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R-98-0988• • • CITY OF CLERMONT RESOLUTION No. 988 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 799 SINGLE FAMILY RESIDENCES AND AN 18 HOLE CHAMPIONSHIP GOLF COURSE. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 6, 1998 recommended approval of this Conditional Use Permit for a Planned Unit Development to consist of 799 single family residences and an 18 hole championship golf course 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 799 single family residences and an 18 hole championship golf course 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 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. 3. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. w • s CITY OF CLF,RMONT RESOLUTION No. 988 Page-2- 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 Planned Unit development 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. 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. Any specific references in this Resolution to the Florida Statutes, Florida Administrative Code, City of Clermont Land Development Regulations, City of Clermont Comprehensive . Plan, include any future amendments to the Statutes, Code, Regulations and/or Plan. 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 ultimately finalized at completion. 9. As assistance to the City of Clermont in its expansion of facilities, services, and utilities to facilitate a proportionate fair share cost of providing capital improvements to the development, at the time of the first request for a building permit for the "Skytop" Planned Unit Development, the developer shall make a bulk purchase of 50 impact fee units for each of the adopted impact fee categories. The Developer shall be reimbursed for said bulk purchase by receiving applicable prepaid Impact Fee Credits from the City. Section 2 -Land Use The Skytop Planned Unit Development Master Development Plan, submitted November 6, 1997 prepared for Levitt Homes Incorporated, shall serve as the approved conceptual plan for future development. L _ J CITY OF CLF1tMONT RESOLUTION No. 988 Page-3- • The Planned Unit Development shall mean and include the total of the following land uses: A. Residential 1. Number and TXpe of Residential Units The project shall be permitted for a total of 799 single family residential dwelling units on 469.87 acres of land, with an overall gross density of 1.7 dwelling units per acre. 2. Lot Sizes and Setbacks Single family construction shall be permitted on lots in the manner and configuration as follows: Lot Size (minimum) Setbacks (minimum) • a. 55' x 110' 25' front 10' rear 5' side b. 65' x 110' 25' front 25' rear* 7.5' side c. 75' x 110' 25' front 25' rear* 7.5' side * Rear lot lines shall be provided as indicated except a 15' rear yard setback may be utilized where the rear lot line abut the golf course or other common area. Accessory structures such as pools, decks, screened enclosures with screened roofs and the like shall provide a minimum rear yard setback equal to the side yard setback for any residential unit. In the event the developer wishes to construct other than an "age restricted" form of community on the property, all criteria shall meet standards of the City R-1 (Urban Residential) Zoning Category. Physical development shall meet standards consistent with Chapter 5 (Subdivisions) of the adopted City Land Development Regulations. • CITY OF CLERMON7' RESOLUTION No. 986 Page-4- 3. Building Height: • The maximum building height shall be 35 feet for residential structures. 4. Pazking Pazking for residential units shall be provided as required by the City of Clermont Land Development Regulations B. Recreation and Omen Space The Developer shall provide an 18 hole Championship Golf Course (including golf cart barn and maintenance facilities), clubhouse with recreational amenities, and driving range. Such uses may be accessible to public use and include sales of food and alcoholic beverages for on-site consumption. The driving range and clubhouse/recreation area shall encompass a minimum of 25 . +/- acres for recreation and common open space. Such areas will be set aside for passive and active recreational uses and stormwater abatement/management systems to include appropriate appurtenances. The driving range facility shall be oriented away from roads and rights-of--way, and shall not be provided with lighting for utilization after normal day light operation. Final orientation shall be determined at the time of final site plan approval by agreement of the developer and the City. Building_Setbacks and Building Height All non-residential buildings shall maintain a 50' setback from State rights-of--way, 25' setback from City, County and private road rights-of--way, and 25' setback from residential properties. The maximum building height shall be 35 feet; however, cupolas and spires shall be permitted up to 42 feet. 2. Parking Pazking shall be provided at a ratio of one (1) space for each two hundred (200) squaze feet of floor azea (1:200) for non-residential buildings. Six (6) spaces for each golf course green, and one (1) space for each driving range tee. Construction of the parking facilities shall be consistent with each building or amenity provided as the project is developed. • r • CITY OF CLERMONT RESOLUTION No. 988 Page - 5 - 3. Lig_htinR 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. Section 3 - Physical Site Develoament 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. All excavated material shall be stored in a location approved by the City Engineer. 3. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 4. 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. 5. 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. 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. Slopes greater than 3:1 shall be prohibited. 8. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. • r • CITY OF CLF.RMONT RESOLUTION No. 988 Page-6- Section 4 -Transportation • Prior to construction and development of the project, the permittee/developer shall provide a traffic analysis which identifies the development's impact on the City's transportation system. The City may also require the submission of a traffic analysis for project land uses whose site location, anticipated total trip generation, circulation patterns or other such factors warrant a more extensive review of traffic impacts. Such studies shall be provided in conformance with Concurrency measures (Chapter 4) of the City Land Development Regulations and applicable requirements of other impacted jurisdictional entities. 2. Sidewalks shall be constructed along all roadways in conformance with City and Florida Department of Transportation (FOOT) Standards, the length of the subject property. Construction shall be provided in accordance with adopted City Codes. • 3. All roads within the project shall be designed and constructed in accordance with adopted City Standards. 4. The Developer shall meet the required roadway width and access management standards of the City, Lake County and the Florida Department of Transportation (FOOT) consistent with jurisdictional roadway classifications as it relates to identified jurisdictional facilities. 5. Overall roadway and intersection improvements including but not limited to SR 50, "old" SR 50, US Highway 27, North Hancock Road, East Jack's Lake Road, North Ridge Boulevard, Mohawk Road and other facilities identified through the Transportation Concurrency Review process shall be provided consistent with approved impact mitigation measures delineated by the jurisdictional entity at Final Site Plan Approval. The applicant shall provide pedestrian and bicycle facilities/improvements consistent with adopted directives of the City and Lake County. Improvement plans for such facilities shall be included with construction drawings for the project. 6. Immediate improvements necessitated by construction of ingress\egress roadways and driveways to the project shall be provided consist with the impact of the facility constructed. Plans and specifications for such improvements shall be submitted to the City and appropriate jurisdictional entities for review and approval on a case by case basis. Such improvements may include, but not be limited to acceVdecel lanes, turn lanes, tapers, signalization, signage, widening and resurfacing of the impacted roadway. • LJ CITY OF CLERMONT RESOLUTION No. 988 Page-7- 7. Access to the Planned Unit Development shall be permitted through three (3) locations. The main entrance shall be located on North Hancock Road. A second principal access shall be located on SR 50, which shall be limited to right-in and right-out facility. The third entrance shall be located on "old" SR 50, which shall be for maintenance and emergency entry situations. The two principal entrances may include guard house facilities as approved by the City Site Review Committee. 8. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 9. Florida Department of Transportation (FOOT) 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. 10. 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 of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 11. Single family units shall not front on, or be permitted direct access to, arterial or local collector streets. 12. All signage shall conform to adopted City Codes and Standards. 13. The roads within the Planned Unit Development may at the developer's election, be private, but in such instances, the private roads shall be owned and maintained by a duly appointed and authorized Homeowners Association. 14. The Developer shall be permitted to extend the maximum length of a cul-de-sac street from 1,200 feet to 2,000 feet. Section 5 -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 • • • CITY OF CLERMONT RESOLUTION No. 988 Page-8- 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. The use of septic tanks and individual water wells shall be prohibited. 2. 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. The Developer shall, through appropriate improvement plan design and physical construction placement, provide that utility lines will not have more than 36 inches of overburden. Where landscape may be located over such lines the City shall receive indemnification in the event of necessary operation and/or maintenance on the utility. Repair and/or replacement of landscape shall be the responsibility of the Developer. 4. The developer/permittee shall provide a reuse water irrigation system for the project. Initial water supply for the reuse system may be provided by existing on-site wells, or • other means as agreed by the City and the developer, until such time as reuse water becomes available at the site. 5. In order to prevent potential cross connection between potable water supply and reuse water lines, all reuse lines shall be installed in purple colored pipe. 6. Temporary Septic Tanks shall be allowed to golf course restroom facilities located distant to central facilities. Section 6 -Stormwater Management Plan Reauirements Verification of the stormwater run-off data, assumptions, and calculations shall be provided and approved by the City Engineer and St. John's River Water Management District on each proposed phase, or individual developed parcel, of the project prior to any development activity. The drainage and Stormwater retention requirements of the City and the appropriate regulatory agencies shall be met. 2. 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. 3. Permeability tests must be submitted as part of the Stormwater/site plan review process. Permeability shall be maintained. • r ~ U CITY OF CLERMONT RESOLUTION No. 988 Page-9- 4. Final disposition of stormwater outfall shall be as approved by the City Engineer. 5. The developer, or duly authorized and sanctioned Home Owners Association, shall be the entity responsible for the construction and maintenance of the storrnwater management system. 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 landscape and sod in accordance with adopted City Code. Section 7 -Construction Parameters and Noise Abatement Contractors shall be allowed to work 7:00 a.m. to 7:00 p.m., Monday through Saturday. Noise levels during construction of the project shall not exceed those recommended by the Florida Department of Environmental Protection. 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 thru Saturday. Heavy equipment maintenance operations or heavy machinery engines will not be started earlier than 7:00 A.M. on any day. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27TH DAY OF JANUARY, 1998. ROBERT A. POOL, Mayor ATTEST: JOSEPH E. Z E, City Clerk • r Attachment "A" Resolution No. 988 THAT PART OF SECTIONS 16. 21, 22 AND 27, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCR18ED AS FOLLOWS- COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE S.89'3a'38'E., ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 50.00 FEET; THENCE N.00'02'14"W., 102.94 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N.00'02'14"W., 955.70 FEET TO THE PAINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND }SAVING A RADIUS OF 620.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SA-D CURVE, THRU A CENTP.AL ANGLE OF 35'00'00", A DISTANCE OF 378.74 FEET-TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SGUTHWESTERLY AND HAVING A RADIUS OF 900.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SA10 CURVE THRU A CENTRAL ANGLE OF 125'00'00', A DISTANCE OF 1963.50 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF t 120.00 FEET: THENCE WESTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 37'57'24", A DISTANCE OF 741.97 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1458.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 28'32'36', A DISTANCE OF 726.34 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHEASTERLY ANC HAVING A RADIUS OF 1852.17 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 63'06'32", A DISTANCE OF 2040.09 FEET TO THE POINT OF TANGENCY; THENCE N.17'30'S3"W., 1211.33 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY ANO HAVING A • RADIUS OF 800.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAtO CURVE, THRU A CENTRAL ANGLE OF 28'57'18', A DISTANCE OF 404.29 FEET • TO A POINT ON SAID CURVE; THENCE DEPARTING SAID CURVE, RUN N.17'30'53"W., 800.66 FEET, MORE OR LESS TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD HIGHWAY 5U (C.R. 50); THENCE 5.46'23'03"E. ALONG SAID LINE, 565.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 618.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU a CENTRAL ANGLE OF 46'21'02', A DISTANCE OF 499.94 FEET TO THE POINT OF TANGENCY; THENCE N.87'15'S4"E., ALONG SAID RIGHT OF WAY LINE, 263.18 FEET; THENCE DEPARTING SAID RIGHT OF WAY UNE, RUN S.00'14'38'W., 415.86 FEET; THENCE N.89'S1'40"E., 375.28 FEET; THENCE S.84'S0'27"E., 83.37 FEET; THENCE 5.02'20'11"E., 197.90 FEET; THENCE 5.00'24'34"E. 462.27 FEET TO THE NORTH UNE OF AFORESAID SECTION 21; THENCE N.88'56'30"E., ALONG SAID NORTH LINE, 2093.54 FEET TO A MEANDERING MEAN HIGH WATER LINE OF CLARENCE LAKE; THENCE SOUTHEASTERLY ALONG SAID UNE THE FOLLOWING COURSES: S.77'49'13"E., 157.78 FEET; S.61'34'38"E., 153.67 FEET; S.52'18'20"E., 120.87 FEET; 5.73'51'03"E., 106.69 FEET TO A POINT ON THE EAST LINE OF AFORESAID SECTION 21; THENCE DEPARTING SAID MEANDER LINE, RUN 5.00'39'32"E., ALONG SAID EAST LINE OF SECTION 21, A DISTANCE OF 541.42 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 741.78 FEET; T1iENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTAL ANGLE OF 58'59'22", A DISTANCE OF 763.71 FEET (CHORD BEARING k DISTANCE OF S.44'S0'31'E., 730.42 FEET) TO THE ENO OF SAID CURVE; THENCE 5.15'34'07"E. 42.16 FEET; THENCE N.89'33'02"E., 2118.85 FEET TO THE EAST UNE OF THE NW t /a OF AFORESAID SECTION 22; THENCE 5.00'05'41 "w., ALONG SAID EAST ~,,~~'{~.1325.60 FEET TO THE NORTHEAST CORNER OF THE SW 1 /4 OF SAID SECTION 22, THENCE S.00'06'49"W., ALONG THE EAST LINE OF SAID SW 1~4, A DISTANCE OF 2179.41 FEET, THENCE DEPARTING SAID EAST UNE, RUN 5.44'13'06"E., 719.96 FEET; THENCE S89'36't8"E. 237.23 FEET; THENCE S.00'13'47"E., 1156.63 FEET MORE OR LESS, TO THE NORTH RIGHT OF war LINE OF STATE ROAD 50; THENCE N.89'45'04"W., ALONG SAID RIGHT OF WAY LINE. 2038.92 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, RUN N.00'02'14'W., 1269.56 FEET; THENCE N.89'45'04"W., 1269.56 FEET TO THE POINT OF BEGINNING. • CONTAINING 469.87 ACRES. MORE OR LESS.