Resolution No. 2022-005RCITY OF CLERMONT
RESOLUTION NO.2022-005R
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 DWELLING UNITS; NOT TO
EXCEED THE MAXIMUM ALLOWED OF 12 UNITS PER ACRE; AND
PROVIDING FOR CONFLICT, SEVERABILITY, ADMINISTRATIVE
CORRECTION OF SCRIVENERES ERROR, PUBLICATION AND
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held on April 5, 2022 recommended approval for this Conditional Use Permit
to allow a multifamily development with more than 12 units, and not to exceed the maximum
allowed of 12 dwelling 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, 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 Conditional Use Permit (CUP) to allow a multifamily residential development with more than
12 units, and not to exceed the maximum allowed of up 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.
CITY OF CLERMONT
Cldcedavrgar"
RESOLUTION NO.2022-005R
2. 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.
3. The Conditional Use Permit must be executed and processed through the office of the City
Clerk within 90 days of the date of approval by the City Council or the permit shall become
null and voided. Additionally, in the event that the current ownership of the property does
not transfer to LMG Clermont LLC or a successor entity within one -hundred (120) days of
the date of approval by the City Council, this Conditional Use Permit shall be immediately
null and void and of no effect.
4. 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.
5. 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.
6. The Fire Marshal shall inspect all buildings and structures to ensure life safety requirements
and fire safety codes are in compliance to the code prior to the issuance of any Certificate
of Occupancy.
7. The City Building Inspector shall inspect all structures and buildings for compliance with
the Florida Building Codes and all violations must be corrected prior to the issuance of any
buildings Certificate of Occupancy.
8. Prior to the issuance of any permits, the applicant shall be required to submit Formal Site
Plans for review and approval by the Clermont Site Review Committee. The site plans
shall show location of all proposed buildings, structures, picnic areas, and outdoor
recreation areas as indicated in the Conditional Use Permit application. The site plans shall
meet all submittal requirements and comply with the conditions of this Resolution,
applicable City Codes, Regulations, Ordinances, and must be in compliance provide
compliance with the adopted City Comprehensive Plan, as amended.
9. 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.
C� , CITY OF CLERMONT
RESOLUTION NO.2022-005R
10. The applicant understands and agrees that if any of the stated conditions are in violation,
the City Council may revoke this Conditional Use Permit by resolution after a public
hearing.
SECTION 2: LAND USE
This Conditional Use Permit (CUP) is for a multi -family development with 112 dwelling
units on the 10.14 acres; which may not exceed the maximum allowed of up to 12 units per
acre.
2. The City's Site Review Committee must approve the Site Plan prior to the Construction
Plan approval.
3. The applicant/owner must coordinate with the Lake County School District for school
capacity and concurrency requirements pertaining to schools, and in conformance with
City Code, prior to the issuance of any building permits.
4. The property owner/developer has agreed to completely remove and take down the
existing billboard sign located on the property at the verified expiration date for the existing
lease agreement and/or contract date.
5. The property shall be developed in substantial accordance with the Conceptual Site Plan
(Exhibit A) prepared by HALFF Engineering Group, and submitted with the CUP
application. All new development and/or changes to the subject property must submit for
site plan approval by the Site Review Committee prior 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 and final construction plans. The conceptual
site plan does not grant any development entitlements or uses and is only used for
conceptual purposes.
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 project shall provide a dedicated and recorded open space area on the site plan that
shall remain as open space for the property.
CITY OF CLERMONT
'00-wl RESOLUTION NO.2022-005R
SECTION 4: TRANSPORTATION IMPROVEMENTS
Sidewalks shall be required along Grand Highway and Pitt Street and within the
development, constructed 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. The developer or property owner shall be responsible for implementation and construction
of any recommended traffic improvements requirements based on the results of the (TIS)
Traffic Impact Study. The developer shall be responsible for any proportionate fair share
improvement obligations, which must meet the design standards of the City of Clermont,
Lake County and Florida Department of Transportation (FDOT) maintained roads.
4. Subject to final approval by the School Board, the Developer shall provide an internal bus
stop.
SECTION 5: UTILITIES AND STORMWATER
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, until reuse water is
available for the site; irrigation water shall be provided for by a private well.
SECTION 6: LANDSCAPING
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 development.
2. All landscape plans and plantings shall meet or exceed the City of Clermont Code.
SECTION 7: ARCHITECTURAL DESIGN STANDARDS
1. The buildings and structures must be designed and constructed in compliance to the
Clermont Architectural Design Standards. The rear exterior building walls facing Pitt
Street and Grand Avenue shall be designed to provide an enhanced rear exterior building
facade, which includes architectural design features and elements to break up blank walls
facing any streets.
2. The project must provide a 6-foot decorative privacy fence incorporated into the landscape
buffers adjacent to all rights -of -way for the entire length of the property boundaries.
CITY OF CLERMONT
RESOLUTION NO.2022-005R
SECTION 8: CONFLICT
All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are
hereby repealed.
SECTION 9: SEVERABILITY
If any portion of this Resolution is declared invalid, the invalidated portion shall be severed from
the remainder of the Resolution, and the remainder of the Resolution shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Resolution as a whole.
SECTION 10: ADMINISTRATIVE CORRECTION
This Resolution may be re -numbered or re -lettered, and/or corrected for typographical and/or
scrivener's errors which do not affect the intent of said resolution, as authorized by the City
Manager or designee, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
SECTION 11: PUBLICATION AND EFFECTIVE DATE
This Resolution shall be published as provided by law and it shall take effect immediately upon
its Second Reading and Final Passage.
".t
CITY OF CLERMONT
RESOLUTION NO.2022-005R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 26th day of April 2022.
CITY OF CLERMONT:
Tracy Ackroyd Howe, MMC
City Clerk
Approved as to form and legality:
Daniel F. Mantzaris, City Attorney
W Y
Tim Murry, Mayor
CITY OF CLERMONT
RESOLUTION NO.2022-005R
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Jimmy D. Crawford, Esq.
Crawford, Modica & Holt
702 W. Montrose Street
Clermont, FL 34711
Mr. Crawford,
Resolution 2022-005R includes a scrivener's error regarding the overall acreage of the site.
Section 2: Land Use #1 indicates the site is 10.14 acres. This acreage should read 9.35 acres as it does on
the included site plan and legal description.
This letter will be attached with the Resolution 2022-005R to reflect these changes.
Thank you,
pla
Curt Henschel
City of Clermont
Planning and Development Services Director
685 W, Mointro e 'Street leuii" ������i,.m F'll,.. ,34711 . iern��°iorff ., (�:)
INSTRUMENT #2022108032
OR BK 6005 PG 2326 - 2327 (2 PGS)
DATE: 8/9/2022 1:58:06 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
AND COMPTROLLER, LAKE COUNTY, FLORIDA
Rae Chidlow RECORDING FEES $18.50
City of Clermont
685 West Montrose St
Clermont, FL 34711
SHORT FORM CONDITIONAL USE PERMIT
THIS SHORT FORM CONDITIONAL USE PERMIT evidences that certain Conditional Use Permit
adopted and approved by the Clermont City Council by Resolution No. 2022-005R and agreed to and
accepted by the undersigned developer/applicant as of April 26, 2022 with regard to the following
described real property:
LOCATION: Property located at the southwest corner of Pitt St. and Grand Hi_hway
Alternate Key #1070422 & 2702184
and is for the purposes of providing notice to all interested parties, the assigns, successors and
heirs of the undersigned 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 above -
referenced Conditional Use Permit.
IN WITNESS WHEREOF, the undersigned has duly executed this Short Form Conditional Use
Permit as of the day set forth below.
Signed, sealed an livered in the presence of:
Prop y Owner
Printed Name and Title
STATE OF FLORIDA:
COUNTY OF _LCLLto
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1 �c r�-rina S
Printed Name and T' le 6 ru-lr�zkc
I HEREBY CERTIFY that on this _day of _A , 2022, before me, an officer duly
authorized in the State aforesaid and in the County a oresaid to take acknowledgements,
personally appeared , )o ry1C" Lcc' ikrl + , who is ersonally known to-mi�)or who has
produced as identification, and who executed the foregoing
instrument, and who did take an oath.
My commission expires:
Notary Public Stet. of Florida
Amanda J Crawford
K
MY Commission HH 083047
Expires 01/20/2025
NOTARY PUB C
CRAWFORD MODICA AND HOLT
702 W MONTROSE ST
CLERMONT FL 34711
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I, the undersigned, do hereby agree to each condition of this Conditional Use Permit.
mar t
Date c.1 w• 4-, L% (-.te r 1- 0fIf I —,I Z
STATE OF FLORIDA
COUNTY OF J ra 1e:C
The foregoing instrument was acknowledged before me this 3 day of
. 1A un (,f 5� , 2022, by ) Ok."-n e s Loc' kc�-
(name of person acknowledging)
Signature of N
N1Amends Jic State of Crrawford lorfda
My Commission HH 063047
.elf Expires 01/20/2026
Whom is personally known to me or whom has produced a valid identification.
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A wt S ADC 4�. &,411 C� C t r.�► �..►, c c c �, �/2 Z
(Owner) Date
STATE OF FLORIDA
COUNTY OF Lal<c-
The foregoing instrument was acknowledged before me this -day of
c c1uSt , 2022, by � w es t
(Name of person acknowledging)
Signature of N
1�?#i'
Notary Public Saws or florida
Amanda J Crawford
My Commission HH 063047
Expires011204026
Whom is personally known to me or whom has produced a valid identification.
Received in the office of the City Clerk on �- ( -// 6Z' 2-
Date
City Clerk
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