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R-95-868 . . . . . 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. . . . 9. 8 . 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. r :/' . . . .~ .8 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 15. 16. 17. 18. 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. I . I .~ . 19. 20. 21. 22. 23. . .. ---"" -' CI7Y OF CLERMONJ' RESOLUTION No. 868 Page -4- 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. ~4~ ROBERT A POOL, Mayor -............ ATTEST: .