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R-06-1475• CITY OF CLERMONT RESOLUTION NO. 1475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO ALLOW FOR THE CONSTRUCTION OF RESIDENTIAL CONDOMINIUMS. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held March 7, 2006 approved this Conditional Use Permit for a Planned Unit Development to allow for the construction of residential condominiums at the following location: LOCATION Grand Highway, North of Northridge Subdivision and West of the Gardens at Citrus Tower apartment complex. 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 a Conditional Use Permit for a Planned Unit Development to allow for the construction of residential condominiums; be granted subject to the following conditions: 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 February 2, 2006 prepared by Montverde Engineering. 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 CUP application are not the approved construction plans. • • CITY OF CLERMONT RESOLUTION NO. 1475 Page-2- 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 final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 5. 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. 6. The Conditional Use Permit must be executed and filed in 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. • 7. 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. Section 2-Land Use This permit is for amulti-family residential development with up to 108 condos, a density of approximately 10.8 units/acre. The City's Site Review Committee must approve the site plan prior to the construction plan approval. 2. The project shall be phased to allow the first 80 units of the 108 total, to be built without mitigation of the student generation. The final 28 units, or phase 2, can only be built under either of the following conditions: a. The 28 units in phase 2 can only be built if the applicant and/or builder applies for mitigation and receives concurrency from the Lake County School Board, as it applies to Florida Statutes and the School Concurrency requirements, as to be adopted by the Lake County School Board and the City of Clermont. • 2 • CITY OF CLERMONT RESOLUTION NO. 1475 Page - 3 - b. The 28 units in phase 2 can only be built if they are age restricted, in Accordance with the applicable laws of Florida, which would result in no generation of students. 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 U.S.D.A. Soil Conservation Service. Section 4 -Transportation Improvements 1. Sidewalks shall be required along Grand Highway and within the development, in accordance with FDOT 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. 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. • CITY OF CLERMONT RESOLUTION NO. 1475 Page - 4 - 2. The project shall be plumbed for reuse water with purple piping, Until such time as reuse water is available, irrigation water 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 -Site Imurovements Fencing: • 1. All fencing within public view shall be ornamental metal or brick. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22"d DAY OF AUGUST 2006. • ~~. y M ~ - 4 `• `'~~` h *c ~ `4` .t a . ~ ti ACTT ~~~~s: ~`~ /~/ f' ,. ^ Tracy Ac oyd, City Clerk Harold Turville, Mayor 4