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R-98-0987• ~ • CITY OF CLERMONT RESOLUTION No. 987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT CONSISTING OF SINGLE FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, COMMERCIAL AND LIGHT INDUSTRIAL USES. 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 consisting of single family residential, multi-family residential, commercial and light industrial uses 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 consisting of single family residential, multi-family residential, commercial and light industrial uses be ganted subject to the following conditions: Section 1-General Conditions 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. • • • CITY OF CLF,XMONI' RESOLUTION No. 987 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. 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. Section 2 -Land Use The Skyview Planned Unit Development Master Development Plan, dated December 15, 1997 (Project No. 97335), prepared by American Civil Engineering Company, shall serve as the approved conceptual plan for future development with the exception of the following: Tract B-1 shall be amended to run along the eastern most boundary of the Tract designated as B in the above referenced Master Development Plan, and shall thence run west along the south boundary of Tract B to the west boundary of Tract B, thence north along the west boundary of Tract B to the southern boundary of Tract C. Tract B-1 being 150 feet in width. . The Planned Unit Development shall mean and include the following land uses as listed. • • CITY OF CLF,RMONT RESOLUTION No. 987 Page - 3 - MATRIX OF PERMITTED LAND USES LJ Permitted Uses Permitted for Defined Tracts within PUD Per LDC Listed Here RetaiVServices Business B, C Personal Service Establishment B, C Professional Offices B, B-1, C Recreation Facilities A, B Restaurants B City Buildings and Structures B, C Laundry -Retail B, C Doctor's Offices, Nursing Homes, ACLF, and Clinics* B, B-1 Nursery Schools and Child Centers B, B-1 • Veterinary Clinics** B Churches, Schools and Funeral Homes (except Crematoriums) B, B-1, C Multi-family Dwelling Units (rental) B, B-1 Residential Accessory Structures A, B, B-1 Utility Facilities A, B, B-1, C Stormwater Management A, B, B-1, C Townhomes B, B-1 Single Family Residences A, B, B-1 Home Occupations A, B, B-1 Light Manufacturing per LDC M-1 C Wholesale Warehousing/Enterprises C Vehicle Repair Shops C • May include ancillary retail sales of medical supplies and/or equipment as a subordinate, fractional component of the primary office operation. * * Excludes Kennels or Boarding except as approved by a C onditional Use Permit. Note: Buffering and screening of specific land uses proposed/permitted for parcel B-1 shall be as approved by the City Site Review Committee. Buffering and screening for all other parcels shall be provided in accordance with standards delineated in the City of Clermont Land Development Regulations. • • C17Y OF CLERMONT RESOLUTION No. 987 Page-4- U A - Single Family B = Mixed Uses including Single and Multi-family B-1 = Professional Office C = Industrial and all others A. Residential 1. Density and T,y~e of Residential Units The project shall be permitted to construct single family residential dwelling units at a density of four (4) units per acre, and multi-family residential units at twelve (12) units per acre, with a net density of eight (8) units per acre. Location of specific residential development shall be in accordance with the matrix provided above. 2. Lot Sizes and Setbacks • Single family construction shall be permitted on lots that are a minimum of 75' x 100' (7,500 sq.ft.) in accordance with standards specified in the City of Clermont Land Development Regulations. All development shall conform with standards specified in the City of Clermont R-1 Zoning District category. Multi-family residential and Townhouse construction shall be permitted in accordance with standards specified in the City of Clermont Land Development Regulations. All development shall conform with standards specified in the City of Clermont R-3 Zoning District category. Residential lots on the perimeter of the Planned Unit Development Project shall provide an additional 10' of lot depth to allow for greater separation between project land uses, buffering and to allow for practical site grading. 3. Building Height: The maximum building height shall be 35 feet for residential structures. Should the developer wish to exceed the 35' height standard, individual petitions on a site by site basis, shall be submitted to the City for applicable City Council review and consideration. • • • • CITY OF CLF,RMONT RESOLUTION No. 987 Page - 5 - 4. Parking Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. However, Derimeter parking that abuts a vegetative landscape buffer shall be permitted parking space size of 9' by 18'. The developer may submit other individual petitions, on a site by site basis, for a percentage of multi-family or town house residential spaces to be at a reduced size of 9' by 18'. Application shall be submitted to the City for applicable City Council review and consideration. B. commercial. Industrial and Professional Office Type and Location of Development The proposed development may develop commercial, industrial and professional land uses • consistent with the land use matrix provided above. All proposed development shall exclude "Adult" oriented forms of business or service. 2. Building Setbacks and Building Height All commercial, industrial and professional office buildings shall maintain a 25' setback from City and County rights-of--way, and 25' setback from residential properties. The maximum building height shall be 35 feet. However, Should the developer wish to exceed the 35' height standard, individual petitions on a site by site basis, shall be submitted to the City for applicable City Council review and consideration. ~n8 Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. However, perimeter parking that abuts a vegetative landscape buffer shall be permitted parking space size of 9' by 18'. The developer may submit other individual petitions, on a site by site basis, for a percentage of spaces to be at a reduced size of 9' by 18'. Application shall be submitted to the City for applicable City Council review and consideration. • • • • CITY OF CLF.RMONT RESOLUTION No. 987 Page-6- 4. Li in 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. C. Landscaping. Buffering, and Screening Each individual land use submission shall conform to the development standards established in the City of Clermont Land Development Regulations as well as the following: Any proposed land use differing from an existing or proposed adjoining land use, even when separated by a road, shall employ a 10' minimum width buffer. Such improvement shall be irrigated and landscaped with tress and shrubs to be approved by the City Site Review Committee. • 2. All non-residential parcels shall be separated from one another be a minimum 5' wide, irrigated, landscape buffer consisting of tress and shrubs as approved by the City Site Review Committee. 3. Local collector roads (East Jack's Lake Road & North Ridge Boulevard) shall provide a 10' minimum width buffer to be irrigated and landscaped with tress and shrubs as approved by the City Site Review Committee. 4. All non-residential parking and unloading vehicular use areas, and multi-family parking areas, shall be screened from the view of adjoining roads and residential properties by means of an irrigated buffer/landscape as approved by the City Site Review Committee. D. Recreation and Open Space The Developer shall meet minimum requirements for recreation and open space consistent with applicable land uses proposed and developed for the property. Provision for such amenities may take either the form of impact fees, payable at the time of building permit request, or public dedication of land and equipment uniform with level of service (LOS) standards adopted in the City Comprehensive Plan • ~J • CITY OF CLERMONT RESOLUTION No. 987 Page-7- Section 3 - Physical Site Develoament r: The applicant shall submit a detailed excavation, gading 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 gassing including fertilizer application on all disturbed areas where construction is not immediately intended. Said plan shall be provided in accordance with an approved Bound cover plan acceptable to the City in accordance with best management practices (BMP) of the U.S.D.A. Soil • Conservation Service. 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 migation 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 Beater than 3:1 shall be prohibited. 8. Ingess/egess to the site for construction shall be as approved by the City Site Review Committee. Section 4 - Transuortation 1. The Developer shall dedicate necessary additional right-of--way and construct transportation infrastructure items necessary for development of the project. The Developer shall meet the required roadway width and access management standards of the • • • U CITY OF CLERMON7' RESOLUTION No. 987 Page - 8 - City and Lake County consistent with jurisdictional roadway classifications as it relates to identified jurisdictional facilities. The City of Clermont shall retain final approval authority for all improvements to be constructed. 2. Development and/or aggregate construction of land uses for the project which are anticipated to generate five hundred (500) or more trips during peak hour of use shall be required to submit 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. 3. Overall roadway and intersection improvements to SR 50, "old" SR 50, US Highway 27, • East Jack's Lake Road, North Ridge Boulevard, Mohawk Road and other facilities identified through the City Site Review process shall be provided consistent with approved impact mitigation measures delineated in Final Site Plan Approval. Construction of the extensions to East Jack's Lake Road and North Ridge Boulevard shall be provided at the initial stage of project development. 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. 4. 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 acceUdecel lanes, turn lanes, tapers, signalization, signage, widening and resurfacing of the impacted roadway. In order to provide neighborhood continuity, all residential areas shall access internally to recreational, commercial, professional office, and other public areas through design and implementation of road networks, pedestrian ways and/or bicycle paths. 6. Transportation access to non-residential portions of the project shall be prohibited to occur through residential constructed areas of the development and adjacent subdivisions. • • • CITY OF CLERMON7' RESOLUTION No. 987 Page-9- 7. Single family units shall not front on, or be permitted direct access to, local collector streets including but not limited to East Jack's Lake Road, North Ridge Boulevard or Mohawk Road. Design and construction of the project shall include the use of shared access for multi-family and non-residential properties in order to limit the number and location of access drives to local collectors. Cross parking/cross access agreements shall be the instrument utilized to provide access between neighboring multi-family and non- residential properties. 8. All signage shall conform to adopted City Codes and Standards. Section S -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. 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. Section 6 - Stormwater Management Plan Requirements 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. • 4. Final disposition of stormwater outfall shall be as approved by the City Engineer. • CITY OF CLF.RMON7' RESOLUTION No. 987 Page - 10 - The individual developer ofnon-residential properties, or duly authorized and sanctioned Home Owners Association of residential developed property, shall be the entity responsible for the construction/maintenance of the stormwater 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. `- G-G ROBERT A. POOL, Mayor ATTEST: J EPH E. VAN E, Ci Clerk • • • • ', Attachment "A" Resolution No. 987 DESCRIPTION THAT PART OF THE SE 1/4 OF THE NE 1/4 OF THE NW 1/4 AND THE PART OF THE NE 1/4, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, LYING NORTHERLY OF NORTH RIDGE BOULEVARD AND WESTERLY OF THE FOLLOWING DESCRIBED RIGHT OF WAY: A TRACT OF LAND LYING 40.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LOCATED IN SECTION 20 AND 21, TOWNSHIP 22 SOUTH, RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 20, FOR A POINT OF REFERENCE; THENCE RUN SOUTH 89°00'51" EAST A DISTANCE OF 2,639.11 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 20, (A 4" X 4" CONCRETE MONUMENT); THENCE CONTINUE SOUTH 89°00'51" EAST A DISTANCE OF 18.85 FEET TO A POINT OF CURVATURE, SAID CURVE BEING CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 1,500.00 FEET, THENCE RUN SOUTHEASTERLY 663.82 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A CENTRAL ANGLE OF 25°21'21", A TANGENT DISTANCE OF 337.43 FEET, A CHORD DISTANCE OF 658.41 FEET AND A CHORD BEARING OF SOUTH 76°20'10" EAST, TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERLY BOUNDARY OF BENNETT HEIGHTS, AS RECORDED IN PLAT BOOK 8, PAGE 91, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; 1) THENCE CONTINUE SOUTHEASTERLY 66.56 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A CENTRAL ANGLE OF 2°32'33", A TANGENT DISTANCE OF 33.29 FEET, A CHORD DISTANCE 66.55 FEET AND A CHORD BEARING OF SOUTH 62°23'13" EAST, TO A POINT OF TANGENCY; 2) THENCE RUN SOUTH 61°06'57" EAST A DISTANCE OF 541.29 FEET TO A POINT OF CURVATURE, SAID CURVE BEING CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000.00 FEET; 3) THENCE RUN SOUTHEASTERLY 1,078.24 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A CENTRAL ANGLE OF 61°46'42", A TANGENT DISTANCE OF 598.23 FEET, A CHORD DISTANCE OF 1,026.76 FEET AND A CHORD BEARING OF SOUTH 30°13'36" EAST, TO A POINT OF,.rTANGENCY; 4) THENCE RUN SOUTH 00° 39'45" WEST A DISTANCE OF 2,~~'.35 FEET TO A POINT OF CURVATURE, SAID CURVE BEING CONCAVE EASTERLY-~~iq~TH A RADIUS OF 575.00 FEET; 5 ) THENCE RUN SOUTHEASTERLY 665.36 FEAT ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A CENTRAL ANGLE OF 66°18'00", A TANGENT DISTANCE. OF 375.55 FEET, A CHORD DISTAN~,.OF 628.86 FEET AND A CHORD BEARING OF SOUTH 32°29'15" EAST TO A POINT OF TANGENCY; 6) THENCE RUN SOUTH 65° 38'15" EAST A DISTANCE OF 244.55 FEET TO A POINT OF CURVATURE, SAID CURVE BEING CONCAVE WESTERLY WITH A RADIUS OF 575.00 FEET; 7) THENCE RUN SOUTHEASTERLY 662.89 FEET'~LONG THE ARC OF SAID CURVE, SAID ARC HAVING A CENTRAL ANGLE OF 6~i°0'14", A TANGENT DISTANCE OF 373.79 FEET, A CHORD DISTANCE OF 626.79 FEET AND A CHORD BEARING OF SOUTH 32°36'38" EAST TO A P03d1T OF TANGENCY AND THE WEST 1/4 CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 26 EAST, AND THE POINT OF ` TERMINATION. ALSO: TRACTS 7, 10 AND 11, LAKE HIGHLANDS COMPANY, SECTION 20, -TOWNSHIP 22 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 30, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. • ~ LESS AND EXCEPT, BENNETT HEIGHTS AS RECORDED IN PLAT BOOK 8, PAGE 91, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.