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R-98-1028• • U CITY OF CLERMONT RESOLUTION No. 1028 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-FAMILY/TOWNHOUSE DEVELOPMENT, IN THE R-3 RESIDENTIAL/PROFESSIONAL DISTRICT. 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 to allow the construction of amulti-family/townhouse development in the R-3 ResidentiaU Professional District at the following location: LEGAL DESCRIPTION Lot 7, Block F -Less, begin at the southeast corner of Lot 6, Block F, run S00°00'58"W 72.50', S89°41'20"W 531.67', N47°14'16"W 133.66' to the southwest corner of said Lot 6, Block F, E 630' to POB -Also Lot 8, Block F. 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 allow the construction of amulti-family/ townhouse development, located in the R-3 Residential/Professional District be granted subject to the following conditions: Section 1 -General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner/ permittee and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. Upon approval of the this resolution the aforementioned property shall only be used for the purposes described herein. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. • • • CITY OF CLERMONf RESOLUTION No. 1028 Page - 2 - • 3. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 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 Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and City Code of Ordinances. S. All anylicable 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. 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. • 6. The multi-family residential townhouse development shall be permitted to construct housing at a density of eight (8) units per acre in accordance with provisions of Comprehensive Plan UD-4 Future Land Use district designation. 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. 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 ultimates finalized at completion. Section 2 - Physical Site Development 9. 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. 10. 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 • • • CITY OF CLERMON7' RESOLUTION No. 1028 Page - 3 - 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. 11. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Ingress\egress shall not be permitted from Montrose Street. 12. 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. 13. All excavated material shall be stored in a location approved by the City Engineer. 14. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. . 15. 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. 16. 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. 17. 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. 18. The developer shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. 19. A Florida Department of Environmental Protection permit (potable water and sanitary sewer) for the multi-family/townhouse project shall be filed with the City prior to any development activity occurring on the site. Section 3 -Transportation Improvements 20. Sidewalks shall be constructed along all roadways and street frontages, the length of the subject property. Construction shall be provided in accordance with adopted City Codes. • • • • CITY OF CLERMONT RESOLUTION No. 1028 Page-4- 21. Roadway improvement plans for Hunt Street and the project site, including but not limited to, turn lanes, traffic movement signage, and internal project signage shall be submitted to and approved by the City Site Review Committee prior to commencement of any development activity for any portion of the project. 22. The permittee/ developer shall provide construction of Hunt Street to a City approved termination point west of the Phase 1 project entrance at part of Phase 1 development. Completion of Hunt Street construction to the west property boundary shall be provided prior to initiation of any portion Phase 2 project construction. All roadway construction shall be approved by the City Engineer and conform to adopted City roadway Standards. 23. Ingress/egress to the site for construction shall be from Hunt Street. No ingress or egress of machinery or trucks shall be allowed from Highway 50. 24. The applicant will be required to maintain swales and/or other acceptable erosion • protection devices along all 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. Section 4 -Site Improvements/Landscaaing 25. All project signage shall conform to adopted City Codes and Standards. 26. The developer/permittee shall install vegetative buffering adjacent to abutting residential uses and roadways in accordance with adopted City Code. Other required landscape buffering and screening shall be as approved by the City Site Review Committee. All required landscaping shall be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. 27. 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. 28. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. • • r1 LJ Section 5 -Stormwater Management CITY OF CLERMONT RESOLUTION No. 1028 Page-S- 29. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. 30. Verification of the stormwater run-off data, assumptions and calculations shall 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. 31. 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. 32. 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. 33. Final disposition of Stormwater outfall shall be as approved by the City Engineer. 34. The permittee/developer shall provide grassing to the all disturbed areas, including fertilizer application, in accordance with approved plans of the City and SJRWMD. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22'~ DAY OF SEPTEMBER, 1998. ~~ ROBERT A. POOL, Mayor ATTEST: • PH E. VAN E, Cit Clerk