Resolution No. 2019-26R CITY OF CLERMONT
CLERMONT RESOLUTION NO.2019-26R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, TO ALLOW AN
AMENDMENT TO A CONDITIONAL USE PERMIT (RESOLUTION NO.
-2016-10) TO AMEND THE (PUD) MASTER DEVELOPMENT PLAN TO
CONVERT A DESIGNATED COMMERCIAL PARCEL TO
RESIDENTIAL USE FOR THE DEVELOPMENT OF SINGLE FAMILY
RESIDENTIAL LOTS.
WHEREAS, the project was approved under Resolution 2013-17 and amended with
Resolution No. 2016-10 to allow for a Planned Unit Development (PUD), a mixed use
development with up to 1,200 dwelling units and up to 100,000 square feet of commercial on 579
acres with the conditions contained in Resolution No. 2016-10.
WHEREAS,the developer has requested several amendments to the existing Planned Unit
Development(PUD)Master Development Plan with Resolution No.2016-10. The current request
to amend the Master Development Plan would allow a designated commercial parcel be converted
to residential use for development of single-family residential lots.
WHEREAS,the Planning and Zoning Commission of the City of Clermont,Lake County,
Florida,at a meeting held on October 1,2019,recommended approval of the request to amend the
Conditional Use Permit to convert a designated commercial use to residential use for development
of single family lots at the following location:
LOCATION:
579 acres north of Old Highway 50 and Southwest of the Florida Turnpike
(Alternate Key 3809256)
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. This Resolution would amend
Resolution No. 2016-10.
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 in the UE
Urban Estate Zoning District; 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.
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CLERMONT CITY OF CLERMONT
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2. The property shall be developed in substantial accordance with the Conceptual Site Plan
prepared by Waldrop Engineering and referenced as (Exhibit A). 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 of
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 appropriate jurisdictional
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 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
have 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.
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CLERRONT CITY OF CLERMONT
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SECTION 2. Land Use
1. This Planned Unit Development (PUD) is for a mixed-use development with up to a
maximum 1,200 residential dwelling units, and up to 100,000 square feet of commercial
use on 579 acres. This amendment to the CUP would modify the residential parcel,
identified as P-2 (also known as Canyons Phase 6), adding the southernmost commercial
parcel, identified as"commercial"on the master plan be converted to residential use. The
four(4)acre commercial parcel shall be combined with the(Canyons Phase 6)residential
parcel to allow construction of 168 single-family residential lots on parcel identified as P-
2. The development will provide the maximum allowed of 1,200 dwelling units for the
Planned Unit Development. The gross residential density will be 2.46 dwelling units per
acre. All other conditions of the Planned Unit Development (PUD) Master Plan shall
remain as approved.
2. This Planned Unit Development includes a mix of up to 500 age-restricted and up to 700
non-age-restricted units.The maximum number of age-restricted units may increase by up
to 10%(to 550 units)so long as there is a corresponding decrease in the maximum number
of non-age-restricted such that the total number of units does not exceed 1,200. Likewise,
the maximum number of non-age-restricted units may increase by up to 10% (to 770) so
long as there is a corresponding decrease in the maximum number of age-restricted units
such that the total number of units does not exceed 1,200. Increases of more than 10%to
the maximum number of units in either category are not allowed, unless the City has
verified that the project amenities have been adjusted in proportion to the requested
changes to the Planned Unit Development.
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.
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CITY OF CLERMONT
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5. All platting must be completed in accordance with City Codes.
SECTION 4. Transportation Improvements
1. Sidewalks shall be required along Old Highway 50 and within the development, in
accordance with Florida Department of Transportation regulations and City Codes.
2. The approximately 50-foot-wide strip of land located north of Lake Patterson and adjacent
to the former CSX right-of-way may not be used for automobile access to the property,but
may be used as a trail or other multi-modal purpose.
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.
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,brick or decorative wood fencing
with stone columns, 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 NFPA
13D.
SECTION 9. Variances included within the Planned Unit Development
Specific considerations/variances within the Planned Unit Development are as follows:
1) To allow for private streets with gates.
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CLERMONT CITY OF CLERMONT
RESOLUTION NO.2019-26R
2) A grading request for up to twenty-five feet of cut/fill rather than ten feet per Code,
provided that the maximum cut/fill (25 feet) shall be limited to no more than 2% of the
total project acreage of 578.93 acres. This limitation does not apply to cut/fill that causes
elevation changes of-less than twenty-five feet.
3) Increasing the grading between multi-level developments from five-to-one slope to a four-
to-one slope.
4) Allowing retaining walls to be ten feet in height rather than a maximum of six feet.
However, retaining walls that are located along the external boundary of the Planned Unit
Development (where they would be adjacent to property that is located outside of the
Planned Unit Development)shall be a maximum of six feet in height.
5) To allow lot sizes smaller than one acre, down to 5,500 square feet.
6) To allow sidewalks to be located five feet off the back of the right-of-way line; within the
right-of-way, rather than located on the edge of the right-of-way. -
7) Increase total impervious surface coverage areas for individual lots from fifty-five percent
to seventy-five percent and from forty-five percent to sixty-five percent for the principal
structure.
8) Reduce front yard setbacks from thirty-five feet to fifteen feet.
9) Reduce the side yard setback from fifteen feet to five feet for single-family detached
dwellings for lot types A-F and 3'/12' side yard setback for lot type A-2.
10) Reduce the rear yard setback from twenty-five feet to twenty feet. Lots 48-51 and 60-63
within Highland Ranch Esplanade Phase 1 (PB 66, Page 31-36) are permitted a reduced
rear yard setback of 8 feet for principal structures and 5 feet for accessory structures.
11) Reduce the seven and one-half foot side yard utility easements to match the side yard
setbacks.
12) The project includes a waiver to allow the existing billboards on the property to remain in
place,but on a temporary basis.Billboards shall be removed no later than January 31,2021.
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C CITY OF CLERMONT
d RESOLUTION NO. 2019-26R
DONE AND RESOLVED by the City Council of the City of Clermont. Lake County,
Florida, 22 of Cr'j-(J. c , 2019.
CITY OF CLERMONT
Gail L. Ash, Mayor
ATTEST:
Tracy Ackroyd Ho ity Clerk
Approved as to form and legality:
Dame . Mantzaris, ity Attorney