R-2016-30 CITY OF CLERMONT
RESOLUTION NO. 2016-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY
DEVELOPMENT WITH MORE THAN 12 UNITS, AND UP TO 12 UNITS
PER ACRE.
WHEREAS,the Planning and Zoning Commission of the City of Clermont, Lake County,
Flonda at a meeting held August 2, 2016 voted 3-3, and as a tie, the action moves forward as a
recommendation of denial for this Conditional Use Permit to allow a multifamily development
with more than 12 units, and up to 12 units per acre, at the following location
LOCATION:
Vacant property south of Pitt Street, east of Highway 27, and west of Grand Highway
Alternate keys 1070422 & 2702184
WHEREAS, the granting of this Conditional Use Permit will not adversely affect the
officially adopted Comprehensive Plan of the City, such use will not be detrimental to the health,
safety, or general welfare of persons residing or working in the vicinity, the proposed use will
comply with the regulations and conditions specified in the codes for such use, and the proposed
use may be considered desirable at the particular location
WHEREAS,based on the foregoing,the City Council deems it advisable in the interest of
the general welfare of the City of Clermont, Lake County, Flonda 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 a multifamily development with more than
12 units, and up to 12 units per acre,be granted subject to the following 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 June 22, 2016 prepared by BESH Engmeenng Formal Construction Plans,
incorporating all conditions stated in this Permit shall be submitted for review and approval
by the Site Review Committee pnor 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
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CITY OF CLERMONT
RESOLUTION NO. 2016-30
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 junsdictional
entities
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 pnor 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 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 Development Services
Department
11 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 Conditional Use Permit(CUP) is for a multi-family residential development with up
to 102 units, each in fee simple ownership on 8 5 acres, for a density of 12 dwelling
units/acre
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CITY OF CLERMONT
RESOLUTION NO. 2016-30
2 The City's Site Review Committee must approve the Site Plan pnor to the Construction
Plan approval
3 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 All excavated material 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
Section 4—Transportation Improvements
1 Sidewalks shall be required alongGrand Highway,
eqand Pitt Street 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- 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
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CITY OF CLERMONT
RESOLUTION NO. 2016-30
2 The project shall be plumbed for reuse water with purple piping, until such time as reuse
water is available, irngation water shall be provided for by well
Section 6—Landscaping
1 The Landscape design for all parking areas, buffers, nghts-of-way, pedestrian ways and
focal points shall be unified and complementary to the ambiance of the development
2 All landscape plans and plantings shall meet or exceed the City of Clermont Code
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
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CITY OF CLERMONT
RESOLUTION NO. 2016-30
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Flonda, this 23rd day of August, 2016
CITY OF CLERMONT
a).gai71/
Gail L Ash, Mayor
ATTEST:
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Tracy Ackroyd owe, City Clerk
Approved . • orm and legality
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Daniel F Mantzans, i y Attorney