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R-95-893 8 8 . GTY OF CLERMONT RESOLUTION No. 893 A RESOLUTION OF THE CI1Y COUNCIL OF THE CI1Y OF CLERMONT, LAKE COUN1Y, FLORIDA GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT CONSISTING OF SINGLE-FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, PROFESSIONAL OFFICE AND COMMERCIAL USES, LOCATED IN THE R-I-A URBAN RESIDENTIAL DISTRICT AND THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held December 5, 1995 recommended approval of this Conditional Use Permit for a Planned Unit Development consisting of single-family residential, multi-family residential, professional office and commercial uses, located in the R-1-A Urban Residential District and the C-2 General Commercial Business District at the following location: . LEGAL DESCRIPTION: That part of Tracts 56, 57 and 58 lying West of Highway No. 27, according to Lake Highlands Plat of Section 29, Township 22 South, Range 26 East. Also, begin at a point on the East line of Section 30, Township 22 South, Range 26 East, 900.8 feet South of the NE corner of Government Lot 4 of said Section 30 and run thence West to Minnehaha Shores; Back to P.D.R and run thence South to the SE corner of said Section 30 thence West along Section line to Minnehaha Shores; thence Northwesterly along the Easterly boundary of Minnehaha Shores to . intersect first described line (less that part East of West right-of-way of S.R. No. 27). Also, Tracts 8 and 9, and that part of Tracts 7 and 10 lying West of Highway No. 27, according to Lake Highlands Plat of Section 32, Township 22 South, Range 26 East. And, That part of Tract 41-B in Section 29, Township 22 South, Range 26 East, according to the Plat of the property of Lake Highlands Company lying west of U.S. Highway 27. LESS AND EXCEPT, all that property described as Lakeview Hills, Phase I, according to that plat thereof as recorded in Plat Book 24, Pages 41 and 42, Public Records of Lake County, Florida. AND LESS, Lakeview Hills Phase II, according to that plat thereof as recorded in Plat Book 27, Pages 26 and 27, Public Records of Lake County, Florida and Lakeview Hills Phase III, according to the Plat thereof as recorded in Plat Book 27, Pages 28 and 29 of the Public Records of Lake County, Florida. . 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: . . . 8 8 GTY OF CLERMONT RESOLUTION No. 893 Page - 2 - SECTION 1. This application for a Conditional Use Permit for a Planned Unit Development consisting of single-family residential, multi-family residential, professional office and commercial uses, located in the R-1-A Urban Residential District and the C-2 General Commercial Business District be granted subject to the following conditions: 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 or additions to the Planned Unit Development 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 and Dperation/Reclamation 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. All applicable rules and regulations for development within the City shall be met, including but not limited to, subdivision approval, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks except as otherwise specified. 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. 5. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with standard development requirements and Conditional Use Permit conditions. 6. Performance bonding shall be required for all infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and submitted by the Engineer of Record and approved by the City Engineer. The City shall then determine the bond amount in accordance with adopted City Code regulations. 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. . . . 8 8 GTY OF CLERMONT RESOLUTION No. 893 Page - 3 - 7. The residential portion of the Planned Unit Development shall be permitted to construct single family residential housing at a density of four (4) units per acre, and multi-family density at ten (10) units per acre in accordance with provisions of Comprehensive Plan UD-8 Future Land Use district designation. Single Family residential parcels shall be permitted at minimum 7,500 square feet of lot area and seventy-five (75) feet in minimum width. Single Family residential units shall have a minimum square footage of 1,250 square feet of living area. Multi-family development shall provide a minimum lot area of 3,500 square feet and thirty-five (35) feet in minimum lot width. 8. At the time of development of either the professional office area or commercial area north of Brogden Drive, the frontage road as shown on the conceptual plan shall be dedicated and constructed to City specifications. 9. Principal ingress and egress to all project properties shall be provided from interior roadways and the frontage road in order to facilitate the purpose and intent of the frontage/reverse frontage road concept and enhance measures for public safety and limited access management. Direct property ingress\egress from US 27 shall not be permitted. 10. 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. 11. This permit shall become null and void if substantial construction work has not begun within two (2) years 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. 12. A six (6) foot masonry wall (either stucco or brick) shall be constructed between any vehicular access areas associated with the professional office development and the developed residential lot west of the professional offices, all lying north of Brogden Drive. Section 2. Operation Plans (Excavation, Grading, and Reclamation) are to be outlined for site alteration in an attached manual and submitted by the applicant: . . . 8 8 GTY OF CLERMONT RESOLUTION No. 893 Page - 4 - 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. Density tests will be conducted at a maximum of 2 foot intervals at locations approved by the City Engineer in order to prove compaction requirements. All disturbed areas requiring such testing shall be compacted to 95% density of modified proctor. 3. Noise levels shall not exceed those recommended by F.D.E.R. 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 AM. 4. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Determination for selected ingress/ egress locations shall be determined prior to the commencement of any development activity for a specific use or area. 5. All excavated material shall be stored in a location approved by the City Engineer. 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 a combination of grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City and the U.S.D.A Soil Conservation Service. 7. In the event that overall site preparation is proposed to commence prior to actual structure construction for a specific, approved land use or area of this Conditional Use Permit, the permittee, heirs or assigns shall provide a complete reclamation plan for the land area being prepared. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 3) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The minimum reclamation plan shall address the following characteristics: . A B. . . 8 8 GTY OF CLERMONT RESOLUTION No. 893 Page - 5 - Objective - The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximate pre-construction surface water drainage characteristics without subsequent erosion. The final grading of the project site shall conform to the grades, lines, slopes and contours shown on the approved reclamation site plan (as required in Section 1, Item 3). Grading and stabilization - All areas disturbed during the land preparation operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 3) and the U.S.D.A., S.c.S. recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. The retention areas shall be regraded to the original dimensions and stabilized in accordance with plans approved by the City Engineer. c. Landscaping and reforestation - Within 30 days all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick growing grass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent grassing. All City of Clermont landscape and tree requirements shall be complied with. All reforestation operations shall provide a minimum density of 20 hardwood trees per acre. Acceptable tree species shall be in compliance with the City of Clermont Land Development Regulations. Conversely, tree species designated as undesi- rable by the City of Clermont Land Development Regulations shall not be acceptable. D. Reclamation time horizons - At the end of six months from the completion of the reclamation project, at least 80% of the reclaimed areas shall have permanently established ground cover. By the end of 1 year, ground cover shall be established on 100% of the reclaimed areas. Should erosion problems occur prior to final approvals by the City of Clermont, such eroded areas shall be regraded and stabilized as necessary to comply with the intent of this reclamation requirement. E. Structure and debris eradication - All debris, refuse, junk, poles, piling, cables and other related articles shall be removed from the project area as part of the reclamation process. Any structures erected during the development operation shall be dismantled and removed, unless approvals from the appropriate jurisdictional entity permits otherwise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. . . . 8 8 GTY OF CLERMONT RESOLUTION No. 893 Page - 6 - Section 3. General improvements for development of the site shall require the following: 1. Sidewalks and street lighting shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. Buffering, screening and placement of approved trees shall be required in accordance with adopted City Codes and in conformance with the approved site and landscaping plan approved by the City Site Review Committee. The Professional Office parcel shall specifically provide a twenty-five (25) feet wide vegetative buffer along the west property boundary. 3. All dumpster and other equipment sites shall be enclosed with masonry structures with wood gates, in accordance with requirements of the City of Clermont Land Development Regulations and plans approved by the City Site Review Committee. 4. All signage shall conform to adopted City Codes and Regulations. 5. Roadway improvement plans for US 27 and Brogden Drive, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal sign age for the frontage/reverse frontage road shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. Traffic analysis shall be accomplished and provided as specified in the City of Clermont Land Development Regulations. If signalization at US 27 and Brogden Drive is determined necessary pursuant to impacts of the development the total cost will be borne by the permittee/developer. Interior roadway design and improvement plans shall be submitted to and approved by the City of Clermont Site Review Committee. 6. Commercial display of commodities for sale shall be located within a completely enclosed building and. conform to City regulations for storage, screening, and locational criteria for placement adjacent to the tenant structure. Open air sales permits shall be submitted to and approved by the City Manager or City Council, whichever is applicable to the situational request. 8 8 . GTY OF CLERMONT RESOLUTION No. 893 Page - 7 - Section 4. A stormwater management plan, the following are required: 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 and other assumption & 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. 3. 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. . DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 12TH DAY OF DECEMBER, 1995. ATTEST: ~,~ J EPH E. V LE, ity Clerk .