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R-2016-09 CITY OF CLERMONT RESOLUTION NO. 2016-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT(RESOLUTION 2014- 35) FOR A PLANNED UNIT DEVELOPMENT TO ALLOW THE REDUCTION OF RIGHT-OF-WAY WIDTH FROM 60 FEET TO 50 FEET IN PHASE 7 AND PRIVATE AND GATED STREETS IN PHASE 7. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held April 5, 2016 recommended approval of the amendment to a Conditional Use Permit; Resolution 2014-35, for a.Planned Unit Development to allow the removal of a condition for a sidewalk along Hartwood Marsh Road, the reduction of right-of-way width from 60 feet to 50 feet in Phase 7, private and gated streets in Phase 7, and street construction of brick pavers instead of asphalt in Phase 7; at the following location: LOCATION: Heritage Hills Subdivision 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 the amendment to a Conditional Use Permit; Resolution 2014-35, for a Planned Unit Development to allow the reduction of right-of-way width from 60 feet to 50 feet in Phase 7 and private and gated streets in Phase 7; 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. 2016-09 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. 2016-09 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 of 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 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 Pp 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. 3 CITY OF CLERMONT RESOLUTION NO. 2016-09 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. 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 four approved street lights along Hartwood Marsh Road prior to the Phase 6 final approval. Section 2.1 —Phase 7 Amendments 1. Phase 7 shall be allowed to develop 50 foot right-of-ways. 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 «A„ 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. 4 CITY OF CLERMONT RESOLUTION NO. 2016-09 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 1, dated August 2014, and prepared by BESH INC. The stormwater retention 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. Johns River Water Management District regulations and all other applicable laws. Section 4—DRI Development.Order Issues and Impact,Mitigation 1. 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 andconditions 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. 5 CITY OF CLERMONT RESOLUTION NO. 2016-09 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 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 reaches 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 p 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 CITY OF CLERMONT RESOLUTION NO. 2016-09 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. 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 % inch lifts of asphalt for a total of 1 ''A 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 be completed by August 31', 2013 no further Certificates of Occupancy will be issued until the road is complete. 12. 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 1-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. 7 CITY OF CLERMONT RESOLUTION NO. 2016-09 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. 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. 8 CITY OF CLERMONT RESOLUTION NO. 2016-09 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 '/ corner of Section 2, thence S 00 17'01" W along the West line of the Northeast 'A 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 %2 of the Northeasterly '/ of Section 2 for a distance of 2647.84 feet thence S 00° 22'14"W along the East line of the Northeasterly '/o 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 393.66feet eet to thepoint of tangency; thence South g 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 '/ of Section 3; thence South 00°23'05"West along the East line of said Southwest '/ of Section 3 for a distance of 1183.99 feet; thence South 89°33'57"West along the South line of said Southwest '/ for a distance of 1335.49 thence North 00°38'49" thence North 00°38'19" East along the West line of the East '/2 of the Southwest '/ 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 '/ of Section 3 for a distance of 660.96 feet; thence South 89°38'49" East along the North line of the Southeast '/ of the Northeast '/ of Section 3 for a distance of 1323.66 feet; thence South 89°43'10" East along the North line of the South '/2 of the Northwest '/ of Section 2 for a distance of 2648.47 feet to the POINT OF BEGINNING. Containing 19248275 Square Feet or 441.88 Acres, more or less. 9 CITY OF CLERMONT RESOLUTION NO. 2016-09 Exhibit B 74 // 6 ��., . / 5 /., .; IL , ,, .. ill JII/A " (moues LemR v. Vin..—, \d aree.a. . .raar..,a,t area .."'"'Iak:47..Wril Local ion Map I/ i likk1/4„, 1 I w Typical 54M Sections 0 m 1 411100bb4 1 -7 effitIMPI . I ' 0.W. 60'11.0.W. r 111‘ ' Site I Iwo tamp u.iahearooasn«I Man Boulevard I il II I O I i Fn ,tl 1 IK:i. Buildable ken Single family Detached Rent 70). 60') 50.). 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Sheet2of3 11 CITY OF CLERMONT RESOLUTION NO. 2016-09 • IL I IV iE I b I ogg I Q me I I b J N QQ Q /A� 1� /-e a '4411 " SSI @ g , 1 1 /SL.S ¢® w. `/ I e b ;.,_ ,o,,,„ ..,...$. ---------- --r1' . 1' ale t 3ikm `Q$k } L I xi in, T 1Wg' — 1 11 fri . j L-----1 I _t I oil= 1 I A 1 — J i 1 12 CITY OF CLERMONT RESOLUTION NO. 2016-09 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida, this 26th day of April, 2016. ®"®. f CITY OF CLERMONT L� ri Gail L. Ash, Ma or ATTEST. I A, /'‘e_._e_s2__ Tracy Ackroyd 'owe, City Clerk Approv-. .S-16-form and legality: -'- '��antza , • • orney