R-09-1609CITY OF CLERMONT
RESOLUTION NO. 1609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO A
CONDITIONAL USE PERMIT TO ALLOW A TEMPORARY ACCESS ROAD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County,
Florida at a meeting held March 3, 2009 recommended for approval of this amendment to a Conditional
Use Permit to allow a temporary access road:
LOCATION:
East of Somerset subdivision, East of Hancock Road,
and North of Hartwood Marsh Road
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 an amendment to a Conditional Use Permit to allow a temporary access road; 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. Upon approval of this resolution, the property shall only be used for the purposes described
herein. No expansion of the use(s) or any additional uses shall be permitted except as approved
by another Conditional Use Permit.
3. The property described in "Exhibit A" shall be developed in substantial accordance with the
Conceptual Site Plan, Center Lake Properties Limited/Vista Royale, modified October 2005,
by Glatting Jackson Kercher Anglin Lopez Rinehart, as shown in "Exhibit B," and Map H
(Master Development Plan for Kings Ridge Development of Regional Impact), dated November
2005, prepared by Glatting Jackson Kercher Anglin Lopez Rinehart, as shown in "Exhibit C,"
incorporating all conditions of this Conditional Use 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 Planned Unit Development without first submitting necessary plans,
obtaining necessary approvals, and obtaining necessary permits from the City and other
applicable jurisdictional entities.
CITY OF CLERMONT
RESOLUTION NO. 1609
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. Any specific references in this resolution to the Florida Statutes, Florida Administrative Code,
City of Clermont Land Development Regulations, City of Clermont Comprehensive Plan, shall
include any future amendments to the Statutes, Code, Regulations and or Plan.
7. A Certificate of Occupancy shall not be issued until each of the stated conditions has been met.
8. 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 as prescribed in the City
Code.
9. The Conditional Use Permit must be executed and filed in the office of the City Manager within
90 days of the date of grant by the City Council or the permit shall become null and void.
10. 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.
11. The subject property shall be an independent development and shall not become part of the
Kings Ridge Planned Unit Development as an addition or extension of the Kings Ridge
Community Association Incorporated.
Section 2 -Land Use
The parcel shall be developed as a residential Planned Unit Development (PUD). The community shall
be owner occupied and age restricted. The project shall be developed in accordance with the UD-7
Mixed-Use Classification I land use district.
1. Number and Type of Residential Units -There are 1,223 dwelling units approved for "Parcel
H," a density 2.77 dwelling units per acre. All land used to calculate density must be useable
land. Floodplains, wetlands, natural bodies of water, and power line easements are not useable
land for density calculations.
2. Lot Sizes -Residential construction shall be permitted on lots that are a minimum of 50' x 100'
(5,000 square feet); however, cul-de-sac or unique configured corner lots may be permitted less
than 50' frontage as long as the lot meets the 50' required width at the building setback line and
meets the minimum square footage. Within the gated community, residential attached
construction shall be permitted on lots that are a minimum of 20' x 100' (2,000 square feet).
Setbacks shall be as provided in Exhibit "B."
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CITY OF CLERMONT
RESOLUTION NO. 1609
3. Structure Setbacks - Minimum setbacks shall be twenty (20') feet for front yards, fifteen
(15') feet for rear yards for the principal dwelling unit, and a ten (10') foot separation between
buildings. Accessory structures such as pools, decks and screened enclosures shall be
constructed a minimum of five (5') feet from the rear yard property line.
4. Impervious Surfaces Limitations - A maximum impervious surface ratio shall not be
calculated on individual lots for permitting purposes.
5. Total Omen Space - A minimum of 45% of the useable land shall be open space. This may
include common open space (including trails), yards, landscape buffers and power line
easements. Floodplain areas, wetland areas, natural water bodies, rights-of--way, and dry water
retention areas shall not be calculated as open space or common space.
6. Common Open Space - A minimum of 50 acres of land shall be designated as Common Open
Space. Common Open Space shall be defined as land set aside, dedicated, designated or
reserved for public use or the use of owners and occupants of the development. Common Open
Space included parks and recreation areas. It does not include the perimeter landscape buffer
described in Section 7, Condition number three.
7. A clubhouse and recreation facilities will be provided for the benefit of the owners of
property within the PUD.
$. In order to provide neighborhood continuity, all residential areas shall access internally to
recreational and other passive public areas through design and implementation of
pedestrian ways and bicycle paths.
9. The project shall have an on-site sales and model center.
Section 3 -Physical Site Development and Environmental Issues
1. A dust abatement, soil erosion, and ground stabilization plan shall be submitted to the City
detailing measures to be taken to eliminate the migration of dust particles and soil erosion. All
disturbed areas that are not to be developed within 30 days after grading is completed shall be
seeded and mulched or sodded unless an alternative plan is submitted to and approved by the
City.
2. Any and all areas of the parcel shall be in compliance by June 4, 2004 with the agreement
with Lake County titled "Developer's Agreement for Reclamation Activities Related to the
Center Lake Sand Mine" dated December 17, 2002. The permittee agrees to execute a
document that allows the City to enforce all terms and conditions of the development
agreement with Lake County following the annexation of property described in Exhibit "A".
3. Parcels shall be developed with maximum slopes limited to 3:1 with the exception of Parcel
number 9, identified as a park site on the conceptual development plan, where special design
features such as overlook plazas may be provided, here slopes of 2:1 may be allowed with
review and approval by the City Engineer.
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CITY Off' CLEI~MONT
RESOLUTION NO. 1609
4. Stormwater Management: A comprehensive stormwater management system will be
provided cansistent with all regulatory requirements of the City and the Water Management
District.
S. Due to extreme grades existing on the site from the former sand mining operation,
previously disturbed areas of the project will be exempt from Code limitations regarding the
extent of grade changes allowed. Initial reclamation and grading is exempt from City Code,
however, after the initial grading has been completed future grading will conform to the City's
grading code.
Section 4 - Devlopment of Regional Impace (DRI) Development Order Issues and Impact
Mitigation
1. Prior to obtaining a preliminary plat of the property, the owner shall comply with the
requirements of Chapter 380.06, Florida Statutes, which governs Developments of
Regional Impact. If the property is governed by the provisions of Chapter 380.06, F.S. and
proceeds through the Development of Regional Impact process, then the terms and
conditions of this permit may be modified so as to conform to the terms and conditions of
the development order issued by the City.
Sectian 5 -Utilities
1. The project shall be plumbed for reclaimed water use. In order to prevent potential cross
connection of potable water supply and reuse water lines, all reuse lines shall be installed
in purple colored pipe. Irrigation water shall be supplied by a private irrigation well and system
permitted and constructed by the owner to serve the residents and common areas until reuse
water is available. The City shall operate and maintain the well and distribution mains up to and
including the irrigation meters.
2. A 100 ft. by 100 ft. well site shall be dedicated to the City. The location of which to be
determined by the City Engineer.
3. The City will provide water and wastewater services for the project described in the
Planned Unit Development.
4. The permittee will be responsible for extending utility lines to the project.
5. The permittee shall not place more than thirty-six (36) inches of overburden on utility lines.
Where landscape may be located over such line, the City shall receive indemnification in the
event of necessary operation and/or maintenance of the utility. Repair and/or replacement of
landscape shall be the responsibility of the permittee.
6. The City may construct a liner in any or all of the retention ponds within the development
to be used for bulk reclaimed water storage. The City will construct the liner at its own
expense and restore the area to a condition equal to the conditions prior to liner
construction. The City may construct at its own expense a pump station and filtration system
for the reclaimed water to be constructed along the banks of the pond. The construction of the
facilities will mimic aresidential-style structure to blend in with the surroundings. The owner
shall dedicated access easements over the pond areas to facilitate this use.
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CITY OF CLERMONT
RESOLUTION NO.1609
Section 6 -Transportation Improvements
1. The penmittee shall dedicate right-of--way necessary for the proposed realignment of
Hartwood Marsh Road as determined by Lake County. In the event development of the project
reached a stage where access from Hartwood Marsh Road is necessary and the planned
improvements to Hartwood Marsh Road have not been made, there may be a requirement for
improvements to the existing roadway such as turn lanes. The developer shall dedicate right-of-
way of eighty (80) feet in width for the extension of Hartle Road through the property so as to
connect with Hartwood Marsh Road.
2. The developer shall meet the required access management standards of Lake County and
the Florida Department of Transportation (FDOT) consistent with jurisdictional roadway
classifications as it relates to identified jurisdictional facilities.
3. To provide safe access and preserve operational capacity, the developer shall fund on-site
and immediate area improvements consistent with impacts of the specific access being
requested (Immediate improvements necessitated by construction of ingress/egress
roadways to the project shall be provided consistent with the impact of the facility
constructed.) The City of Clermont and Lake County shall jointly review and determine
approval of access facilities. Plans and specifications for any proposed access shall be
provided for review, evaluation and approval prior to physical construction. Such
improvements may include, but not be limited to, acceleration lanes, deceleration lanes, turn
lanes, tapers, signalization, and signage, widening, and resurfacing of the impacted roadway
consistent with the specific land utilization for the access being requested.
4. If in the future it is determined by the City that a signal is warranted at the intersection of
Hancock Road and Kings Ridge Blvd., the permittee shall pay a pro rata share of the cost
of engineering, equipment and installation of the signal.
5. A sidewalk shall be provided along Hartwood Marsh Road the length of the subject
property unless Lake County constructs a trail in lieu of the sidewalk.
6. In order to provide neighborhood continuity, all residential areas shall access internally to
recreational and other passive public areas through design and implementation of road
networks, pedestrian ways and bicycle paths. Main roads through the project shall have cart
paths on both sides of the road and have a six (6) ft. wide sidewalk on one side of the
roadway. A sidewalk will be required on both sides of the roadway where parcels are not
served by community walking trails. Neighborhood roads will have a cart path on one side of the
road and will not be required to have sidewalks.
7. The roads within the Planned Unit Development shall be private and the roads shall be owned
and maintained by a duly appointed and authorized Homeowners Association.
8. The roadway surface may be designed and constructed in two 3f4 inch lifts of asphalt for a total of
1 % inch asphalt surface.
9. "F" type vertical curbs are to be provided throughout the community.
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CITY OF CLERMONT
RESOLUTION NO. 1609
10. Ingress and egress to the site for construction shall be as approved by the City Site
Review Committee.
11. A second entrance to the development will be required prior to the issuance of a certificate of
occupancy for the 301St unit and a connection will be made to Hartle Road prior to the
development of Parcels #4 and #8 if Hartle Road is constructed.
12. A temporary access road from Hartwood Marsh Road to the terminus of the existing,
completed portion of Heritage Hills Blvd. may be constructed and remain in operation for
a period of two (2) years. The entrance at Hartwood Marsh Road shall be constructed to
City standards, including street lights, for a distance of approximately 400 feet. Improvements
along Hartwood Marsh shall be completed including right and left turn lanes, sidewalks, utilities
and street lights. The temporary road shall follow the alignment shown in submittal dated
January 20, 2009, as prepared by Booth, Ern, Straughan and Hiott, Inc. The temporary road shall
be a minimum of 24 feet in width with a 12-inch stabilized subgrade and a minimum of f-
inch of asphalt. Temporary stormwater retention shall be provided and the design shall at a
minimum collect runoff from the road and provide permanent erosion protection. The existing
construction entrance shall remain in service.
Section 7 - Landscaping
1. The project shall be landscaped in accordance with the City landscape ordinance with the
exception that required trees shall be three inches caliper in size.
2. Landscape buffers along rights-of-way shall be constructed per code. Walls or fences shall be
located on inside perimeter of the buffers and the landscape material shall be planted on the
outside of the wall or fence. Chain link and vinyl or plastic fencing will not be allowed along
public rights-of-way.
3. A minimum 20 ft. wide perimeter landscape buffer shall be provided between abutting
property boundaries. The buffer shall be landscaped and irrigated according to code.
4. All signage shall be constructed according to the current City sign code.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, ON THIS 24th DAY OF MARCH, 2009.
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Tracy Acl
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Harold S. Turville, Jr., Mayor
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