R-95-868
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CI7Y OF CLERMONJ'
RESOLUTION
No. 868
A RESOLUTION OF THE CI'IY COUNCIL OF THE CI1Y OF CLERMONT, LAKE
COUN'IY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION OF AN ADULT INDEPENDENT LIVING FACILI'IY (AILF),
LOCATED IN THE R-I-A URBAN RESIDENTIAL DISTRICT, R-2 MEDIUM DENSI'IY
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 June 6, 1995, recommended approval of the,
Conditional Use Permit to allow the construction of an Adult Independent Living Facility
(AILF), located in the R-1-A Urban Residential District, R-2 Medium Density
Residential District and C-2 General Commercial Business District at the following
location:
Lots 330, 331, 332, 341 and 342 of Clermont Heights Subdivision, Lot 6 of
Forty Pines Subdivision and the east 30 feet of closed Strickland Street.
The City Council deems it advisable in the interest of the general welfare of the City of
Clermont, Lake County, Florida to grant the Conditional Use Permit;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Lake County, Florida that:
SECTION 1.
The application for a Conditional Use Permit to allow the construction of an Adult
Independent Living Facility (AILF), located in the R-1-A Urban Residential District, R-2
Medium Density Residential District and the C-2 General Commercial Business District
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/or successors in title or interest.
2.
The property shall be developed in substantial accordance with an approved site
plan incoliporating 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 any development permit.
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CI7Y OF CLERMONJ'
RESOLUTION
No. 868
Page -2-
3.
No further expansion of the use or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
4.
All applicable rules and regulations shall be met, including but not limited to,
final site plan approval, landscaping, drainage, parking and sign regulations, and
all yard setbacks.
5.
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.
6.
This permit shall become null and void if substantial work has not begun within
one (1) year from the date of grant by the City Council for this Conditional Use
Permit. "Substantial Construction Work" shall mean the commencement and
continuous prosection of construction of required improvements and facilities
ultimately finalized at completion.
Section 2 - Site Desii!n and General ImDrovements
7.
Buffering and screening shall be provided from all abutting uses in accordance
with adopted City Codes. A stucco or brick wall shall be located around the
property as indicated on the preliminary site plan. A five (5) foot wide landscape
buffer shall be located on the exterior side of the wall with trees spaced at no less
than fifty (50) feet intervals along Minnehaha Avenue, and seventy-five (75) feet
along adjacent property boundaries. Shrubbery shall be located in accordance
with City landscape regulations.
8.
All required landscaping shall be served with a low volume, permanent irrigation
system including City approved and State mandated back-flow prevention device
and rain sensor gauge. All landscape areas shall be properly maintained in
accordance with adopted City regulation.
All dumpster and other equipment sites shall be enclosed with masonry structures
in accordance with plans approved by the Site Review Committee. Dumpster
enclosures shall include use of wooden doors in accordance with adopted City
Code.
10.
A site lighting plan shall be submitted and approved by the City Site Review
Committee. Said plan shall ensure all lighting is directed upon the site and does
not adversely impact abutting properties.
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CITY OF CLERMONT
RESOLUTION
No. 868
Page -3-
11.
Architectural finish and traffic flow design plans for the facility shall be submitted
and approved to ensure aesthetic and public safety considerations are not
adversely impacted. Delivery and Service oriented traffic shall be required to
utilize Magnolia Street for routine business ingress/ egress.
12.
Sidewalks shall be required along all road frontages in accordance with adopted
City Codes. Off-site sidewalk shall be required along one side of Magnolia
Avenue.
13.
All signage shall conform to adopted City Codes and Regulations.
14.
The permittee/developer shall provide a minimum of 44 parking spaces for the
Adult Independent Living Facility (AILF) center; all spaces shall be designed and
built in conformance with adopted City Codes and Regulations.
Section 3 - Construction Parameters. Infrastructure. and Stormwater Mana2ement
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Ingress/egress to the site for construction shall be from Magnolia Avenue. No
ingress or egress of machinery or trucks shall be allowed from Minnehaha Avenue.
Noise levels during construction shall not exceed those recommended by the
Florida Department of Environmental Protection (FDEP). Construction
operations shall be limited to the hours of 7:00 A.M. to 7:00 P.M., Monday
through Saturday only. Heavy machinery engines will not be started earlier than
7:00 AM., nor shall preparatory maintenance for construction equipment which
causes offensive noise levels be permitted prior to the specified hour.
The permittee shall be responsible for pro rata share costs of all infrastructure
improvements (transportation, potable water, waste water and stormwater)
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 prior to initiation of
any development activity.
Any excavated or stockpiled material shall be stored in a location approved by the
City Engineer. Tree protection standards of the City shall be utilized where
applicable.
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CI7Y OF CLERMONJ'
RESOLUTION
No. 868
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A St. John's River Water Management District stormwater permit shall be
required and filed with the City prior to commencement of any development
activity on the site.
The drainage and stormwater retention requirements of the City and the
appropriate regulatory agencies shall be met and formally approved by the City
Engineer. These areas shall be properly maintained in accordance with adopted
City Code.
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.
Permeability tests for stormwater retention areas must be submitted as part of the
site plan review process. Permeability shall be maintained.
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.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 27th DAY OF JUNE 1995.
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ROBERT A POOL, Mayor -............
ATTEST:
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