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R-2013-25 CITY OF CLERMONT RESOLUTION NO. 2013-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held October 1, 2013 recommended for denial of this Conditional Use Permit to allow a Planned Unit Development; at the following location: LOCATION: North of Steve's Road, between US Highway 27 and Citrus Tower Boulevard 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 Planned Unit Development; 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. The property shall be developed in substantial accordance with the conceptual site plan dated August 29, 2013 prepared by Denham Engineering. Formal construction plans, incorporating all conditions stated in this permit shall be submitted for review and approval 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. 3. 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 appropnate jurisdictional entities. 1 CITY OF CLERMONT RESOLUTION NO. 2013-25 4. 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. 5. 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. 6. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date that 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. 7. The structure shall be inspected by the Fire Marshal for life safety requirements. All requirements must be met prior to any Certificate of Occupancy being issued. 8. 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. 9. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. Section 2-Land Use 1. This Planned Unit Development is for a single family development with up to 104 dwelling units on 33.3 acres. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 2. The applicant/owner must coordinate with the Lake County School District for capacity review and requirements pertaining to schools, and in conformance with City Code, prior to issuance of any building permits. Section 3—Site Development 1. Detailed grading, erosion control, and dust abatement plans for the entire site shall be submitted to and approved by the Site Review Committee prior to construction plan approval and the initiation of development activity. The dust abatement plan shall detail measures to be taken to eliminate the migration of dust particles from the site. 2 CITY OF CLERMONT RESOLUTION NO. 2013-25 2. All excavated matenal shall be stored in a location approved by the City Engineer. 3. Geo-technical information regarding the soil characteristics of the site shall be submitted to the City as part of the final site review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all disturbed areas where construction is not immediately intended. Said plan shall be provided in accordance with an approved ground cover plan acceptable to the City in accordance with Best Management Practices (BMP) of the United States Department of Agriculture Soil Conservation Service. 5. All platting must be completed in accordance with City Codes. Section 4—Transportation Improvements 1. Sidewalks shall be required along Steve's Road and within the development, in accordance with Florida Department of Transportation regulations and City Codes. 2. The City may require that transportation improvements, necessitated by the portion of the project for which a building permit is sought, be made at the time of construction. Project specific on-site and off-site transportation designs are the sole responsibility of the developer. 3. A traffic study in accordance with City Codes shall be required to address level of service (LOS) for the area. The applicant/owner must coordinate with Lake County and the Lake- Sumter Metropolitan Planning Organization (MPO) for compliance with the Transportation Management System(TMS). Section 5—Utilities and Stormwater 1. The permittee shall be responsible for purchasing, installing, and maintaining fire hydrants within the project. They shall be installed according to city code. 2. The project shall be plumbed for reuse water with purple piping. Irrigation in common areas shall be provided for by well. Section 6—Landscaping 1. The landscape design for all parking areas, buffers, rights-of-way, pedestrian ways and focal points shall be unified and complementary to the ambiance of the center. 2. All landscape plans and plantings shall meet or exceed the City of Clermont code. 3 CITY OF CLERMONT RESOLUTION NO. 2013-25 Section 7—Architectural Design Standards 1. All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. 2. All fencing within public view shall be ornamental metal or brick as approved by the Site Review Committee. Section 8—Fire Design Standards 1. Any residential structures not meeting the separation distances set forth in table R302.1 will be required to provide a residential sprinkler system meeting the standards of National Fire Protection Association 13D. 4 CITY OF CLERMONT RESOLUTION NO. 2013-25 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 10th day of December, 2013. � " Z CITY OF CLERMONT - x o S. Turville, Jr., Ma, o, =.!' Tracy Ackroyd, City Clerk i Approved as to form and legality: AID Attorn-