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R-02-1295 CITY OF CLERMONT RESOLUTION NO. 1295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PRESCHOOL. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 5, 2002 approved this Conditional Use Permit to allow the operation of a preschool at the following location: LOCATION 720 12th Street 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 the operation of a preschool; be granted subject to the following conditions: CONDITIONS: Section I - General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner/permittee and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. Upon approval of this resolution the aforementioned property shall be used as a church and preschool. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 3. Construction and operation of the proposed Use shall at all times comply with the regulations of this and other governmental agencies. 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 Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and City Code of Ordinances. 5. The Preliminary Site Development Study #5 prepared by Zelones Architectural Collaborative and provided as submission for this application shall serve as the approved conceptual development plan for the site. No change of the use or additions to the use shall be~)ermitted except as approved by another Conditional Use Permit. 1 CITY OF CLERMONT RESOLUTION NO. 1295 Page - 2 - 6. Prior to the issuance of any permits for the Sanctuary, Parish Center, or Sunday School facility 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. 7. All applicable rules and regulations for development within the City shall be met, including but not limited to, final site plan approval, landscaping, drainage, parking and sign regulations, and all yard setbacks. All required landscaping must be served with a Iow volume, permanent irrigation system that must be properly maintained. The drainage and stormwater retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. 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. 9. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. Section 2 - Physical Site Development 10. 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. 11. 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 work day. 12. The permittee/developers shall provide grassing and sod, including fertilizer application, on all disturbed areas. Grassing and fertilization shall be provided in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 13. All excavated and/or stock piled material shall be stored in a location and in a manner as approved by the City Engineer. 14. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. CITY OF CLERMONT RESOLUTION NO. 1295 Page - 3 - 15. In areas where substantial earth work requires filling/compaction, density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95% density of modified proctor. Verification of the test results shall be furnished to the City Engineer in a manner and fashion as specified by the City Engineer. 16. 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. Slopes greater than 3:1 shall be prohibited. 17. The developer/permittee shall be responsible for the cost of all required on-site and off-site infrastructure improvements necessitated by impacts of the project. 18. All buildings and structures shall be constructed in strict conformance with SBCCI Standards. Section 3 - Transl~ortation Improvements 19. Prior to a Certificate of Occupancy being issued for the new Sanctuary the applicant/permittee shall provide permanent closure of the existing access driveway on 12th Street. One (1) new, replacement access driveway shall be provided on SR 50 at the existing median opening. Said access driveway shall be constructed as approved by the City of Clermont Site Review committee and in conformance with City and Florida Department of Transportation standards. As part of the closure of the existing 12th Street access facility, standard FDOT type "F" curb shall be installed, and a five feet (5') wide sidewalk shall be constructed in the area impacted by the abandonment. All areas disturbed by the driveway activities shall be graded and sodded. 20. Roadway improvement plans for SR 50 and the project site, including but not limited to, turn lanes, traffic movement signage, and internal project signage shall be submitted to and approved by the City Site Review Committee and the Florida Department of Transportation prior to commencement of any development activity for any portion of the project. Specific improvements required for State Road 50 shall include construction of a deceleration taper for west bound traffic into the project site. All appropriate permits must be received by the City prior to any construction activity commencing on the site. 21. The applicant/permittee shall dedicate a ten feet (10') wide municipal use easement along all street frontages prior to formal approval of the final development plan for the site. 22. Ingress/egress to the site for construction shall be from 12t' Street. No ingress or egress of machinery or trucks shall be allowed from SR 50. 23. The applicant/permittee shall be required to maintain swales and/or other acceptable erosion protection devices along all roadways (temporary or permanent) which are utilized for construction of the structures and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 24. The applicant/permittee shall widen Montrose Street fdf addition of a second east bound egress lane to 12t~ Street. A five feet (5') wide sidewalk shall be constructed adjacent to the 3 CITY OF CLERMONT RESOLUTION NO. 1295 Page - 4 - new egress facility in conformance with plans approved by the City Site Review Committee. The City shall be provided the option to widen the north side of Montrose Street to afford parking space for the City recreational facility. Optional parking that may be provided on the north side of Montrose Street shall be at the total expense of the City. Section 4 - Stormwater Manaclement 25. Permeability tests shall be submitted as part of the site plan review process. 26. Verification of the stormwater run-off data, assumptions and calculations shall be provided to, and approved by, the City Engineer prior to any development activity. Positive outfall for stormwater shall be provided to, and approved by, the City Engineer. 27. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a development permit or any development activity on the site. No construction or development activity shall proceed on the site until stormwater abatement activities have been approved by the City Engineer.. 28. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape, grass, and sod in accordance with plans approved by the City Site Review Committee. Section 5 -Site Iml~rovements/Landscal~ina 29. All signage shall conform to adopted City Codes and Standards. 30. The developer/permittee shall install a minimum five feet (5') wide vegetative buffer adjacent to abutting uses, roadways and parking areas in accordance with adopted City Code. Other required landscape buffering and screening shall be as approved by the City Site Review Committee. All required landscaping shall be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. 31. Any dumpster and/or other external equipment sites shall be enclosed with masonry structures with wooden gates. All such structures and appurtenances shall be landscaped in accordance with City code and plans approved by the City Site Review Committee. 32. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. 33. Architectural finish, building elevation, and landscape design plans for each structure and the site shall be submitted to and approved by the Site Review Committee prior to any development activity on the site. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF NOVEMBER 2002.