R-92-776
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CITY OF CLERMONT
RESOLUTION
No. 776
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED
UNIT DEVELOPMENT FOR A MULTI-USE PROJECT TO CONSIST OF SINGLE
FAMILY, MULTI-FAMILY AND COMMERCIAL LOTS LOCATED IN THE R-3
RESIDENTIAL/PROFESSIONAL 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 November 3,
1992, recommended approval of the Conditional Use Permit for a
Planned Unit Development for a multi-use project to consist of
single family, mUlti-family and commercial lots located in the
R-3 Residential/Professional Office District and the C-2 General
Commercial Business District at the following location:
LEGAL DESCRIPTION: That part of Tracts 51, 52, 61 and 62 of Lake
Highlands Company in section 18, Township 22 south, Range 26
east, lying south of the south right-of-way line of Division
Street, north of the north right-of-way line of Grand Highway,
east of the east right-of-way line of Galena Avenue and west of
the westerly right-of-way line of U.s. Highway 27
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:
The application for a Conditional Use Permit for a Planned
Unit Development for a multi-use project to consist of single
family, mUlti-family and commercial lots located in the R-3
Residential/ Professional Office 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
successors in title or interest.
2. No further expansion of the use or additions to this PUD
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 operation/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.
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CITY OF CLERMONT
RESOLUTION
No. 776
4. All applicable rules and regulations for development within
the City shall be met, including but not limited to, final
site plan approval, landscaping, drainage, parking and sign
regulations, and all yard setbacks. All required
landscaping must be served with a permanent irrigation
system and 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. These areas shall be properly
maintained.
5. 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.
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 is responsible for the cost of all required on-
site and off-site infrastructure improvements necessitated
by impacts of the project.
7. The residential portion of the Planned Unit Development
shall be permitted to construct housing at a net density of
four (4) units per acre in accordance with provisions of
Comprehensive Plan UD-4 Future Land Use district
designation.
8. In the event that construction has not began within eleven
(11) months from the date of the approval of this
Conditional Use Permit the permittee, heirs or assigns shall
provide complete reclamation of the site. 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. 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) .
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RESOLUTION
No. 776
B. Grading and stabilization - All areas disturbed during
the construction 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 of the
expiration of the Conditional Use Permit, all disturbed
areas of the subject site shall be seeded and mulched,
or sodded, as required. The site shall be returned to
existing conditions that are conducive to future
development and compatible with adjacent land uses and
conditions.
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 one 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 construction
related articles shall be removed from the project area
as part of the reclamation process. Any construction
related structures erected during the development
operation shall be dismantled and removed, unless
approvals from the appropriate authorities permit
otherwise. In general, the area shall be returned to
natural conditions that are conducive to future
development and compatible with the surrounding
topography.
9. The permittee shall dedicate a ten (10) foot right-of-way
along Grand Highway, the length of the subject property, to
provide compliance with directions of the Comprehensive Plan
for collector road implementation standards.
10. The permittee shall provide roadway extensions and
associated infrastructure improvements for both Bloxam
Avenue and Division street in accordance with plans and
specifications approved by the site Review Committee and
City Engineer. It is recognized that grades may exceed
eight percent (8%), as required by the Subdivision Code, due
to the existing topography.
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CITY OF CLERMONT
RESOLUTION
No. 776
11. The permittee shall dedicate a fifty (50) foot wide right-
of-way for a combination frontage/reverse frontage road in
conformance with Transportation Access Management directives
of the Comprehensive Plan.
12. The permittee shall complete installation of all necessary
infrastructure improvements for the combination
frontage/reverse frontage road in accordance with design,
specifications and plans approved by the site Review
Committee and City Engineer.
13. Ingress and Egress to all commercial properties shall be
provided from 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.
14. 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.
15. This permit shall become null and void if platting and
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
Operation Plans (Excavation, Grading, and Reclamation) are
to be outlined for site alteration in an attached manual and
submitted by the applicant:
1. The applicant shall submit a detailed excavation, grading
and erosion control plan for the entire 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 A.M.
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RESOLUTION
No. 776
4. Ingress/egress to the site for construction shall be from
Grand Highway west of u.s. 27. No ingress or egress of
machinery or trucks shall be allowed from u.s. 27.
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. The
bottom of the WRA shall be hydo-seeded with grasses
appropriate for the season of the year that planting occurs.
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. Seed and mulch or sod as required, all disturbed areas.
Restore the site to existing conditions that are conducive
to future development and compatible with adjacent land uses
and conditions. All lot improvements, including buffers and
irrigation, to be provided by the future lot owner, subject
to site plan approval by the site Review Committee and the
City Engineer.
Section 3
General improvements for development of the site shall
require the following:
1. Sidewalks shall be required along all road frontages in
accordance with adopted FDOT and City Codes and shall be
installed at the time of individual lot development.
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.
3. All dumpster and other equipment sites shall be enclosed
with masonry structures in accordance with plans approved by
the City site Review Committee.
4. All signage shall conform to adopted City Codes and
Regulations. Off site signage shall be disallowed.
5. Roadway improvement plans for u.s. Highway 27, Grand
Highway, Bloxam Avenue and Division street, including but
not limited to, access drives, accel/decel lanes, turn
lanes, traffic signalization devices, and internal signage
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. If signalization is determined necessary pursuant
to impacts of the development the total cost will be borne
by the permittee/developer.
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CITY OF CLERMONT
RESOLUTION
No. 776
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, unless an
open air sales permit has been received and approved by the
City Manager.
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 must 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.
section 5
Additional conditions:
1. Developer shall intercept and treat existing FDOT drainage
from Highway 27 and drainage from Hillside Drive subject to
FDOT and st. Johns River Water Management District
approvals.
2. Developer shall provide sewer service to that portion of the
development located in the City of Minneola upon approval of
the City of Minneola. (Note: It is understood that due to
the elevations some of the lower lying lots may not be able
to be served with the proposed gravity line.)
3. Single family lots fronting on Grand Highway shall have
either circular drives, turn arounds or some other method of
allowing cars to leave the property in a forward manner,
rather than backing onto Grand Highway.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 24th DAY OF
November
, 1992.
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ATTEST: ----: ~
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Clerk
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