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R-07-1528CITY OF CLERMONT RESOLUTION NO. 1528 Page 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AMULTI-FAMILY DEVELOPMENT WITH MORE THAN 12 UNITS WITHIN THE C-1 ZONING DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2007 recommended for approval of this Conditional Use Permit to allow for amulti-family development with more than 12 units within the C-1 zoning district at the following location: LOCATION 1052 Montrose St. 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 to allow for amulti-family development with more than 12 units within the C-1 zoning district; be granted subject to the following conditions: CONDITIONS: Section 1 -General Conditions 1. The property shall be developed in substantial accordance with the conceptual site plan as prepared by Byron B. Bonyadi and dated 6/5/06. 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 CUP application is not an approved site plan. 2. All parking areas shall be paved and constructed to meet the minimum city requirements. 3. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 4. No further expansion of the use or additions to the facility shall be permitted except as approved by another Conditional Use Permit. CITY OF CLERMONT RESOLUTION NO. 1528 Page 2 5. 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. 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 7. 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. 8. The Conditional Use Permit must be executed and processed through the office of the City Manager within 90 days of its date of grant by the City Council or the permit shall become null and void. 9. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of 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 Permitted uses shall include a 20 unit multi-family development. Any other uses, unless permitted in the C-1 zoning district, must be approved by another Conditional Use Permit. 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 CITY OF CLERMONT RESOLUTION NO.1528 Page 3 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 right-of--ways 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. 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 -Site Improvements 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, ON THIS 14th DAY OF AUGUST, 2007. arold Turville, or ATTE Tracy ckroyd, City Jerk