R-03-1356•
CITY OF CLERMONT
RESOLUTION
NO. 1356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW THE CONSTRUCTION OF A RESIDENTIAL SUBDIVISION.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held November 4, 2003 approved this Conditional Use Permit for a Planned Unit
Development (PUD) to allow the construction of a residential subdivision, at the following location:
LOCATION
East of Hancock Road and the Somerset subdivision.
See Exhibit "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: This application for a Conditional Use Permit for a Planned Unit Development (PUD) to allow
the construction of a residential subdivision; be granted subject to the following conditions:
• 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 successors in title or interest.
2. Upon approval of this resolution, the property shall only be used for the purposes described
herein. No expansion of the use(s) or any additional uses shall be permitted except as approved by
another Conditional Use Permit.
3. The property shall be developed in substantial accordance with a master site plan as shown in
Exhibit "B", incorporating all conditions of this Conditional Use Permit.
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 from the City and other applicable jurisdictional entities.
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.
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CITY OF CLERMONT
RESOLUTION
NO. 1356
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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, shall include any
future amendments to the Statutes, Code, Regulations and or Plan.
7. A Certificate of Occupancy shall not be issued until each of the stated conditions has been met.
8. 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 as prescribed in the City Code.
9. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90
days of the date of grant by the City Council or the permit shall become null and void.
10. This permit shall become null and void if substantial construction work has not begun within two
(2) years of the date this Conditional Use Permit is executed and signed by the permittee. "Substantial
construction work" means the commencement and continuous prosecution of construction of required
improvements ultimately finalized at completion.
11. The subject property shall be an independent development and shall not become part of the
• Kings Ridge development as an addition or extension of the Kings Ridge Community Association
Incorporated.
Section 2 -Land Use
The parcel shall be developed as a residential Planned Unit Development. The community shall be owner
occupied and age restricted. The project shall be developed in accordance with the UD-7 land use
district.
1. Number and Type of Residential Units -Single family residential dwelling unit density shall not
exceed 3 dwelling units per useable acre. A maximum density of six (6) dwelling units per acre may be
designed provided the overall density of the project does not exceed 3 dwelling units per usable acre.
All land used to calculate density must be useable land. Floodplains, wetlands, natural bodies of water,
and power line easements are not useable land for density calculations.
2. Lot Sizes -Residential construction shall be permitted on lots that are a minimum of 50' x 100'
(5,000 square feet); however, cul-de-sac or unique configured corner lots may be permitted less than 50'
frontage as long as the lot meets the 50' required width at the building setback line and meets the
minimum square footage.
Within the gated community residential attached construction shall be permitted on lots that are a
minimum of 20' x 100' (2,000 square feet). Setbacks shall be as provided in Exhibit "B".
3. Structure Setbacks -Minimum setbacks shall be twenty (20') feet for front yards, fifteen (15') feet
for rear yards for the principal dwelling unit, and a ten (10') foot separation between buildings.
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CITY OF CLERMONT
RESOLUTION
NO. 1356
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Accessory structures such as pools, decks and screened enclosures shall be constructed a minimum of
five (5') feet from the rear yard property line.
4. Impervious Surfaces Limitations - A maximum impervious surface ratio shall not be calculated on
individual lots for permitting purposes.
5. Total Open Space - A minimum of 45% of the useable land shall be open space. This may
include common open space (including trails), yards, landscape buffers and power line easements.
Floodplain areas, wetland areas, natural water bodies, rights-of-way, and dry water retention areas shall
not be calculated as open space or common space.
6. Common Open Space - A minimum of 50 acres of land shall be designated as Common Open
Space. Common Open Space shall be defined as land set aside, dedicated, designated or reserved for
public use or the use of owners and occupants of the development. Common Open Space included parks
and recreation areas. It does not include the perimeter landscape buffer described in Section 7,
Condition #3.
7. A clubhouse and recreation facilities will be provided for the benefit of the owners of property
• within the PUD.
8. In order to provide neighborhood continuity, all residential areas shall access internally to
recreational and other passive public areas through design and implementation of pedestrian ways and
bicycle paths.
9. The project shall have an on-site sales and model center.
Section 3 -Physical Site Development and Environmental Issues
1. A dust abatement, soil erosion, and ground stabilization plan shall be submitted to the City
detailing measures to be taken to eliminate the migration of dust particles and soil erosion. All disturbed
areas that are not to be developed within 30 days after grading is completed shall be seeded and
mulched or sodded unless an alternative plan is submitted to and approved by the City.
2. Any and all areas of the parcel shall be in compliance by June 4, 2004 with the agreement with
Lake County titled "Developer's Agreement for Reclamation Activities Related to the Center Lake Sand
Mine" dated December 17, 2002. The permittee agrees to execute a document that allows the City to
enforce all terms and conditions of the development agreement with Lake County following the
annexation of property described in Exhibit "A".
3. Parcels shall be developed with maximum slopes limited to 3:1 with the exception of Parcel I
where special design features such as overlook plazas may be provided, here slopes of 2:1 may be
allowed with review and approval by the City Engineer.
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CITY OF CLERMONT
RESOLUTION
NO. 1356
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4. Stormwater Management: A comprehensive stormwater management system will be provided
consistent with all regulatory requirements of the City and the Water Management District.
5. Due to extreme grades existing on the site from the former sand mining operation, previously
disturbed areas of the project will be exempt from Code limitations regarding the extent of grade changes
allowed. Initial reclamation and grading is exempt from City Code, however, after the initial grading has
been completed future grading will conform to the City's grading code.
Section 4 - DRI Development Order Issues and Impact Mitigation
1. Prior to obtaining a preliminary plat of the property, the owner shall comply with the requirements
of Chapter 380.06, Florida Statutes, which governs Developments of Regional Impact. If the property is
governed by the provisions of Chapter 380.06, F.S. and proceeds through the Development of Regional
Impact process, then the terms and conditions of this permit may be modified so as to conform to the
terms and conditions of the development order issued by the City.
• Section 5 -Utilities
1. The project shall be plumbed for reclaimed water use. In order to prevent potential cross
connection of potable water supply and reuse water lines, all reuse lines shall be installed in purple
colored pipe. Irrigation water shall be supplied by a private irrigation well and system permitted and
constructed by the owner to serve the residents and common areas until reuse water is available. The
City shall operate and maintain the well and distribution mains up to and including the irrigation meters.
2. A 100 ft. by 100 ft. well site shall be dedicated to the City. The location of which to be determined
by the City Engineer.
The City will provide water and wastewater services for the project described in the PUD.
4. The permittee will be responsible for extending utility lines to the project.
5. The permittee shall not place more than thirty-six (36) inches of overburden on utility lines.
Where landscape may be located over such line, the City shall receive indemnification in the event of
necessary operation and/or maintenance of the utility. Repair and/or replacement of landscape shall be
the responsibility of the permittee.
Section 6 -Transportation Improvements
1. The permittee shall dedicate right-of-way necessary for the proposed realignment of Hartwood
Marsh Road as determined by Lake County. In the event development of the project reached a stage
where access from Hartwood Marsh Road is necessary and the planned improvements to Hartwood
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CITY OF CLERMONT
RESOLUTION
NO. 1356
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Marsh Road have not been made, there may be a requirement for improvements to the existing roadway
such as turn lanes. The Developer shall dedicate right-of-way of eighty (80) feet in width for the
extension of Hartle Road through the property so as to connect with Hartwood Marsh Road.
2. The Developer shall meet the required access management standards of Lake County and the
Florida Department of Transportation (FDOT) consistent with jurisdictional roadway classifications as it
relates to identified jurisdictional facilities.
3. To provide safe access and preserve operational capacity, the developer shall fund on-site and
immediate area improvements consistent with impacts of the specific access being requested (Immediate
improvements necessitated by construction of ingress/egress roadways to the project shall be provided
consistent with the impact of the facility constructed.) The City of Clermont and Lake County shall jointly
review and determine approval of access facilities. Plans and specifications for any proposed access
shall be provided for review, evaluation and approval prior to physical construction. Such improvements
may include, but not be limited to acceleration lanes, deceleration lanes, turn lanes, tapers, signalization,
and signage, widening, and resurfacing of the impacted roadway consistent with the specific land
utilization for the access being requested.
• 4. If in the future it is determined by the City that a signal is warranted at the intersection of Hancock
Road and Kings Ridge Blvd., the permittee shall pay a pro rata share of the cost of engineering,
equipment and installation of the signal.
5. A sidewalk shall be provided along Hartwood Marsh Road the length of the subject property
unless Lake County constructs a trail in lieu of the sidewalk.
6. In order to provide neighborhood continuity, all residential areas shall access internally to
recreational and other passive public areas through design and implementation of road networks,
pedestrian ways and bicycle paths. Main roads through the project shall have cart paths on both sides of
the road and have a six (6) ft. wide sidewalk on one side of the roadway. A sidewalk will be required on
both sides of the roadway where Parcels are not served by community walking trails. Neighborhood roads
will have a cart path on one side of the road and will not be required to have sidewalks.
7. The roads within the Planned Unit Development shall be private and the roads shall be owned
and maintained by a duly appointed and authorized Homeowners Association.
8. The roadway surface may be designed and constructed in two 3/< inch lifts of asphalt for a total of
1 '/z inch asphalt surface.
9. "F" type vertical curbs are to be provided throughout the community.
10. Ingress and egress to the site for construction shall be as approved by the City Site Review
Committee.
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CITY OF CLERMONT
RESOLUTION
NO. 1356
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11. A second entrance to the development will be required prior to the issuance of a certificate of
occupancy for unit number 301 and a connection will be made to Hartle Road prior to the development of
Parcels D and H if Hartle Road is constructed.
Section 7 - Landscapin
1. The project shall be landscaped in accordance with the City landscape ordinance with the
exception that required trees shall be three inches caliper in size.
2. Landscape buffers along rights-of-way shall be constructed per code. Walls or fences shall be
located on inside perimeter of the buffers and the landscape material shall be planted on the outside of
the wall or fence. Chain link and vinyl or plastic fencing will not be allowed along public rights-of-way.
3. A minimum 20 ft. wide perimeter landscape buffer shall be provided between abutting property
boundaries. The buffer shall be landscaped and irrigated according to code.
4. All signage shall be constructed according to the current City Sign Code
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 25th DAY OF NOVEMBER 2003.
rold urville, Mayor
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Attest
;. y ~
Tracy Ackroyd, City~k
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