R-98-1030• •
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CITY OF CLERMONT
RESOLUTION
No. 1030
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, MULTI-FAMILY, AN
ADULT CONGREGATE LIVING FACILITY AND A RECREATION AREA.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held September 1, 1998 recommended approval of this Conditional Use
Permit for a Planned Unit Development to consist of single family, multi-family, an Adult
Congregate Living Facility and a recreation area 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 for a Planned Unit Development to consist
of single family, multi-family, an Adult Congregate Living Facility and a recreation area 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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CITY OF CLERMONT
RESOLUTION
No. 1030
Page-2-
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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CITY OF CLERMONT
RESOLUTION
No. 1030
Page - 3 -
Section 2 - Physical Site Develoament
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.
• 9. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
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CITY OF CLERMONT
RESOLUTION
No. 1030
Page-4-
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 in conformance with City and Florida
Department of Transportation (FDOT) 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,
acceUdecel 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
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.
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CITY OF CLERMONT
RESOLUTION
No. 1030
Page - 5 -
7. A Florida Department of Transportation (FDOT) 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 ofright-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.
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.
Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Improvements/Landscaping
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.
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• CITY OF CLERMONT
RESOLUTION
No. 1030
Page-6-
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.
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 22"d DAY OF SEPTEMBER, 1998.
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ROBERT A. POOL, Mayor
ATTEST:
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• ~ JO PH E. VAN E, City Clerk
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Resolution No. 1030
• Attachment "A"
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTHERLY AND
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGIN AT THE NORTHEAST CORNER OF LOT 80 OF WALTON SUBDIVISION;
THENCE N.00° 19'42"W., 526.45 FEET; THENCE N.89°52'41"E., 919.01 FEET; THENCE
N.00°46'04"E., 243.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 600 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE, 317.27 FEET ;THENCE
DEPARTING SAID CURVE, RUN N.60°08'23"W., 360.61 FEET; THENCE N.36°11'49"E.,
642.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 570 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 523.24 FEET TO THE POINT OF
TANGENCY; THENCE N.88°47'35"E., 416.82 FEET TO THE WESTERLY RIGHT OF
WAY LINE OF CITRUS TOWER BOULEVARD AND THE END OF SAID LINE.
DESCRIPTIONS
TRACTS 1, 2, 3, 4, SA, SB, 14, 15, 16, LAKE HIGHLANDS, SECTION 29, TOWNSHIP 22
SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC
RECORDS OF LAKE COUNTY, FLORIDA.
AND
TRACTS 33, 34, 46A, 46B, 47, 48, 49, 50, S1A, SIB, 62, 63, 64, LAKE HIGHLANDS,
• SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK
3, PAGE 30, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
AND
THE SE 1/4 OF THE SW 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA.
AND THAT PART OF THE FOLLOWING:
TRACT 57B, LAKE HIGHLANDS, SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, PLAT BOOK 3, PAGE 30, AND THE SOUTH 1/2 OF
CLOSED HIGHLAND AVENUE LYING EAST OF GRAND HIGHWAY AND
TRACTS 8A, 8B, 9A, 10 LAKE HIGHLANDS, SECTION 29, TOWNSHIP
22 SOUTH, RANGE 26 EAST, PLAT BOOK 2, PAGE 25, LYING
NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGIN AT THE NORTHWEST CORNER OF TRACT 57B, LAKE HIGHLANDS,
SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, SAID POINT
BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
CLOSED HIGHLAND AVENUE AND THE EAST RIGHT OF WAY LINE OF
GRAND HIGHWAY; THENCE S.89°26'48"E., ALONG SAID SOUTH
RIGHT OF WAY LINE, 419.06 FEET; THENCE DEPARTING SAID SOUTH
LINE, RUN THE FOLLOWING COURSES:
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S.00°33'12"W., 226.14 FEET; 5.79°04'48"E., 327.06 FEET;
5.30°56'25"E., 115.18 FEET; 5.40°07'29"E., 125.22 FEET;
5.11 °25'47"E., 70.84 FEET; 5.11 ° 10'30"W., 48.04 FEET;
5.32°44'55"W., 116.48 FEET; S.10°38'04"W., 120.98 FEET;
S.OS°40'00"W., 106.48 FEET; 5.33°18'38"E., 169.97 FEET;
S.54°23'12"E., 112.87 FEET; 5.70°45'11"E., 153.92 FEET;
N.65°25'40"E., 102.82 FEET; N.77°46'36"E., 59.61 FEET
TO THE WEST LINE OF TRACT 11A, LAKE HIGHLANDS, SECTION 29,
TOWNSHIP 22 SOUTH, RANGE 26 EAST AND THE END OF AFORESAID
LINE.
LESS AND EXCEPT
THE EAST 50 FEET OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, AND THAT PART OF THE EAST 50 FEET OF SECTION 29,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, LYING NORTH OF THE RIGHT OF WAY OF
STATE ROAD 50, LAKE COUNTY, FLORIDA.
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