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R-2011-22 CITY OF CLERMONT RESOLUTION NO. 2011-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RETIREMENT RESIDENCE ' FACILITY , WITHIN AN R -3 -A RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 1, 2011 recommended for approval of this Conditional Use Permit to allow a retirement residence facility within , an R -3 -A Residential/Professional Zoning District; at the following location: LOCATION: West of US 27 and south of Hammock Ridge Road 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 to allow a retirement residence facility within an R -3 -A Residential /Professional Zoning District, subject to the following conditions: CONDITIONAL USE PERMIT 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 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 project without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and those of other appropriate jurisdictional entities. 3. No business can occupy any portion of the building unless the proposed business has applied for and obtained a Local Business Tax Receipt from the Planning and Zoning Department. 4. 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. 1 CITY OF CLERMONT RESOLUTION NO. 2011-22 5. The Conditional Use Permit must be executed and processed through the Office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 6. The Applicant shall record in the Public Records of Lake County within 90 days of its date of approval by the City Council, a short-form version of this Conditional Use Permit as provided by the City or a form acceptable to the City, to provide notice to all interested parties, the assigns, successors and heirs of the developer /applicant and all future owners of the above- referenced property that the real property described above is subject to the terms and conditions of the Conditional Use Permit. 7. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date the Conditional Use Permit is executed and signed by the appropriate parties. Substantial construction work means the commencement and continuous construction of required improvements ultimately finalized at completion. 8. The Applicant shall be required to submit a formal site plan for review and approval by the City staff. The project shall be designed in substantial accordance with the plan presented at the preliminary site review meetings and public hearings with the exception of modifications necessary to comply with final Conditional Use Permit conditions. 9. The structure shall be inspected by the Fire Marshall for life safety requirements. All requirements must be met prior to any Certificate of,Occupancy being issued. 10. The structure shall be inspected by the City Building Inspector and all building code violations must be corrected prior to a Certificate of Occupancy being issued. 11. Meals and a common dining room shall be utilized for the 124 suites. The suites shall not be designed or utilized for meal preparation. Section 2 — Land Use 1. Permitted uses shall include a 124 — suite Retirement Residence facility for seniors. Section 3 - Transportation Improvements: The developer shall provide the following transportation improvements: 1. Access to U.S. Highway 27 and Hammock Ridge Road shall be utilized and provided for with an internal driveway to each through the adjoining property (Church of God - Celebration of Praise) through a cross access agreement that shall be legally binding upon any heirs, assigns and successors 'in title or interest. 2. Deliveries and pickups shall be limited to between the hours of 8:00 A.M. and 6:00 P.M. 3. Signs directing exiting traffic to use Hammock Ridge Road shall be placed at each exit. 2 CITY OF CLERMONT RESOLUTION NO. 2011-22 1 4. A Transportation Impact Study shall be• required to address the Level of Service (LOS) for the area, including any connection to U.S. Highway 27 and Hammock Ridge Road as needed per Code or policy. Review shall be by the Lake - Sumter Metropolitan Planning Organization. f Section 4 - Architectural Design: All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be allowed: 1. All fencing within public view shall be ornamental metal or brick, as approved by the City's Site Review Committee. Chain link fencing shall be prohibited. 2. Direct exposed view neon tubing and scrolling text message boards are prohibited. Neon tubing shall not be utilized for building trim or accent areas. 3. Off site signage shall require a variance in accordance'with the Land Development Code. All other signage shall comply with applicable codes. i 1 3 CITY OF CLERMONT RESOLUTION NO. 2011-22 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 29th day of November, 2011. CITY OF CLERMONT — Turville, Jr., Ma or ATTEST: Tracy Ac" oyd, City Cl: Approved as to form and legality: Dame . an -