R-99-1079• •
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CITY OF CLERMONT
RESOLUTION
NO. 1079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT TO ALLOW THE CONSTRUCTION OF A 300 UNIT
APARTMENT COMPLEX.
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:
• This application for a Conditional Use Permit for a Planned Unit Development to allow
the construction of a 300 unit apartment complex 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.
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 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.
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CITY OF CLERMONT
RESOLUTION
NO. 1079
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5. 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.
6. The final Certificate of Occupancy shall not be issued until each of the stated
conditions has been met.
7. 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.
8. The Conditional Use Permit must be executed and filed in 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.
9. This permit shall become null and void if substantial construction work has not
begun within two (2) years of the date of 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.
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.
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 workday.
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CITY OF CLERMONT
RESOLUTION
NO.1079
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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. 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).
7. 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.
Section 3 -Transportation Improvements
1. The applicant shall construct Oakley Seaver Drive from its current terminus, near
the North entrance to the South Lake Hospital, eastward to the eastern property line of
the subject property including deceleration and turn lanes at the project entrance. The
permittee shall pay for and install streetlights per City code along Oakley Seaver Drive
frontage. Installation and maintenance of lighting internal to the project shall be the
responsibility of the permittee.
2. Approval of construction plans shall not be granted until of right-of-way for
Oakley Seaver Drive has been dedicated to the City of Clermont. The right-of-way shall
be eighty feet wide and run the length of the subject property.
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CITY OF CLERMONT
RESOLUTION
NO.1079
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3. Prior to construction and development of the Planned Unit Development project,
the permittee/developer shall provide a traffic analysis that identifies the development's
impact on the City's transportation system. Based upon results of the traffic study, 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 of that
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, per the traffic
study, will be the sole responsibility of the developer.
4. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley
Seaver Drive and Hancock Road, including but not limited to, access drives, acceVdecel
• 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.
5. Ingress/egress to the site for construction shall be as approved by the City Site
Review Committee.
Section 4 -Site Improvements/Landscaping
1. City code calls for the planting of not less than one tree per unit for any new
multifamily development. These trees and the trees required in the landscape buffers
shall not be less than 3 inches in diameter measured 4 ~/2 inches above the existing
grade and shall be a minimum of ten feet in overall height.
2. In order to provide a buffer from the single family residential units to the north of
the subject property the permittee shall provide one of the following along the length of
the north property line: 1) a ten-foot wide landscape buffer, including required tree
plantings, and asix-foot wall, or 2) a twenty-foot wide landscape buffer with trees and
shrubs planted in manner as to provide opaque screening with shrubs a minimum six-
foot in height at time of planting, or 3) a twenty-foot wide landscape buffer with berm,
trees, and shrubs planted in a manner as to provide opaque screening with a combined
height of six feet at the time of planting.
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CITY OF CLERMONT
RESOLUTION
NO.1079
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3. Additionally, buildings will be required to have a 50 ft. setback from the north
property line.
4. 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.
Section 5 -Utilities
1. The permittee shall extend the water line on Oakley Seaver Drive from its
terminus near the South Lake Hospital eastward to the eastern property line of the
subject property. The size of the line will be the same as that currently existing or as
approved by City Engineer and ductile iron pipe will be used under pavement.
• 2. The permittee shall pay its share of the cost of the master lift station and
appurtenances located on the Lake Sumter Community College property and construct
all pipes necessary to convey sewage to the master lift station.
3. Irrigation water shall be provided by well until such time as reuse water is
available. The irrigation system shall be constructed using purple pipe to designate
reuse water.
4. The permittee shall place all hydrants within the project according to City code.
All buildings shall be sprinkled if a fire flow of 1500 cfm can not be obtained.
5. An emergency vehicle access code will be required by the City.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 24th DAY OF AUGUST, 1999.
Harold S. Turville, Jr., Mayor
Attest:
Joseph E. V Zile, City Clerk
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Attachment "A"
Resolution No. 1079
A PARCEL OF LAND LOCATED IN THE SW '/s OF SECTION 21, T22S. R26E, LAKE COUNTY,
FLOFIDA, MOFE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST Ys CORNER OF SAID BECTON 21; THENCE N89°33'53" E ALONG
THE NORTHERLY LINE OF SAID SW '/s, A DISTANCE OF 1370.74 FEET TO THE POINT OF
BEGINNING;
THENCE. CONTINUNING ALONG 7HE NORTHERLY LINE OF SAID '/. N89°33'53"E, A
DISTANCE OF 1003.71 FEET TO A POINT ON THE CENTERLINE OF A 170-FOOT WIDE
FLORIDA POWER RIGHT OF WAY EASEMENT; THENCE LEAVING THE NORTHERLY LINE OF
SAID SW '/s, S 17°08'21"E. ALONG THE CENTERLINE OF SAID EASEMENT, A DISTANCE OF
98.61 FEET TO A POINT; THENCE CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT
516°54'04"E, A DISTANCE OF 714.01 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
LINE OF THE PROPOSED OAKLEY BEAVER BOULEVARD (40 FEET NORTH OF CENTERLINE);
THENCE LEAVING THE CENTERLINE OF SAID EASEMENT, ALONG THE SAID NORTHERLY
RIGHT OF WAY LINE. ALONG A CURVE TO THE LEFT, AN ARC DISTNACE OF 388.30 FEET
• (SAID CURVE HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 21°36'00" AND A
CHORD BEARING AND DISTANCE OF 544°58'52" W, 386.01 FEET) TO A POINT OF REVERSE
CURVE; THENCE CONTINUNING ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A
CURVE TO THE RIGHT, AN ARC DISTANCE OF 531.83 FEET (SAID CURVE HAVING A RADIUS
OF 550.40 FEET, A DELTA ANGLE OF 59°21'47", AND A CHORD BEARING AND DISTANCE OF
561°51'46"W, 511.38 FEET) TO A POINT; THENCE CONTINUING ALONG SAID NORHTERLY
RIGHT OF WAY LINE, S89°32'39"W, A DISTANCE OF 126.09 FEET TO A POINT; THENCE
LEAVING SAID NORTHERLY RIGHT OF WAY LINE, N16°54'04" W, A DISTANCE OF 1343.04
FEET TO THE POINT OF BEGINNING.
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