R-08-1592CITY OF CLERMONT
RESOLUTION NO. 1592
Page 1
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 DEVELOPMENT OF A 108 UNIT CONDOMINIUM
FACILITY.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held September 2, 2008 recommended for approval of this
Conditional Use Permit for a Planned Unit Development to allow the development of a 108 unit
condominium facility at the following location:
LOCATION
East side of Grand Highway. '/4 mile south of Citrus Tower Boulevard.
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
development of a 108 unit condominium facility; 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.
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.
CITY OF CLERMONT
RESOLUTION NO. 1592
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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
1. 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.
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.
CITY OF CLERMONT
RESOLUTION NO. 1592
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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.
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 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 23rd DAY OF SEPTEMBER, 2008.
ATTEST:
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Tracy Ackroyd, City Clerk
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Harold Turville, May r