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R-99-1079• • • CITY OF CLERMONT RESOLUTION NO. 1079 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 THE CONSTRUCTION OF A 300 UNIT APARTMENT COMPLEX. LEGAL DESCRIPTION See Attachment "A" 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 the construction of a 300 unit apartment complex 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. 2. No further expansion of the use, additions to 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 an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 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. • • • CITY OF CLERMONT RESOLUTION NO. 1079 Page - 2 - 5. Prior to the issuance of any permits, the applicant shall be required to submit formal site plans for review and approval by the City of Clermont Site Review Committee. The site plans shall meet all submittal requirements and comply with the conditions of this Resolution, applicable City Codes, Regulations, Ordinances, and provide compliance with the adopted City Comprehensive. Plan, as amended. 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 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. 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 - Physical Site Development 1. The applicant shall submit a detailed excavation, grading and erosion control plan for the site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 2. Noise levels during construction shall not exceed those recommended by the Florida Department of Environmental Protection. Any vibratory compaction shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday only. Vibrations shall be limited to avoid any damages to neighboring persons or properties. Heavy Equipment and normal work operations will be allowed on the site between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than 7:00 A.M. on any approved workday. • • r1 U CITY OF CLERMONT RESOLUTION NO.1079 Page - 3 - • 3. All excavated material shall be stored in a location approved by the City Engineer. 4. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 5. 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. 6. A dust abatement plan shall be submitted to the City detailing measures to be • taken in eliminating the migration of dust particles from the site. The plan must specifically outline those measures recommended by the United States Department of Agriculture Soil Conservation Service and the Florida Department of Environmental Protection (FDEP). 7. All areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1), such as water retention areas, shall be sodded. Section 3 -Transportation Improvements 1. The applicant shall construct Oakley Seaver Drive from its current terminus, near the North entrance to the South Lake Hospital, eastward to the eastern property line of the subject property including deceleration and turn lanes at the project entrance. The permittee shall pay for and install streetlights per City code along Oakley Seaver Drive frontage. Installation and maintenance of lighting internal to the project shall be the responsibility of the permittee. 2. Approval of construction plans shall not be granted until of right-of-way for Oakley Seaver Drive has been dedicated to the City of Clermont. The right-of-way shall be eighty feet wide and run the length of the subject property. • • Irk U CITY OF CLERMONT RESOLUTION NO.1079 Page-4- 3. Prior to construction and development of the Planned Unit Development project, the permittee/developer shall provide a traffic analysis that identifies the development's impact on the City's transportation system. Based upon results of the traffic study, 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 of that portion of the project. At such time as signalization is determined warranted and necessary on Highway 50, the permittee/ developer shall pay a pro rata share of improvement costs based on traffic counts. Project specific on-site/off-site transportation improvements consistent with identified project impacts, per the traffic study, will be the sole responsibility of the developer. 4. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley Seaver Drive and Hancock Road, including but not limited to, access drives, acceVdecel • lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved, appropriately, by the City Site Review Committee, the Florida Department of Transportation and Lake County prior to commencement of any development activity for any portion of the project. 5. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Section 4 -Site Improvements/Landscaping 1. City code calls for the planting of not less than one tree per unit for any new multifamily development. These trees and the trees required in the landscape buffers shall not be less than 3 inches in diameter measured 4 ~/2 inches above the existing grade and shall be a minimum of ten feet in overall height. 2. In order to provide a buffer from the single family residential units to the north of the subject property the permittee shall provide one of the following along the length of the north property line: 1) a ten-foot wide landscape buffer, including required tree plantings, and asix-foot wall, or 2) a twenty-foot wide landscape buffer with trees and shrubs planted in manner as to provide opaque screening with shrubs a minimum six- foot in height at time of planting, or 3) a twenty-foot wide landscape buffer with berm, trees, and shrubs planted in a manner as to provide opaque screening with a combined height of six feet at the time of planting. • • • CITY OF CLERMONT RESOLUTION NO.1079 Page - 5 - 3. Additionally, buildings will be required to have a 50 ft. setback from the north property line. 4. Architectural finish, building, and landscape design plans for the project shall be submitted to and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. Section 5 -Utilities 1. The permittee shall extend the water line on Oakley Seaver Drive from its terminus near the South Lake Hospital eastward to the eastern property line of the subject property. The size of the line will be the same as that currently existing or as approved by City Engineer and ductile iron pipe will be used under pavement. • 2. The permittee shall pay its share of the cost of the master lift station and appurtenances located on the Lake Sumter Community College property and construct all pipes necessary to convey sewage to the master lift station. 3. Irrigation water shall be provided by well until such time as reuse water is available. The irrigation system shall be constructed using purple pipe to designate reuse water. 4. The permittee shall place all hydrants within the project according to City code. All buildings shall be sprinkled if a fire flow of 1500 cfm can not be obtained. 5. An emergency vehicle access code will be required by the City. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 24th DAY OF AUGUST, 1999. Harold S. Turville, Jr., Mayor Attest: Joseph E. V Zile, City Clerk • t • Attachment "A" Resolution No. 1079 A PARCEL OF LAND LOCATED IN THE SW '/s OF SECTION 21, T22S. R26E, LAKE COUNTY, FLOFIDA, MOFE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST Ys CORNER OF SAID BECTON 21; THENCE N89°33'53" E ALONG THE NORTHERLY LINE OF SAID SW '/s, A DISTANCE OF 1370.74 FEET TO THE POINT OF BEGINNING; THENCE. CONTINUNING ALONG 7HE NORTHERLY LINE OF SAID '/. N89°33'53"E, A DISTANCE OF 1003.71 FEET TO A POINT ON THE CENTERLINE OF A 170-FOOT WIDE FLORIDA POWER RIGHT OF WAY EASEMENT; THENCE LEAVING THE NORTHERLY LINE OF SAID SW '/s, S 17°08'21"E. ALONG THE CENTERLINE OF SAID EASEMENT, A DISTANCE OF 98.61 FEET TO A POINT; THENCE CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT 516°54'04"E, A DISTANCE OF 714.01 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE PROPOSED OAKLEY BEAVER BOULEVARD (40 FEET NORTH OF CENTERLINE); THENCE LEAVING THE CENTERLINE OF SAID EASEMENT, ALONG THE SAID NORTHERLY RIGHT OF WAY LINE. ALONG A CURVE TO THE LEFT, AN ARC DISTNACE OF 388.30 FEET • (SAID CURVE HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 21°36'00" AND A CHORD BEARING AND DISTANCE OF 544°58'52" W, 386.01 FEET) TO A POINT OF REVERSE CURVE; THENCE CONTINUNING ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT, AN ARC DISTANCE OF 531.83 FEET (SAID CURVE HAVING A RADIUS OF 550.40 FEET, A DELTA ANGLE OF 59°21'47", AND A CHORD BEARING AND DISTANCE OF 561°51'46"W, 511.38 FEET) TO A POINT; THENCE CONTINUING ALONG SAID NORHTERLY RIGHT OF WAY LINE, S89°32'39"W, A DISTANCE OF 126.09 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE, N16°54'04" W, A DISTANCE OF 1343.04 FEET TO THE POINT OF BEGINNING. •