R-2016-42 CITY OF CLERMONT
RESOLUTION NO. 2016-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION 1485)
TO ALLOW FOR MULTI-FAMILY USE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County,Florida at a meeting held November 1, 2016 recommended denial of this Conditional Use
Permit to allow for multi-family use, at the following location:
LOCATION:
Southwest corner of Oakley Seaver Drive and Citrus Tower Boulevard
AK 3877287
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, the applicant has applied for a Conditional Use Permit for an amendment to
allow multi-family use;
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 a Conditional Use Permit (Resolution 1485) to allow for
multi-family use; be granted subject to the following conditions:
Section 1-General Conditions
1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with
the land and the terms, conditions, and provisions hereof, and shall be binding upon the
present owner and any successor in title or interest, and shall be subject to each and every
condition herein set out.
2. The property shall be developed in substantial accordance with the Conceptual Site Plan
as prepared by Denham Engineering, dated June 2006. Construction plans incorporating
all conditions of this permit shall be submitted for review and approval by City staff prior
to authorization and issuance of a development permit.The conceptual plan submitted with
the Conditional Use Permit application is not an approved site plan.
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CITY OF CLERMONT
RESOLUTION NO. 2016-42
3. Upon approval of the resolution the aforementioned property shall only be used for the
purposes described herein.No further expansion of the use or additions to this project shall
be permitted except as approved by another Conditional Use Permit. Any other proposed
use shall be specifically authorized by amendment and approval of the City of Clermont
City Council.
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.
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. No business can occupy any portion of the building unless the proposed business has
applied for and obtained a Local Business Tax Receipt from the Development Services
Department.
7. 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.
8. 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.
9. 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.
10. 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.
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.
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CITY OF CLERMONT
RESOLUTION NO. 2016-42
12. This permit shall become null and void if substantial work has not begun within two (2)
years of the date of issuance of this Conditional Use Permit.
Section 2 - Land Use
1. The proposed development may contain up to 50,300 square feet of professional office
space, and up to 144 multi-family units
2. The allowable uses shall be those uses indicated within the Residential/office category of
the City of Clermont Land Development Regulations.
Section 3 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages in accordance with adopted
Florida Department of Transportation and City Codes.
2. Turn lanes shall also be provided based on staff Site Review Committee.
3. Prior to construction and development of the complex, the permittee/developer shall
provide a traffic analysis which identifies the development's impact on the City's
transportation system.
Section 4 - Excavation and Grading/Operation Plans
1. The applicant shall submit a detailed excavation, grading and erosion control plan for the
entire site during the site plan review process which must be approved by the City Site
Review Committee prior to initiation of development activity.
2. The permittee/developers shall provide ground cover on all out parcel and 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 the Best
Management Practices (BMP) of the United States Department of Agriculture Soil
Conservation Service.
3. 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.
Section 5-Utilities
The applicant shall submit a detailed utility plan for the entire 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. 2016-42
Section 6-Site Improvements/Landscaping
Onsite landscaping and perimeter landscaping shall be planted in excess of code,to be determined
by staff at Site Review Committee.
Section 7-Architectural Design Standards
Architectural finish and building plans for the development shall be submitted and approved by
the Site Review Committee prior to any development activity to ensure aesthetic and public safety
considerations are properly addressed.
The following design standards shall apply to all development on the site and shall apply until such
time as citywide architectural design standards are adopted unless otherwise approved by the City
of Clermont Site Review Committee.
Facades and Exterior Walls:
1. Ground floor facades that face public streets shall have arcades, display windows, entry
areas, awnings or other such features along no less than sixty (60) percent of their
horizontal length.
2. Facades greater than one hundred (100) feet in length, measured horizontally, shall
incorporate wall plane projections or recesses having a depth of at least three(3) feet. No
uninterrupted length of any facade shall exceed one hundred (100) horizontal feet, except
the parking structure.
Roofs:
1. Parapet walls or other design features shall be used to conceal flat roofs and rooftop
equipment such as HVAC units from public view from all sides of the building. Parapet
walls or other design features shall be constructed at a height of at least one(1) inch above
the tallest roof top unit. A metal or other enclosure for roof top equipment does not
constitute screening from public view. The average height of such parapets shall not
exceed fifteen(15)percent of the height of the supporting wall and such parapets shall not
at any point exceed one-third of the height of the supporting wall.
2. No uninterrupted length of any roofline or parapet wall shall exceed one hundred (100)
horizontal feet.
Materials and Colors:
1. The predominant exterior finish shall be of high quality materials,including,but not limited
to, brick, stone, stucco and textured concrete masonry units. The finished surface of the
exterior walls shall not include smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels.
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CITY OF CLERMONT
RESOLUTION NO. 2016-42
2. Facade colors shall be low reflective, subtle, neutral or earth tone colors. The use of high-
intensity colors,metallic colors, black or fluorescent colors shall be prohibited.
3. Building trim and accent areas shall be limited to one primary color. The use of a primary
color in the building trim is limited to a one(1) foot wide band around the building. Neon
tubing shall not be an acceptable feature for building trim or accent areas.
Entryways:
The main entryway shall feature no less than three (3) of the following:
1. canopies or porticos;
2. overhangs;
3. recesses/projections;
4. arcades;
5. peaked roof forms;
6. arches;
7. architectural details such as tile work and moldings which are integrated into the building
structure and design;
8. integral planters or wing walls that incorporate landscaped areas and/or places for sitting.
Signage:
Neon tubing shall not be used in building signage. The letters in the signage shall be a primary
color.
Lighting:
Light poles shall not be painted in primary colors and they shall be no greater than 25 feet in height.
Miscellaneous:
1. Mobile storage systems; metal shipping containers and trailers, shall be prohibited.
2. Chain link fencing shall be prohibited. Fencing around water retention areas and all other
fencing shall be ornamental metal fencing.
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CITY OF CLERMONT
RESOLUTION NO..2016-42
Section 8-Site Specific Conditions
1. Applicant shall install a fence of black aluminum along the western and southern divides
between the Lofts and the existing South Lake Medical Arts Center("SLMAC").
2: The fence will be a minimum of five feet (5') in height and will be landscaped on the
Lofts side with bougainvillea plants with no more than five feet(5')space between plants.
The Applicant shall be responsible for maintenance of the bougainvillea plants.
3.' Applicant will install a temporary windscreen/silt fence to protect the SLMAC property
from debris;
4. Applicant will take commercially reasonable actions to limit the noise and waste from
construction during regular business hours; Applicant will operate the Lofts as a "first
class" or"Class A" facility with rents consistent with similar Class A apartment facilities
at all times, and that the Loft building, parking areas and grounds are secured at all
times;
5. Applicant will install and maintain operational security cameras outside of the Loft
buildings at all times;
6. Applicant will ensure that the Lofts have gated access through Oakley Seaver entrance;
7. Applicant will comply with City waste requirements at all time, with no variances except
to provide trash compactors:'If trash compactors are approved by the City as a variance,
the trash compactors must be functional at all times;
8. Applicant will maintain the Lofts in good condition with no dead landscaping, chipped or
peeling paint, or broken windows;
9. Applicant will not permit Loft residents to leave furniture or other large waste outside of
the building for more than one(1) day;
10: The decorative fire gate will be present and functional at all times. Loft residents will not
have a clicker or other access through the fire gate.
11. On or before the expiration of sixty(60) days after the issuance of the final certificate of
occupancy or equivalent final permit for the multi-family residential project, the applicant
shall reseal and restripe the existing parking and drive areas in SLMAC: The resealing
and restriping of the parking and drive areas shall be in accordance with professional
standards as required to maintain the appearance and functionality of the parking and
drive areas based on the age and condition of the parking and drive areas.
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CITY OF CLERMONT
RESOLUTION NO. 2016-42
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 14`h day of February, 2017.
CITY OF CLERMONT
Gail L. Ash, Mayer
ATTEST:
1/4,4) ,
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
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