R-07-1543CITY OF CLERMONT
RESOLUTION
NO. 1543
Page 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW AN INDEPENDENT LIVING
FACILITY WITH 168 UNITS LOCATED IN THE R-3 RESIDENTIAL
ZONING DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 4, 2007 recommended for approval of this
Conditional Use Permit to allow an independent living facility with 168 units located in the R-3
Residential zoning district at the following location:
LOCATION
North of Home Depot, east side of Oakley Seaver Blvd.
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 an independent living facility with 168
units located in the R-3 Residential zoning district; 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. No further expansion of the use or additions to the facility shall be permitted except as
approved by another Conditional Use Permit.
3. The property shall be developed in substantial accordance with the conceptual site plan
prepared by Burkett Engineering Inc. and dated June 04, 2007. Formal construction
plans, incorporating all conditions stated in this permit shall be submitted for review and
approved by the Site Review Committee prior to the issuance of a zoning clearance or
other development permits. The conceptual site plans submitted with the CUP
application are not the approved construction plans.
CITY OF CLERMONT
RESOLUTION
NO. 1543
Page 2
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. The final Certificate of Occupancy shall not be issued until each of the stated conditions
has been met.
6. 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.
7. 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.
8. This permit shall become null and void if substantial construction work has not begun
within two (2) years of the date 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.
9. No business can occupy any portion of the building after construction and final
Certificate of Occupancy, unless the proposed business has applied for and obtained a
Local Business Tax Receipt from the Clermont Planning & Zoning Department.
Section 2 -Land Use
1. The proposed use shall consist of an independent living facility with a maximum of 168
units.
Section 3 -Excavation and Grading/Operation Plans
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. The permittee/developers shall provide ground cover on all disturbed areas, where
construction is not immediately intended. Ground cover 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.
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RESOLUTION
NO. 1543
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3. All excavated material shall be stored in a location approved by the City Engineer.
4. Geo-technical information regarding the soil characteristics of the site shall be submitted
to the City as part of the final site review process
5. Ingress and egress to the site for construction shall be determined by the City Engineer.
Section 4 -Transportation Improvements
1. Sidewalks shall be required along all public road frontages.
2. Right and left turn lanes into the site shall be constructed along Oakley Seaver Drive.
3. Cross access with the property to the south shall be provided.
Section 5 -Utilities
1. The existing sanitary sewer along the south property boundary shall be protected. If the
existing utilities must be modified, the cost to design, permit and construct the
modifications shall be borne in full by the permittee/developer. Improvements to the site
shall not hinder the use of the existing easement by the City.
Section 6 -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.
3. The loading areas shall be properly screened from public view. Proper screening shall
include but not be limited to provision of a minimum 10 ft. wide landscape buffer along the
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RESOLUTION
NO. 1543
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rear of the hotel. All storage including pallets, cardboard boxes, etc. shall be within
screened enclosures.
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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 (1/3) 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.
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.
Entr~va,
(a) 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 the 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.
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RESOLUTION
NO. 1543
Page 5
Si riag_e:
1. Neon tubing shall not be used in building signage. The letters in the signage shall be the
primary color.
Li tin
1. Light poles shall not be painted in primary colors and they shall be no greater than 25 ft. in
height.
Outdoor storage:
1. All materials stored outside must be within an opaque enclosure. Chain link fencing is
prohibited.
Miscellaneous:
1. Mobile storage systems (metal shipping containers and trailers) shall be prohibited.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ON THIS 25t" DAY OF SEPTEMBER, 2007.
arold Turville, Mayor
ATTEST:`
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Tracy Acl~royd, City Cl
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