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R-2012-28 CITY OF CLERMONT RESOLUTION NO.2012-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT AMENDMENT (RESOLUTION NO. 1508 FOR A CHURCH FACILITY) TO ALLOW FOR ADDITIONAL BUILDINGS OVER 20,000 SQUARE FEET AND TO ALLOW FOR A RECREATION FACILITY/AREA. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 7, 2012 recommended for approval of this Conditional Use Permit amendment(Resolution# 1508 for a church facility) to allow for additional buildings over 20,000 square feet and to allow for a recreation facility/area; at the following location: LOCATION: 1501 Steve's 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 amendment (Resolution # 1508 for a church facility) to allow for additional buildings over 20,000 square feet and to allow for a recreation facility/area; be granted 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 further expansion of the use or additions to the facility shall be permitted except as approved by the Site Review Committee. An amendment to the Conditional Use Permit may be required. 3. The Conditional Use Permit must be executed and processed through the office of the City Clerk within 90 days of its date of approval by the City Council or the permit shall become null and void. 1 CITY OF CLERMONT RESOLUTION NO. 2012-28 4. 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. 5. 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. 6. 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. 7. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 8. 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 show location of all proposed buildings, structures, picnic areas, and outdoor recreation areas as indicated in the Conditional Use Application. 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. 9. 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 low volume, permanent irrigation system that must be properly maintained. The drainage and storm water retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. 10. 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. 11. This permit shall become null and void if substantial construction work has not begun within three (3) years 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. 12. Operation of the ball fields (as specified in the City of Clermont Resolution No. 2010-24) will be between the hours of 8AM-9PM Mon - Thu, 8AM-10PM Fri - Sat and lOAM- 9PM Sun. Conditions in Resolution 2010-24 pertaining to parcel C 1 shall remain effective(Exhibit B.) 2 CITY OF CLERMONT RESOLUTION NO. 2012-28 13. The property may be used as the Real Life Family Christian Church facility with educational programs including pre-school through 12`h grade and recreational sports field area. The site shall be developed in substantial accordance with the site plan designed by Denham Engineering, LLC dated 6-28-12 (Exhibit A.) Section 2 - Physical Site Development 1. The applicant shall submit a detailed excavation, grading and erosion control plan for the site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 2. Noise levels during construction shall not exceed those recommended by the Florida Department of Environmental Protection. Any 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. on any approved work day. 3. Any excavated material shall be stored in a location approved by the City Engineer. 4. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 5. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas. Grassing shall be provided in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 6. In areas where earth work requires filling/compaction, density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95%density of modified proctor. 7. Any areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such as water retention areas, shall be sodded. Slopes greater than 3:1 shall be prohibited. 8. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 9. The developer/permittee shall be responsible for the cost of all required on-site and off- site infrastructure improvements necessitated by impacts of the project. Connection to available City potable water and sanitary sewer shall be the responsibility of the permittee. 3 CITY OF CLERMONT RESOLUTION NO. 2012-28 Section 3-Transportation Improvements 1. The permittee/developer shall construct a sidewalk adjacent to Steve's Road in accordance with adopted City Code Standards. The required sidewalk shall be provided within one (1) year after the completion the Steve's Road project. Said sidewalk shall be constructed at a length and location as approved by the City Site Review Committee. 3 2. The permittee/developer shall provide off-street parking and loading spaces in the following manner: (a) The initial church facility shall construct sixty (60) parking spaces of impervious material as required by City Code. (b) 260 spaces may be proved as grass parking area. All grass parking areas shall be maintained and be provided with concrete bumper stops for proper parking space delineation. (c) All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 3. Roadway improvement plans for Steve's Road and the project site, including but not limited to, access drives, accel/decel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee. All transportation improvement related plans shall be submitted and approved prior to commencement of any development activity for any portion of the project. Project specific on-site/off-site transportation improvements consistent with identified project impacts will be the sole responsibility of the developer. 4. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Section 4- Stormwater Management 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, assumptions and calculations shall be provided to, 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 development permit or any development activity on the site. 4. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in accordance with adopted City Code. 5. Final disposition of stormwater outfall shall be as approved by the City Engineer. 4 CITY OF CLERMONT RESOLUTION NO. 2012-28 Section 5 -Site Improvements/Landscaping 1. All signage shall conform to adopted City Codes and Standards. 2. A site lighting plan shall be submitted and approved for the property. All lighting shall be designed, installed and directed to fall upon the subject site and not adversely impact abutting properties or Steve's Road traffic. 3. The permittee shall contract solid waste (refuse) service and construct appropriate dumpster facilities in accordance with adopted City Code. All dumpster and other external equipment sites shall be enclosed with masonry structures with wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code. Construction details and location of said structures shall be provided on development plans approved by the City Site Review Committee. 5 CITY OF CLERMONT RESOLUTION NO. 2012-28 Exhibit"A" . � Ca - ollc l.l;iil.l;n I a I jr, j r f l `` \`�. i .. d t f"\4 4 \\ \ / \ \''k • \I• ;.4-re' fi-41' ••‘;'•4 . • _ - ..#5„) 1 s't "NN. \ ' ' IIES i i I. ' \ \‘'s 1 ,1ill'_,_11; . nill ' IL.: If \'' \' '' Ea -- - rkt ,..• -, -N. 0 � ,,`I_!I ; it 5 I `;'; ;�1 r1.:'ii1r_l_r, _....11 : i:".P,; '' ' ; ; ; = 11 " IN ii:1. r;i �.;fp 1� ar 1J I 1� �rf_' 1 _� = = If Al ;ill °j 9, � �� � � 4 1 ' 8 P ,,.�r'�, - i, 'I j i it lit i. W.'S ,iir LI 8 ■ t •hNM 1 p 1 I �_ - I I s 1 j t it t i ! c ' .• _ v-_--: - . 1 g gg daesass G g (+h . . � Ai! o w ri '-' , — � �iIJfi!1 !!1!Ii!jI I r'1 �a• • J .. r4 Y ddnldle '� 11.-= G.._ ' 111. X11 -- 6 CITY OF CLERMONT RESOLUTION NO. 2012-28 Exhibit"B" CITY OF CLERMONT RESOLUTION NO.2010-24 EXHIBrr"0° Developer Commitments&Design Standards Lost Lake Reserve-Parcels Cl and C2 3.11.10 Lost Lake Reserve has requested a Conditional Use Permit modification to allow: 1. Park/recreation/athletic field uses on the northern part of Parcel C(Parcel C t).and 2. The ability to build 142 residential apartments on the remaining southern part of Parcel C(Parcel C2). The owners of the two parcels will each be required to present detailed site plans to the City for review and approval prior to moving forward with actual development. Neither the Real Life Church/School nor Lost Lake Reserve, LLC are ready to proceed with devclo pment of either pared at this time, but are interested in gcning the zoning approvals necessary to accomplish the apartment and park plans Due to concerns expressed by a taw neighbors, and at the direction of the City Council, the owners have prepared detailed illustrative plans that farther define the proposes use, met with neighbors again to review the plan acid have established the fiollowing i.-atnmitmcnts and design standards. which they afire may be made part of the City's Conditional Use Permit approval. The standards are represented in the attached illustrative plan, which should also be made part of the record to document the City's final action. Developer Commitments and Design Standards Overall The developer shall meet all City code requirements and the Lost Lake Conditional Usc Permit conditions as approved and those conditions recommended in the City's report prepared for the 2.9.10 City Council meeting, including.but nut limited to: I. Landscaping the median of Citrus Tower Boulevard from Steve's Road to the south end of Lost Lake Reserve. 2. Providing funding for the signallization of Citrus Tower Boulevard and Steve's Road intersection. If the signal is constructed prior to development of Parcel C. Lust Lake shall pay the City the amount to construct the signal, not to exceed $200,000 to be utilized by the City to benefit the regional transportation network. The City shall assist Lost Luke in obtaining impact fee credits and applying the amount to the future pmportionate share payment due for Phase Il of the Lost Lake Development Regional impact, Parcel C1—Park/Recreation/Athletic Fields 1. The Deed conveying the land to the Real Life Church f School shall: 1. Restrict the use of the parcel to allow only athletic fields, recreation, open space. parking uses and support facilities such as maintenance and restroom buildings. 7 CITY OF CLERMONT RESOLUTION NO. 2012-28 CITY OF CLERMONT RESOLUTION NO.2010-24 ii. Require parcel In be operated, managed and maintained by Real Life Church/School or their successors and assigns. iii, Prohibit sale or trtinst'er of land to another party unless it is associated with the Real Life Church or another similar religious organization m..ho will operate a church and school; ownership would instead revert to Lost Lake Reserve, LLC or the City of Clermont. . ?. The Conditional Use Permit Zoning Conditions for Parcel Cl shall include the following restrictions: a. Perimeter buffering will be handled working with existing grades to construct a 4-6 foot high landscaped berm along the perimeter facing Citrus Tower Boulevard and Steves Road except for that portion near the intersection of Citrus Tower and Stcvcs that would be adjacent to the proposed stomiwater retention area. b. On-site drop-off areas and parking for the athletic fields will be provided. c. Exterior lighting will meet City codes and will be designed by a lighting professional to provide proper fixtures,heights, direction and shielding. d. Public address systems, if any, will be designed to direct the sound to the spectators and not toward adjacent residene . e Hours of operation for the ball fields will be limited to RAM to 9PM on Mondav-Thursday, 8AM to 10PM on Friday and 8AM to 10PM on Saturday and I OAM to 9PM on Sunday. f. Vehicular access will be limited to an entry drive from the existing Church/School entry road, exotpt that a controlled entry point will be allowed on Citrus Tower Boulevard for limited overflow/grassed parking. g. The athletic fields will be laid out and fenced as nccdcd to prevent baseballs from being hit into adjacent roads. 8 CITY OF CLERMONT RESOLUTION NO. 2012-28 CITY OF CLERMONT YCP „ e ' �' �' a : 1 Tu 1 e, Jr., Mayo ,4 19�i i�{{f :1 i't Tracy Ackro 4, City Clerk Approved as to form and legality: .m •. I'.Iantz. orne