R-98-1029• •
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CITY OF CLERMONT
RESOLUTION
No. 1029
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 205 MULTI-FAMILY UNITS AND 266
TOWNHOME OR CONDOMINIUM UNITS, WITH VARIOUS AMENITIES SUCH AS
CLUBHOUSES, POOLS, TENNIS COURTS, BASKETBALL COURT, ETC.
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 205 multi-family units and 266 townhome or
condominium units, with various amenities such as clubhouses, pools, tennis courts, basketball
court, etc., at the following location:
LEGAL DESCRIPTION
• See Attachment "A"
The City Council deems it advisable in the interest of the general welfare of the Crty 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 205 multi-family units and 266 townhome or condominium units, with various amenities such
as clubhouses, pools, tennis courts, basketball court, etc., 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 uses, additions to the uses, or additions to the facilities shall
be permitted except as approved by another Conditional Use Permit.
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CITY OF CLERMONT
RESOLUTION
No. 1029
Page - 2 -
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. 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. The permittee/developer shall be allowed to construct 205 multi-family units south of
Grand Highway and 266 townhome/condominium units on the property located north of Grand
Highway.
9. 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.
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CITY OF CLERMONT
RESOLUTION
No. 1029
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10. 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.
Section 2 - Physical Site Develoument
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).
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CITY OF CLERMONT
RESOLUTION
No. 1029
Page-4-
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.
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 and interior traffic areas in conformance
with City 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 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 construct internal traffic connection links that provide direct
transportation access between phases and/ or parcels to be initially developed and those identified
for future development.
4. Roadway improvement plans for Grand Highway, East Avenue, Pitt Street, Lake
Minneola Drive, Bloxam Avenue and the project site, including but not limited to, access drives,
acceUdecel lanes, turn lanes, traffic movement 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. Project specific on-site/off-site transportation
improvements consistent with identified project impacts will be the sole responsibility of the
developer.
5, Prior to any construction or development of the Planned Unit Development project, the
permittee/developer shall provide a traffic analysis which identifies the development's impact on
• areas transportation system. The traffic study will provide roadway segment analysis to include
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CITY OF CLERMONT
RESOLUTION
No. 1029
Page-S-
roadway segments that are to experience project impact equal to or greater than 5% of the
adopted level of service standard, and the Florida Department of Transportation Site Impact
Handbook will be utilized as the guide for project analysis. Any portion of the project
development 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.
7. The permittee shall provide and construct a public dedicated City street with free flow
access between the proposed Spring Lake Gardens project and Pitt Street. Said street shall be
designed and constructed as an integral part of the project and general area transportation system.
• Design and construction shall be as approved by the City Engineer. Timing of required
construction shall be as provided by the City; performance shall be contingent upon formal
notification by the City.
8. The applicant shall be required to maintain swales and/or other acceptable erosion
protection devices along roadways (temporary or permanent) which are utilized for construction
of the project and property. Said improvements will be approved and inspected by the City
Engineer prior to any development activity being conducted.
9. Interior streets and/ or roadways shall be privately owned and maintained by the project
owner and/ or formally authorized home owners association respective to the type of ownership
of property within each individual identified project. All interior project streets/ roadways shall be
designed and constructed in accordance with adopted City and standards. Construction shall be
approved by the City Engineer as part of the Site Plan Review process.
10. The permittee shall construct Hunt Street from Grand Highway to Bloxam Avenue when
one of the following occurs: (A) at such time as unit 100 of the project lying south of Grand
Highway, or, (B) at such time as unit 100 of the project lying north of Grand Highway receives a
Certificate of Occupancy. No additional Certificates of Occupancy shall be issued until Hunt
Street is completed. Construction shall be provided in accordance with adopted City Code and in
accordance with plans as approved by the City Engineer and the City Site Review Committee.
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CITY OF CLERMONT
RESOLUTION
No. 1029
Page-6-
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11. The permittee shall perform a traffic access/traffic safety study for the elementary and
middle school area located on East Avenue. Signalization and additional striping improvements
to enhance safety considerations at the school site(s) shall be provided by the permittee.
12. The permittee shall form a committee, open to area residents, to review traffic concerns.
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.
5. 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
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CITY OF CLERMONT
RESOLUTION
No. 1029
Page - 7 -
irrigation system, backflow prevention device, and rain sensor gauge. The system and all
dependant devices shall be properly maintained. Specifically, opaque fencing and a minimum 10
feet wide opaque vegetative buffer shall be provided adjacent to the north and east boundary lines
of The Villages of Lake Minneola portion of the project.
3. A site lighting plan shall be submitted and approved for the site. Lighting shall be
designed, installed and directed to fall upon the subject site and not adversely impact abutting
properties or adjacent roadways.
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 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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 24"' DAY OF NOVEMBER, 1998.
HAROLD S. TURVILLE, JR., Mayor
ATTEST:
v
OSEPH E. V ILE, City Clerk
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Attachment "A"
Resolution No. 1029
That part of the Townsite of Clermont, Florida, as per plat thereof recorded in Plat Book 3, Page
5, Public Records of Lake County, Florida, described as follows: Commence at the east right-of-
way line of East Avenue and the north right-of--way line of Pitt Street as shown on said Plat, run
N00°07'00"W along the east right-of--way line of East Avenue a distance of 600.01 feet for the
Point of Beginning; thence continue N00°07'00"W along said east right-of--way line a distance of
581.99 feet to the intersection of the east right-of--way line of East Avenue and the south right-of-
way line Grand Highway; thence run N53°01'12"E along said south right-of--way line of Grand
Highway a distance of 799.76 feet; thence run S44°34'22"E a distance of 1082.68 feet; thence run
S89°29'11 "E a distance of 530.66 feet; thence run S00°09'55"E a distance of 665.78 feet; thence
run N89°21'35"W a distance of 659.27 feet; thence run S00°11'14"E a distance of 25.65 feet;
thence run N89°27'00"W a distance of 570.26 feet; thence run N00°07'00"W a distance of 265.58
feet; then run S89°41'00"W a distance of 699.95 feet to the Point of Beginning.
• AND
LOTS 4, 5, 6 AND 7, B10CK A AND THAT STRIP OF LAND LYING BEIWCEN THE
MYEST LINE OT 5AlD LOTS AND THE SHORES OF 1AKL MINNEOLA LESS RIGHT OF
WAY OF RAILROAD AND STATC ROAD ,~&I, 10T5 ~, 5, 6 AND 7, B10CK B, ALL Of
BLOCK D, LOTS }, ?, 3 AND 5 ALl BEING !N BLOCK E; A1.1 ACCORDING TO iHf MAP
OF CLCRMONT RECORDED IN ALAI BODK ,3, PAGE 5, PUA1lr. RECORDS OF LAKE
COUNTY, 11.ORIDA. LYING NORDi Of' GRAND HIGHWAY.
Ai SO:
A11 THAI PORflON OF THE FORMER RIp~T-OF-WAY HELD 8Y TAVARES AND GULF
RAILROAD LYING YILrSIERLY OF LOTS 4, 5, 6, ANU 7, IN BLOCK "A", ACCORDING 70 THE
PLAT THEREOF AS RECORDED M PLAT BOOK 3. PAGF 5, PUBLIC RECORDS OF LAKE
GOUNTY, FLORIDA.
1ES5:
A PORTION OF LOT; 6 AND 7, BLOCK D, TOWNSlTl: Of CLERMONT,
LOCATED !N 5FCTIDN t9, TOWNSHIP ?? SOUTH, RANGE 26 EAST,
ACCORDING TD THE PLAT THEREOF RECORDCD rN P1A T [iOgK 3, PAGE 5.
PUBLIC RfCOROS Of LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
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Attachment "A"
Resolution No. 1029
COMMENCE AT THE SOUTHEAST CORNLK OF LOT 5, BLOCK 5, SUNSET
HEIGHTS SUQDIVlSION, LOCATED IN SECTION 74, TOWfYSHfN 2Z SOUTI~
RANGC 25 EAST, CITY OF CLERMONT, ACCORDING TO THE PLAT THEREOF
A5 RECORDED !N PLAT 900K 5, PAGI 42, PUBUI: RECORDS Ol" LAKE
COUNTY, FLORIDA, AS A POINT OF REFER[NCE, THENCE RUN NORTH
0007'00' WEST, ALONG THE WEST R1CHT OF WAY LINE OF EAST AVENUE,
A D15TANCE OF ?30.00 FEE>; THENCE RUN EAST PARALLEL TO THE SUUTH
UNE Lif SAID LOT 5, BLOCK 5, SUNSET HEIGHTS Si1BDMSION, A DISTANCE
OF 100.00 rEfT, TO THE EAST RIGHT OF WAY 0'F EAST AVENUE AND THE
!'DINT OF BEpNN1NG: (i) THENCE CONTINUE EAST A D15TANCE OF 10Q 19
FEET TO THE NORTHERLY R1GHT OF WAY OF GRAND HIGHWAY;
(2) THENCE RUN SOUTH 5?4'09" WEST, ALONG >2{F_ SAID NgRAfERLY
Rlprr OF WAY LINE. OF GRAND IiICNWAY. A DISTANCE OF 252.83 FEET ]0
7HE EAST RIGHT OF WAY LINE OF EAST AVENUE; (3) 7NENCE RUN NORTH
0007'OD".WEST, ALONG 7HE SAID FAST RIp~T OF WAY LINE OF EAST
A VENUE. A AIStANCE OF 153.6 f FEE T, TO THE POINT OF BEpNNiNC TO
C10SE
LESS:
DEGIN AI 1HE 1NTLRSEC]fON Of THE EAST RIGHT-OF-WAY OF EAST AVENUE
AND THE SOUTH R1CHT-OF-WAY OF LAKC UKIVE, ACC(XtDINC TO 1NE
OFFlGAL MAP OF THE p]Y OF CLERMONT, RECORDED IN PLAT 800!( ff,
PACES f7-23, 1NCLU5IVE, PUBUC RECORDS OF LAKE COUNTY, rtOR10a;
RUN THENCE NORTHEASTEKt Y ALOh1G Tllf- EAST RIGHT- OF-WAY ttNC OF CAKE
DRIVE TO THE INTERSECTION a THE EAST RIGHT--OF-WAY Of~ LAKE
DRIVE AND ]Hf SOUTI~ BOUNDARY OF CHERRY KNOLL 5U8DlViSIOdv,
ACC~ftDING TD 1NE PLAt RrCOKUED IN PLAT 1300K 29, PAGES 99-100,
PUBUC RECORDS OF LAKE COUNTY, FLORIDA; RUN 11~FNCE EASTEKt Y ALONG
]NE SAID SOUTH QOUNDARY ZO 1-EET; RUN l1~CNCE SOUTNWCSTERLY
PARALLEL ANp 20 FEET T'ROM IHE SOUTH KIGHT-OF-WAY LINE OF LAKE
DRIVE' 70 THE EAST RIGHT-OF-WAY UNE OF EAST AVENUE; THCNL'E
NORTHERLY TO THE POINT OF HEgNNINC.
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