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R-94-826• CITY OF CIF.RMONT • RESOLUTION • No. 826 ion 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 or additions to the Planned Unit Development 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 and Operation/Reclamation 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. 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 except as otherwise specified. • All required landscaping must be served with a permanent irrigation system and 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. These areas shall be properly maintained. 5. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 6. Performance bonding shall be required for all infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and submitted by the Engineer of record and approved by the City Engineer. The City shall then determine the bond amount in accordance with adopted City Code regulations. The developer is responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. 7. The residential portion of the Planned Unit Development shall be permitted to construct housing at a density of four (4) units per acre in accordance with provisions of Comprehensive Plan UD-5 Future Land Use district designation. • 2 • Cl7Y OF CIF.RMOIV7' • RESOLUTION • No. 826 8. In the event that construction has .not began within eleven (11) months from the date of the approval of this Conditional Use Permit the permittee, heirs or assigns shall provide complete reclamation of the site. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 3) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approxunate pre-construction surface water drainage characteristics without subsequent erosion. The final grading of the project site shall conform to the grades, lines, slopes and contours shown on the approved reclamation site plan (as required in Section 1, Item 3}. B. Grading and stabilization -All areas disturbed during the construction • operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 3) and the U.S.D.A., S.C.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The retention areas shall be regraded to the original dimensions and stabilized in accordance with plans approved by the City Engineer. C. Landscaping and reforestation - Within 30 days of the expiration of the Conditional Use Permit, all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick growing grass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent grassing. All City of Clermont landscape and tree requirements shall be complied with. All reforestation operations shall provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in compliance with the City of Clermont Tree Ordinance. Conversely, tree species designated as undesirable by the City of Clermont Tree Ordinance shall not be acceptable. • 3 • CITY OF CI.F,RMONT • RESOLUTION • No. 826 D. Reclamation time horizons - At the end of six months from the completion of the reclamation project, at least 80% of the reclaimed areas shall have permanently established ground cover. By the end of one year, ground cover shall be established on 100% of the reclaimed areas. Should erosion problems occur prior to final approvals by the City of Clermont, such eroded areas shall be regraded and stabilized as necessary to comply with the intent of this reclamation requirement. E. Structure and debris eradication -All debris, refuse, junk, poles, piling, cables and other construction related articles shall be removed from the project area as part of the reclamation process. Any construction related structures erected during the development operation shall be dismantled and removed, unless approvals from the appropriate authorities permit otherwise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. 9. The permittee shall dedicate right-of-way along Hancock Road, the length of the subject property, to provide compliance with directions of the Comprehensive Plan • for collector road implementation standards (i.e. eighty (80) feet minimum width. 10. At the time of commercial property development, the permittee shall dedicate a fifty (50) foot wide right-of--way for a frontage or reverse frontage road in conformance with Transportation Access Management directives of the Comprehensive Plan. 11. At the time of commercial property development, the permittee shall complete installation of all necessary infrastructure improvements for the required frontage or reverse frontage road in accordance with design, specifications and plans approved by the Site Review Committee. 12. Ingress and Egress to all commercial properties shall be provided from the frontage road in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. 13. The preliminary site plan heretofore submitted is approved together with all PUD design standards shown thereon, with the following conditions added as a point of clarification: • 4 • CITY OF CLERMONT • C RESOLUTION No. 826 a) The Reclamation Plan referred to in this Ordinance shall be construed to have the following meaning: A Reclamation Plan shall be only required for the disturbed portion of the site where abandonment of the project has occurred. The Plan shall provide the disturbed portion be kept vegetated and any erosion on the site minimized. Where development is proceeding, no reclamation shall be required. b) The 80 foot right-of--way referred to shall mean 40 feet on each side of the current center line of Hancock Road. c) The preliminary site plan heretofore submitted is approved together with all PUD design standards show thereon. Under the PUD design standards as listed on the proposed site plan, the building setback line of 65' is applicable only to lots located on cul-de-sacs. Side yard setback lines shall be 7.5 feet. Minimum lot width of 35' is only applicable to cul-de-sac lots. d) Reuse lines will only be required if the City reuse service is available prior to development. 14. The permittee shall provide the City a utility easement for provision of water and sewer as approved by the Site Review Committee. 15. 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. 16. This permit shall become null and void if platting and 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 ultimatelX finalized at completion. tion 2. Operation Plans (Excavation, Grading, and Reclamation) are to be outlined for site alteration in an attached manual and submitted by the applicant: • 5 • CITY OF CIF.RMONT . RESOLUTION • No. 826 1. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 2. Density tests will be conducted at a maximum of 2 foot intervals at locations approved by the City Engineer in order to prove compaction requirements. All disturbed areas requiring such testing shall be compacted to 95% density of modified proctor. 3. Noise levels shall not exceed those recommended by F.D.E.R. 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. 4. Ingress/egress to the site for construction shall be from Hancock Road south of S.R. 50. No ingress or egress of machinery or trucks shall be allowed from S.R. . 50. However, access to Parcel A-1 shall be permitted from S.R. 50 if the residential development precludes access from Hancock Road. 5. All excavated material shall be stored in a location approved by the City Engineer. 6. 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 a combination of grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City and the U.S.D.A. Soil Conservation Service. 7. The commercial parcels located adjacent to S.R. 50 and Hancock Road shall be hydro seeded and supplied with a source of irrigation that will ensure stabilization of each parcel after the initial .construction stage of development has been completed. 8. The permittee/developer shall provide both temporary and permanent grassing to the commercial areas including fertilizer application which shall be provided in accordance with an approved ground cover plan acceptable to the City with advisory consultation of the U.S.D.A. Soil Conservation Service located in Tavares. • 6 • • • CITY OF CLERMONT RESOLUTION No. 826 tion General improvements for development of the site shall require the following: Sidewalks shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. Buffering, screening and placement of approved trees shall be required in accordance with adopted City Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee. 3. All dumpster and other equipment sites shall be enclosed with masonry structures with wood gates, in accordance with plans approved by the City Site Review Committee. • 4. All signage shall conform to adopted City Codes and Regulations. 5. Roadway improvement plans for S.R. SO and Hancock Road, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage for the frontage/reverse frontage road shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. If signalization at S.R. 50 and Hancock Road is determined necessary pursuant to impacts of the development the developers pro rata share will be borne by the permittee/developer. 6. Commercial display of commodities for sale shall be located within a completely enclosed building and conform to City regulations for storage, screening, and locational criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved by the City Manager. 7. In accordance with adopted policies of the City of Clermont Comprehensive Plan, the permittee/developer shall provide for implementation and utilization of wastewater reuse systems for the proposed planned unit development. 8. Prior to commencement of any development activity on the Planned Unit Development an agreement for provision of necessary utilities shall be ratified between the permittee/developer and the City. • 7 . lJ7Y OF CIF.RMOIVT • RESOLUTION No. 826 tion 4 A stormwater management plan, the following are required: 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 and other assumption & calculations must be provided 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 building permit or any development activity. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF • CLERMONT, LAKE COUNTY, FLORIDA THIS 13TH DAY OF SEPTEMBER, 1994. ROBERT A. PO L, Mayor ATTEST: JO H E. VAN ZI ,City erk • a i CI71' OF CLERMONT S RESOLUTION • No. 826 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 CONSIST OF SINGLE FAMILY RESIDENTIAL AND COMMERCIAL USES IN THE R-1 URBAN RESIDENTIAL DISTRICT AND C-2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida, at a meeting held July 5, 1994 recommended approval of this Conditional Use Permit for a Planned Unit Development to consist of single family residential and commercial uses in the R-1 Urban Residential District and C-2 General Commercial District at the following location: LEGAL DESCRIPTION Parcel A-1: Tracts 19 and 20, Lake Highlands Company, Sec. 28, Twnshp. 22, Rng. 26. Parcel A-2 & A-3: Tracts 29, 30, 31, 32, 33 and 34, Lake Highlands Company, Sec. 28, Twnshp. 22, Rng. 26. • Parcel B-1: The west 1/2 of the northwest 1/4 of the southwest 1/4 of the northwest 1/4 of Sec. 27, Twnshp. 22, Rng. 26. Parcel B-2: The northwest 1/4 of the southwest 1/4; and the south 1/2 of the southwest 1/4 of the northwest 1/4, Sec. 27, Twnshp. 22, Rng. 26. 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 for a Planned Unit Development to consist of single family residential and commercial uses in the R-1 Urban Residential District and C-2 General Commercial District be granted subject to the following conditions: • 1