Loading...
R-08-1591CITY OF CLERMONT RESOLUTION NO. 1591 Page 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A CHARTER SCHOOL FACILITY IN AN URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT. 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 to allow a charter school facility in an Urban Estate Low Density Residential District at the following location: LOCATION North of Hartwood Marsh Rd., east of Hancock Rd. (15220 Hartwood Marsh Rd.) 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 a charter school facility in an Urban Estate Low Density Residential District; be granted subject to the following conditions: CUP CONDITIONS: Section 1 -General Conditions 1. The conditions as set forth in this Conditional Use Permit (CUP) 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 Construction Engineering Group, dated July 30, 2008. Formal construction plans, incorporating all conditions stated in this CUP 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. 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, CITY OF CLERMONT RESOLUTION NO. 1541 Page 2 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. A slab survey shall be submitted after the form boards have been installed and before the concrete has been poured. This is to ensure the setbacks and location of the building will conform to the Land Development Regulations. 9. A Traffic Study, in accordance with the City's approved Tragic Impact Study Methodology Guidelines, must be completed and approved by the City of Clermont, Lake-Sumter Metropolitan Planning Organization (MPO), and Lake County, in compliance with Transportation Concurrency, and the Transportation Concurrency Management System (TOMS). Any resulting agreements for proportionate fair share payments, actual payments and dedication of right-of-way to Lake County for widening to four lanes, must be completed prior to final approval for any building permits. 10. The City Police Department may determine that control of traffic movements is required for safety on Hartwood Marsh Road, and upon notification, the school shall be responsible to provide such service, independent of the City Police. Off-duty officers may be utilized. 11. In the event that the noise levels create a nuisance to the surrounding property owners, the City reserves the right to open the CUP for further review and additional conditions. The public address (PA) system shall be modified to reduce or eliminate the outside noise levels to those acceptable per code. 12. To the extent provided by applicable law, the applicant or its assigns shall be responsible for damage to the homes at Hartwood Pines caused by the construction of the school expansion. 13. Trash dumpster collections shall not start before 7:00 A.M. CITY OF CLERMONT RESOLUTION NO. 1591 Page 3 Section 2 -Land Use 1. The property is approved for use as a charter school facility for a maximum 1,050 students (K-8) as well as uses permitted within the UE zoning district. High School grades (9-12) shall not be allowed. 2. The landscape buffer along the western fence shall be enhanced on the eastern school side with shrubs and trees as approved by the Site Review Committee. Other landscape buffers shall also be adhered to as applicable. 3. Adult education classes or assembly shall not be allowed past 9:00 P.M. without approval by the City Council. 4. Child afterschool extracurricular activities including Boys & Girls Clubs shall not be allowed past 6:30 P.M. without approval by the City Council. Section 3 -Transportation Improvements: 1. Sidewalks shall be required along all public road frontages in accordance with City codes. Section 4 -Architectural Design Standards All structures shall be designed and constructed in accordance with the Architectural Standards of the City of Clermont. In addition, the following shall be allowed: 1. All fencing within public view shall be ornamental metal or brick, with the exception of perimeter fencing bordering residential developments, which shall be required, and shall be similar to existing white vinyl along the west side, unless a change is approved by the City's Site Review Committee. 2. All materials stored outside must be within an opaque enclosure, as part of the site plan and approved by the City's Site Review Committee. Storage trailers or other storage systems shall be prohibited. Li~htin~ 1. Light fixtures; types. All light fixtures, including security lighting, shall be cutoff fixtures, and shall be incorporated as an integral design element that complements the design of the building or project through style, material or color. Luminaires shall not be tilted. Lighting of or on buildings shall be limited to wall-washer type fixtures or up- lights, which do not produce spill light or glare. Sag lenses, convex lenses, and drop lenses shall be prohibited. Lighting at a building or project shall not be comprised in whole or part by floodlights. CITY OF CLERMONT RESOLUTION NO. 1591 Page 4 2. Height. The height of an outdoor lighting fixture (inclusive of the pole and light source/luminaire) shall be a maximum of thirty feet (30') within a parking lot, and a maximum of fifteen feet (15') within anon-vehicular pedestrian area. Height shall be measured from the finished grade to the top of the light fixture. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 23rd DAY OF SEPTEMBER, 2008. "E ~r ATT~S ~. }~ , ~~/ ~~ ~-~~'~' ,- Harold Turville, Mayor ,~~y,E4ckroyd, City Clerk