along the north line of the said Southeast 1/4 a distance of 1284.61 feet; thence departing said
North line of Southeast 1/4 run South00'24'48"East o dbtance of 66229 feet; thence run
North 89'41'35"West 724.42 feet; thence run South37'S0'55"East a distance of 69.07
feat; thence run South 26'31'16"East a distance of 119.29 feet; thence run
Southll'36'52"East a distance of 138.47 feet; thence run South08~03'S5"East a distance
of 268.88 feet; thence run South02'33'08"East a distance of 143.36 feet; thence run
South02'S5'06"West a distonce of 142.71 feet; thence run05'22'58"East a di"stance of
141.96 feet; thence run Southl0'04'26"West a distance of 188.85 feet; thence run
South48'25'12"West o distance of 87.70 feet; thence run South 00'23'04"East a dlstance
of 749.84 feet to a point of the North right-of-way line of Reverse Frontage Road; thence run
N89'25'S9"West a distance of 658.67 feet; thence run North 00'21'21"West a distance
of 1320.07 feet; thence run North89'36'39"West a distance of 1318.22 feet; thence run
South00'23'40"East a distance of 1275.99 feet; thence run North89'25'S9"West a
distance of 534.22 feet; thence run North27'40'OS"West a distance of 304.98 feet; thence run
North89'58'33"West a distonce of 612.80 feet; thence run South33'S3'13"East a
distance of 36.15 feet; thence run South89'S8'33"East a dbtance of 419.08 feet; thence run
South00'01'27"West a distonce of 226.14 feet; thence run S79'34'33"East a distance of
327.06 feet; thence run South3l'28'10"East a distance of 115.18 feet; thence run
South40 39'14"East a distance of 125.22 feet; thence run Southll'S7'32"East o distance
of 70.84 feet; thence run Southl0'38'45"West a distonce of 48.04 feet; thence run
South32'13'10"West a dlstance of 118.48 feet; thence run Southl0'06'19"West a
distance of 120.98 feet; thence run South05'0$'15"West a dlstance of 108.48 feet; thence run
South33'S0'23"East a distance of 52.01 feet; thence run North89"57'23"East a distance
of 1769.44 feet; thence run North00'18'46"West a distance of 88.10 feat; thence run
North89'39'19"East a distonce of 654.93 feet; thence run North00'20'46"West a
distance of 503.56 feet to the South right-of-woy line of aforesakl Revere Frontage Road; thence
run North89'25'S9"East along said South right-of-way line of Reverse Frontage Road a
distance of 898.31 feet to the point of curvature of a curve concave North, having a radius of
1030.00 feet; thence run Easterly dong sold South right-of-way and curve through a centrd angle
of 09'56'11" an arc length of 178.62 feet to the point of crx~vature of a reverse curve concave
South having a radius of 970.00 feet; thence run East long sold South right-of-woy and curve
through a central angle of 09'56'11" an arc length of 168.22 feet to the point of tangency,
thence run South89'25'S9"East along said South right-of-way line o distance of 326.98 feet;
thence departing said South right-of-woy line of Reverse Frontage Road run
North00'34'01 "East a dlstance of 461.33 feet; thence run North89'25'59"West a
distance of 658.23 feet to the Easterly right-of-way IMe of Oakley Seaver Boulevard; thence run
North15'34'27"East along said Easterly right-of-way line a distance of 333.42 feet to the
point of curvature of a curve concave Southerly having a radius of 710.00 feet; thence run
Easterly long said right-of-way and curve through a central anc,~le of 73'57'24" an arc length
of 916.46 feet to the pok-t of tangency; thence run North89'31 51"East along said Southerly
right-of-way line of Oakley Seaver Boulevard a distance of 432.39 feet to the aforesaid West
right-of-way line of Citrus Tower Boulevard; thence run North00'28'09"West along said
West right-of-way line of Oakley Seaver Boulevard a distonce of 1369.42 feet to the POINT OF
BEGINNING.
Containing 159.4098 acres more or less