R-2014-35 s
CITY OF CLERMONT
RESOLUTION NO. 2014-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW AN
ADJUSTMENT TO THE ROAD-WAY CONNECTION POINTS AND TO
ALLOW FOR A NON-AGE RESTRICTED PORTION OF THE SITE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held November 4, 2014 recommended approval of this amendment
to the Conditional Use Permit to allow an adjustment to the road-way connection points and to
allow for a non-age restricted portion of the site; at the following location:
LOCATION:
East of Hancock Road, north of Hartwood Marsh Road,
and south of Highway 50
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 an amendment to the Conditional Use Permit to allow an adjustment to the
road-way connection points and to allow for a non-age restricted portion of the site; 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. Upon approval of this resolution, the property shall only be used for the purposes
described herein. No expansion of the use(s) or any additional uses shall be permitted
except as approved by another Conditional Use Permit.
3. The property described in "Exhibit A" shall be developed in substantial accordance with
the conceptual site plan, Center Lake Properties LimitedNista Royale, modified October
2014, by BESH INC., as shown in "Exhibits B and C" and Map H; Master Development
Plan for Kings Ridge DRI, dated November 2005, prepared by Glatting Jackson Kercher
Anglin Lopez Rinehart, as shown in "Exhibit D," incorporating all conditions of this
Conditional Use Permit.
1
CITY OF CLERMONT
RESOLUTION NO. 2014-35
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 Planned Unit Development without first submitting
necessary plans, obtaining necessary approvals, and obtaining necessary permits from the
City and other applicable jurisdictional entities.
5. 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 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.
6. Any specific references in this Resolution to the Florida Statutes, Florida Administrative
Code, City of Clermont Land Development Regulations, City of Clermont
Comprehensive Plan, shall include any future amendments to the statutes, code,
regulations and or plan.
7. A Certificate of Occupancy shall not be issued until each of the stated conditions has
been met.
8. 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 as prescribed in the
City Code.
9. The Conditional Use Permit must be executed and filed in the office of the City Clerk
within 90 days of the date of grant by the City Council or the permit shall become null
and void.
10. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date 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.
11. The subject property; Heritage Hills, shall be an independent development and shall not
become part of the Kings Ridge Planned Unit Development as an addition or extension of
the Kings Ridge Community Association, Incorporated.
12. The subject property; New Community/Phase 7, shall be an independent development
and shall not become part of the Heritage Hills Development as an addition or extension
of the Heritage Hills Community Association, Incorporated. The new community/phase
7 shall not have access to the pool or clubhouse amenities within the Heritage Hills
Development.
2
CITY OF CLERMONT
RESOLUTION NO. 2014-35
Section 2. Land Use
The parcel shall be developed as a residential Planned Unit Development. The community shall
be owner occupied. The project shall be developed in accordance with the UD-7 Mixed-Use
Classification I Land Use District.
1. Number and Type of Residential Units. There are 1,223 dwelling units approved for
"Parcel H," a density 2.77 dwelling units per acre. All land used to calculate density must
be useable land. Floodplains, wetlands, natural bodies of water, and power line easements
are not useable land for density calculations.
2. Lot Sizes. Residential construction shall be permitted on lots that are a minimum of 50
feet x 100 feet (5,000 square feet); however, cul-de-sac or unique configured corner lots
may be permitted less than 50 foot frontage as long as the lot meets the 50 foot required
width at the building setback line and meets the minimum square footage. Within the
gated community, residential attached construction shall be permitted on lots that are a
minimum of 20 feet x 100 feet (2,000 square feet). Setbacks shall be as provided in
Exhibits "B" and "C."
3. Structure Setbacks. Minimum setbacks shall be twenty (20) feet for front yards, fifteen
(15) feet for rear yards for the principal dwelling unit, and a ten (10) foot separation
between buildings. Accessory structures such as pools, decks and screened enclosures
shall be constructed a minimum of five (5') feet from the rear yard property line.
4. Impervious Surfaces Limitations. A maximum impervious surface ratio shall not be
calculated on individual lots for permitting purposes.
5. Total Open Space. A minimum of 45 percent of the useable land shall be open space.
This may include common open space; including trails, yards, landscape buffers and
power line easements. Floodplain areas, wetland areas, natural water bodies, rights-of-
way, and dry water retention areas shall not be calculated as open space or common
space.
6. Common Open Space. A minimum of 50 acres of land shall be designated as Common
Open Space. Common Open Space shall be defined as land set aside, dedicated,
designated, or reserved for public use or the use of owners and occupants of the
development. Common Open Space includes parks and recreation areas. It does not
include the perimeter landscape buffer described in Section 7, Condition 3.
7. A clubhouse and recreation facilities will be provided for the benefit of the owners of
property within the Heritage Hills Planned Unit Development.
8. In order to provide neighborhood continuity within the Heritage Hills development, all
residential areas shall access internally to recreational and other passive public areas
through design and implementation of pedestrian ways and bicycle paths.
3
CITY OF CLERMONT
RESOLUTION NO.2014-35
9. The project shall have an on-site sales and model center.
10. A masonry wall shall be constructed along the eastern portion of Heritage Hills Phase 6.
11. Developer shall install 4 approved street lights along Hartwood Marsh Rd. prior to the
Phase 6 final approval.
Section 3. Physical Site Development and Environmental Issues
1. A dust abatement, soil erosion, and ground stabilization plan shall be submitted to the
City detailing measures to be taken to eliminate the migration of dust particles and soil
erosion. All disturbed areas that are not to be developed within 30 days after grading is
completed shall be seeded and mulched or sodded unless an alternative plan is submitted
to and approved by the City.
2. Any and all areas of the parcel shall be in compliance by June 4, 2004 with the agreement
with Lake County titled "Developer's Agreement for Reclamation Activities Related to
the Center Lake Sand Mine" dated December 17, 2002. The permittee agrees to execute a
document that allows the City to enforce all terms and conditions of the Development
Agreement with Lake County following the annexation of property described in Exhibit
3. Parcels shall be developed with maximum slopes limited to 3:1 with the exception of
Parcel A, identified as a park site on the Conceptual Development Plan, where special
design features such as overlook plazas may be provided. Here, slopes of 2:1 may be
allowed with review and approval by the City Engineer.
4. Stormwater Management: A comprehensive stormwater management system will be
provided consistent with all regulatory requirements of the City and the Water
Management District.
5. Due to extreme grades existing on the site from the former sand mining operation,
previously disturbed areas of the project will be exempt from code limitations regarding
the extent of grade changes allowed. Initial reclamation and grading is exempt from City
Code; however, after the initial grading has been completed future grading will conform
to the City's grading code.
6. The Floodplain Administrator has determined that the proposed development plans
require issuance of a Floodplain Development Permit in accordance with Section 94-50
of the City Code. As part of this Conditional Use Permit, the Floodplain Permit is
approved for the construction of a stormwater retention area described on sheet l dated
August 2014 prepared by Booth, Ern, Straughan and Hiott, Inc. The stormwater retention
4
CITY OF CLERMONT
RESOLUTION NO. 2014-35
area will retain a minimum 'volume equal to' the post-development minus pre-
development runoff volume from the 25-year 96-hour storm over the contributing basin
plus a volume equal'to the fill proposed in the floodplain so that no change in the
base flood elevation will result from the proposed construction.. No impacts to the
wetland fringe of Johns Lake will result from, construction of the stormwater
retention pond, subject to compliance with St.,John's River Water Management District
regulations and all other applicable laws.
Section 4. DRI Development Order Issues and Impact Mitigation
Prior to obtaining a preliminary plat of the property, the owner shall comply with the
requirements of Chapter 380.06, Florida Statutes, which governs Developments of
Regional Impact. If the property is governed by the provisions of Chapter 380.06,
Florida Statutes,and proceeds through the Development of Regional Impact process, then
-the terms and conditions of this permit may be modified so as to conform to the terms
and conditions of the Development Order issued by the City.
Section 5. Utilities
1. The project shall be plumbed for reclaimed water use. In order to prevent potential cross
connection of potable water supply and reuse water lines, all reuse lines shall be installed
in purple colored pipe. Irrigation water shall'be supplied by a private irrigation well and
system permitted and constructed by the owner to serve the residents and common areas
until reuse water is available. The City shall operate and maintain the well and
distribution mains up to and including the irrigation meters.
2. A 100 foot by 100 foot well site shall be dedicated to the City; the location of which to be
determined by the City Engineer. '
3. The City will provide water and wastewater services for the project described in the
Planned Unit Development. ;
4. The permittee will be responsible for extending utility lines to the project.
5. The permittee shall not place more than thirty-six (36) inches of overburden on utility
lines. Where landscape may be located over such line, the City shall receive
indemnification in the event of necessary operation and/or maintenance of the utility.
Repair and/or replacement of landscape shall be the responsibility of the permittee.
6. ,The City may construct a liner in any or all of the retention ponds within the development
to be used for bulk reclaimed water storage. The City will construct the liner at its own
expense and restore the area to a condition equal to the conditions prior to liner
construction. The City may construct at its own expense a pump station and filtration
5
1
CITY OF CLERMONT
RESOLUTION NO. 2014-35
system for the reclaimed water to be constructed along the banks of the pond. The
construction of the facilities will mimic a residential-style structure to blend in with the
surroundings. The owner shall dedicate access easements over the pond areas to facilitate
this use.
Section 6. Transportation Improvements
1. The permittee shall dedicate right-of-way necessary for the proposed realignment of
Hartwood Marsh Road as determined by Lake County. In the event development of the
project reached a stage where access from Hartwood Marsh Road is necessary and the
planned improvements to Hartwood Marsh Road have not been made, there may be a
requirement for improvements to the existing roadway such as turn lanes. The developer
shall dedicate right-of-way of eighty (80) feet in width for the extension of Hartle Road
through the property so as to connect with Hartwood Marsh Road.
2. The developer shall meet the required access management standards of Lake County and
the Florida Department of Transportation (FDOT) consistent with jurisdictional roadway
classifications as it relates to identified jurisdictional facilities.
3. To provide safe access and preserve operational capacity, the developer shall fund on-site
and immediate area improvements consistent with impacts of the specific access being
requested. Immediate improvements necessitated by construction of ingress/egress
roadways to the project shall be provided, consistent with the impact of the facility
constructed. The City of Clermont and Lake County shall jointly review and determine
approval of access facilities. Plans and specifications for any proposed access shall be
provided for review, evaluation and approval prior to physical construction. Such
improvements may include, but not be limited to, acceleration lanes, deceleration lanes,
turn lanes, tapers, signalization, and signage, widening, and resurfacing of the impacted
roadway consistent with the specific land utilization for the access being requested.
4. If in the future it is determined by the City that a signal is warranted at the intersection of
Hancock Road and Kings Ridge Boulevard, the permittee shall pay a pro rata share of the
cost of engineering, equipment and installation of the signal.
5. A sidewalk shall be provided along Hartwood Marsh Road the length of the subject
property unless Lake County constructs a trail in lieu of the sidewalk.
6. , In order to provide neighborhood continuity within Heritage Hills, all residential areas
shall access internally to recreational and other passive public areas through design and
implementation of road networks, pedestrian ways and bicycle paths. Main_roads through
the project shall have cart paths on both sides of the road and have a six (6) foot wide
sidewalk on one side of the roadway. A sidewalk will be required on both sides of the
roadway where parcels are not served by community walking trails. Neighborhood roads
will have a cart path on one side of the'road and will not be required to have sidewalks.
6
- CITY OF CLERMONT
RESOLUTION NO. 2014-35
7. The roads within the Planned Unit Development shall be private and the roads shall be
owned and maintained by a duly appointed and authorized Homeowners Association.
8. ,The roadway surface may be designed and constructed in two 3/4 inch lifts of asphalt for a
total of 1 V2 inch asphalt surface.
9. "F"type vertical curbs are to be provided throughout the community.
10. Ingress and egress to the site for construction shall be as approved by the City Site
Review Committee.
11. A second entrance to the development will be required prior to August'31, 2013. Should
the entrance road not I be completed by August 31st, 2013, no further Certificates of
Occupancy will be issued until the road is complete.
10. A temporary access road from Hartwood Marsh Road to the terminus of the existing,
completed portion of Heritage Hills Boulevard may be constructed and remain in
operation for a period of two years. The entrance at Hartwood Marsh Road shall be
constructed to City standards; including street lights, for a distance of approximately 400
feet. Improvements along Hartwood Marsh shall be completed including right and left
turn lanes, sidewalks, utilities and street lights. The temporary road shall/follow the
alignment shown in submittal dated January 20, 2009, as prepared by Booth, Ern,
Straughan and Hiott, Inc. The temporary road shall be a minimum of 24 feet in width
with a 12-inch stabilized subgrade and a minimum of I-inch of asphalt. Temporary
stormwater retention shall be provided and the design shall at a minimum,collect runoff
from the road and provide permanent erosion protection. The existing" construction
entrance shall remain in service.
13. The new development; phase 7, shall provide access to Hartle Road within one year once
Hartle Road is constructed.
Section 7. Landscaping
1. The project shall be landscaped in accordance with the City landscape ordinance with the
exception that required trees shall be three inches caliper in size.
r 2. Landscape buffers along rights-of-way shall be constructed per Code. Walls or fences
shall be located on inside perimeter of the buffers and the landscape material shall be
planted on the outside of the wall or fence. Chain link and vinyl or plastic fencing will
not be allowed along public rights-of-way.
3. A minimum twenty (20) foot wide perimeter landscape buffer shall be provided between
abutting property boundaries. The buffer shall be landscaped and irrigated according to
Code.
4. All signage shall be constructed according to the current City sign code.
7
CITY OF CLERMONT
RESOLUTION NO. 2014-35
Exhibit A
Legal Description of 442-acre property,Center Lake PUD
A tract of land lying in Section 2 and 3, Township 23 South, Range 26 East, Lake County,
Florida being more particularly described as follows:
Commence at the North 1/4 corner of Section 2, thence S 00° 17'01" W along the West line of the
Northeast 1/4 of Section 2 for a distance of 1318.96 feet to the Point of Beginning; thence S 89°
38'50" East along the North line of the S 1/2 of the Northeasterly 1/4 of Section 2 for a distance of
2647.84 feet thence S 00° 22'14" W along the East line of the Northeasterly 1/4 of Section 2 for a
distance of 1288.41 feet to the Northerly right of way of Hartwood Marsh Road; ( An 80.00 feet
right of way per Official Record Book 1299, Page 1952) thence N 89° 33'05" W along said right
of way for a distance of 2031.70 feet to the point of curvature of a curve concave southerly
having a radius of 676.00 feet; thence along said curve through a central angle of 29° 37'34" for
a distance of 349.54 feet to the point of tangency; thence S 60° 49'22" W for a distance of
581.58 feet to the point of curvature of a curve concave Southeasterly having a radius of 422.00
feet; thence along the arc of said curve through a central angle of 60° 07'10" for a distance of
442.80 feet to the point of tangency; thence S 00° 42'12" W for a distance of 59.22 feet; to a
point on a non-tangent curve concave Southeasterly and having a radius of 6222.73 feet; thence
departing said right of way from a tangent bearing of South 60°40'56"West, run southwesterly
along the arc of said curve through a central angle of 03°37'29" for a distance of 393.66 feet to
the point of tangency; thence South 57°03'27" West for a distance of 851.32 feet; thence South
89°59'59" West for a distance of 3811.20 feet to the West line of the Southeast 1/4 of Section 3;
thence South 00°23'05"West along the East line of said Southwest 1/4 of Section 3 for a distance
of 1183.99 feet; thence South 89°33'57"West along the South line of said Southwest 1/4 for a
distance of 1335.49 thence North 00°38'49" thence North 00°38'19" East along the West line of
the East 1/2 of the Southwest 1/4 of Section 3 for a distance of 2655.36 feet; thence South
89°40'41" East along the North line of the South '/2 of Section 3 for a distance of 2315.53 feet;
thence North 00°25'11" East for a distance of 661.05 feet; thence South 89°39'45" East for a
distance of 330.78 feet; thence North 00°25'53" East along the West line of the East '/2 of the
Northeast 1/4 of Section 3 for a distance of 660.96 feet; thence South 89°38'49" East along the
North line of the Southeast 1/4 of the Northeast 1/4 of Section 3 for a distance of 1323.66 feet;
thence South 89°43'10" East along the North line of the South 1/2 of the Northwest '/a of Section
2 for a distance of 2648.47 feet to the POINT OF BEGINNING.
Containing 19248275 Square Feet or 441.88 Acres, more of less.
8
CITY OF CLERMONT
RESOLUTION NO. 2014-35
Exhibit B
4 4`
1 0 0
ii
o 5
�, 7
A /. ../
7".
o,—.. If:
JI/ /.
--E:-.1::,:- 11-:74-7.,..:::::::........a .....
b�_
'ra;...M.W.Lt.,
Location Map
/ r,pkel Puget Senlons
Elk 1
9., \ , 1.,
, _..__ ,
4"_...026, 1 .:. . ' 20
4:111.1._11 .CI ''''''-j..4; r.
1 t ' _ MI 111= MI ill `ill
9\
6........ - tss r rs r Iss• —
ir.,‘,
ti 60 POW 60 POW
Site I I twl.n.Nerahberbaad Lnn ewnaprl..md
- t f
i t 1�
a,
318 �4I±
Buildable Men
Single fainly Detached Mar
70') 60 ) 50) I
-\�s IS -5.\-, s N-5 [3
E E E
EE E
I i
._ -,...•-s ._ -,.....-5 8 �!3'
/
20 20 20
/ /
Fent
'Comer Ips to 1.1p.d.I t..ttpnodn.I f..dtu1 Fpm*sow men,snb.A tlm.n a for main Malian Acrntot MUM..and unnn.d.ntbtem nay
.Mbock.rSNmurn.tt from nn Int..A0 Yd.setts.N Awned bol•Mnbun el 10 mon W pond.benweeti tin14 bw.yMt0Md WN Sept.QM.,lad.
10.2003 1
Center Lake
r Conceptual Development Plan
Properties Ltd \� YalaRoyale
9 Sheet of
CITY OF CLERMONT
RESOLUTION NO. 2014-35
Exhibit C New Community
N I
I
%_ /'/J
,
117)
r'C�eri/li)
location Map
41 Typical Sent Secllem
!/ falW
,o
ff.-,:_1t lid ,�^►' 7a
WI INIMAN
ti\ tss r ss r Iss m
ilinro
�' 600.0W 60'ROW
irr‘ Site L_r
l.otam moot*Street Wln•Mnne
' x. l_ _
i
• U
I
1
Buildable•tear
Single family Detached peal
70 , 00 y 0 J
AN-5 15 -,..\s-• ..f -ids 15,
E E E
E E E
Z
E f
g ��-5 �\-5 $ -\\-5'
{ /
20 20 M
front
•Connor Wes m be ItMaw to nconndne IS webtf horn Wean Is en,selene Yawn 0 for main nmnorn Ataanory umcnan and Kneed entbfnx Ary
b eel bare•MMmom of s hon rea,bt be A 0 pa WW1 It Mo.W ken•/Ammon of 10'nom be broad bcmaa,tmyle bmly dnacMd 6.114 lease[ytmlpps.o
10.203
Center Lake Conceptual Development Plan
Properties Ltd ��T., eVim R
et2oy,le
w` __ Sheet 2 of 3
10
CITY OF CLERMONT
RESOLUTION NO. 2014-35
III E L1
I" _ - j -r
Ci iT i el- I —i
(I) III 01110 F.-_...... . -is
-711 i
'n? li ft ''' I
d w -w P
r I =
44 , --0
.0, ,
Bit mil es
F� '.,.,[-a•, i
Isi
I R
I 1 '
it i1 jr
inipf
E1111, rii p
i i
i
• i
I i
i i
i i
i
ij
Ii -j
11
I
CITY OF CLERMONT
RESOLUTION NO. 2014-35
DONE AND RESOLVED by the City Council of the City of Clermont, Lake
County, Florida,this 9th day of December, 2014.
„'o,, ``' l,,, °��, ` CITY OF CLERMONT
+,' t , i ri ,'4„�; y
/1:;,,,. .,,,,:l?,:' ilti 'jj) pk` .
I I,..::):,i � V r,
0,7', „ ",0'*',',
S ., p”1,', 3N;`
f
22971, /‘"
w ,� ,% , Gail L. Ash, Mayor
f ASTT
ATTEST:
-/ 4,0
Tracy Ac. oyd, City Cler I
Approved as : and legality:
4
Daniel-=a' zaris C e rney
1
I