R-2012-34 CITY OF CLERMONT
RESOLUTION NO. 2012-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR AN ASSISTED LIVING
AND MEMORY CARE FACILITY.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held October 2, 2012 recommended for approval of this Conditional
Use Permit to allow for an assisted living and memory care facility; at the following location:
LOCATION:
•
South of Oakley Seaver Boulevard and Hooks Street Intersection
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, Flonda that:
This application for a Conditional Use Permit to allow for an assisted living and memory care
facility; 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 another Conditional Use Permit.
3. Formal construction plans incorporating all conditions stated in this permit shall be
submitted for review and approved by the Site Review Committee prior to the issuance of
a zoning clearance or other development permits. The conceptual site plans submitted
with the Conditional Use Permit application are not the approved construction plans.
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 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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-34
5. No business can occupy any portion of a building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Planning & Zoning
Department.
6. 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.
7. 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.
8. This permit for the Assisted-Living & Memory-Care facility 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.
9. 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 site plan
(Exhibit "A") presented at the preliminary site review meetings and public hearings with
the exception of modifications necessary to comply with final Conditional Use Permit
conditions and State, County or City Codes.
10. The structures shall be inspected by the Fire Marshall for life safety requirements. All
requirements must be met prior to any Certificate of Occupancy being issued.
11. The structures shall be inspected by the City Building Inspector and all building code
violations must be corrected prior to a Certificate of Occupancy being issued.
12. The project shall provide a 10-foot utility easement dedicated to the City of Clermont
along the full length of the northern property boundary, adjacent to Hooks Street right-of-
way.
13. An emergency generator shall be installed to allow continuous operation of at least one of
the three elevators in the event of any power shortages.
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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-34
Section 2—Land Use
1. The property is approved for an Assisted-Living & Memory-Care facility as well as those
permitted uses under the C-2 General Commercial Zoning District.
2. The property shall be developed in substantial accordance with the conceptual
Conditional Use Plan site plan dated 8-31-12 as prepared by Weaver Boos Consultants
(Exhibit "A"). Formal construction plans, incorporating all conditions stated in this
permit shall be submitted for review and approved by the Site Review Committee pnor to
the issuance of a zoning clearance or other development permits. The conceptual
Conditional Use Permit site plans submitted with.the Conditional Use Permit application
are not the approved construction plans.
Section 3—Stormwater Management Plan Requirements
1. Verification of the stormwater run-off data, assumptions, and calculations shall be
provided and approved by both the City Engineer and St. John's River Water
Management District prior to any development activity. The drainage and stormwater
retention requirements of the City and the appropnate regulatory agencies shall be met.
These areas shall be properly maintained.
2. If required by the City Engineer, 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.
3. Permeability tests must be submitted as part of the stormwater/site plan review process.
Permeability shall be maintained.
4. Final disposition of storm water outfall shall be as approved by the City Engineer.
Section 4—Physical Site Development
1. A dust abatement plan shall be submitted to the City detailing measures to be taken in
eliminating the migration of dust particles from the site. The plan must specifically
outline those measures recommended by Florida Department of Environmental
Protection (F.D.E.P.).
2. All disturbed adjacent sites cleared must be sodded, or seeded as approved by the City
Engineer and part of the dust abatement plan.
3. 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.
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CITY OF CLERMONT
RESOLUTION NO. 2012-34
4. 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 8:00am to 6:00pm 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 7:00am and
7:00pm Monday through Saturday. Heavy Equipment or heavy machinery engines will
not be started earlier than 7:00am on any approved work day.
5. Any excavated material shall be stored in a location approved by the City Engineer.
6. Geotechnical information regarding the soil characteristics of the site shall be submitted
to the City as part of the Site Review process.
7. 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 United States Department of
Agriculture Soil Conservation Service.
8. 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 percent density of modified proctor.
9. 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 or landscaped. Slopes greater than 3:1 shall be
prohibited.
10. 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.
Section 5—Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
City Codes.
2. Ingress/egress to the site for construction shall be from a formally designated route as
approved by the City Site Review Committee.
3. A traffic study shall be required to address the level of service for the area, per City
Code. The Lake-Sumter Metropolitan Planning Organization shall review the study for
compliance with the Transportation Management System.
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CITY OF CLERMONT
RESOLUTION NO. 2012-34
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CITY OF CLERMONT
RESOLUTION NO. 2012-34
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 23rd day of October, 2012.
CITY OF CLERMONT
16%
Turville, Jr., Mayor
ATTEST:
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Tracy or oyd, City Cler
Approved as to form and legality:
. - orney