R-2010-04CITY OF CLERMONT
RESOLUTION N0.2010-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE
MODIFICATION OF THE EXISTING SITE PLAN AND USES.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held January 5, 2010 recommended for approval of this amendment
to a Conditional Use Permit to allow the modification of the existing site plan and uses; at the
following location:
LOCATION:
2500 South Highway 27
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 the modification of the
existing site plan and uses; be granted subject to the following conditions:
CUP CONDITIONS:
Section 1 -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 only be used for the
purposes described herein. 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.
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CITY OF CLERMONT
RESOLUTION N0.2010-04
5. The property may be used as a Family Christian Center Church facility for the following
purposes:
• Education Programs to include pre-school through 12th grade, after care program,
Christian College, library, summer programs (to include camps & Vacation Bible
School), church programs to include food outreach ministry, thrift store,
vocational training center, and other special events.
Recreation Amenities:
Public Park which can include, but not limited to, a play ground, water recreation,
volley ball courts, tennis courts, swimming pool, baseball diamond, multi-use
recreational field with goals, exercise paths, maintenance/storage building not to
exceed 5,000 square feet, pavilions, and picnic area. Some of these venues may
require an admission fee or cost to participate. These funds will go directly into
the Family Christian Center of Clermont, Inc. non-profit (SOlc3) corporation.
Five multi-use modular buildings to be used for education and administration.
Open outside area to be used for multiple fund raising events (Christmas Tree &
Pumpkin sales, etc). Applicable permits will be secured for each event.
Multi-use modular buildings totaling 9,000 square feet to used for education,
administration, church services, and special events.
• 67,000 square feet multi-use building (Phased Implementation):
May be used for pre-school, school, special events, food services/restaurant,
fitness/recreational facility, (rock wall, trampoline, arcade, etc.). Some of these
venues will require an admission fee or cost to participate. These funds will go
directly into the Family Christian Center of Clermont, Inc. non-profit (501 c3)
corporation.
• 90,000 square feet Church Sanctuary to be used for church services and special
events. Support facilities to include: kitchen, cafeteria, bookstore, reception area,
pre/post production, audio/video reproduction.
• 70,000 square foot multi-use building for Education Programs: pre-school
through 12th grade, after care program, Christian College, administration. (Phased
Implementation).
• 20,000 square foot Storage Facility (maximum): Used for Grounds/Building
Maintenance/Storage (Phased Implementation). Multiple buildings allowed, but
shall not exceed maximum square footage. Excludes recreation
maintenance/storage listed above.
• 1,500 Unit Parking Garage (multiple levels).
• 100,000 square feet flex building:
Recreational and game uses, gymnasium, special events, concerts, cafeteria,
bookstore, office space.
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CITY OF CLERMONT
RESOLUTION N0.2010-04
6. 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 show location of all proposed buildings, structures, picnic areas, parking, and
outdoor recreation areas as indicated in the Conditional Use Permit application. 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
low volume, permanent irrigation system that must be properly maintained. The drainage
and storm water 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 two (2) years 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.
10. In the event that the noise levels create a nuisance to the surrounding property owners,
the City reserves the right to open the Conditional Use Permit for further review and
additional conditions.
Section 2 -Physical Site Develoament
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:OOam to 6:OOpm 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:OOam and
7:OOpm Monday through Saturday. Heavy equipment or heavy machinery engines will
not be started earlier than 7:OOam on any approved work day.
3. Any 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.
CITY OF CLERMONT
RESOLUTION N0.2010-04
5. The permittee/developers shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas. Grassing shall be provided in accordance
with Best Management Practices (BMP) of the United States Department of Agriculture
Soil Conservation Service.
6. In areas where earth work requires filling/compaction, density tests will be conducted at a
maximum of two-foot intervals in order to prove compaction requirements. All disturbed
soils shall be compacted to 95 percent density of modified proctor.
7. Any 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 three to one shall be
prohibited.
8. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
9. 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. Connection to
available City potable water and sanitary sewer shall be the responsibility of the
permittee.
10. The property owner and applicant shall provide a thirty (30) foot wide utility easement
for connection to City utilities near Brogden Road. The utility easement shall be
provided the length of the subject property. Said easement shall be provided within
ninety (90) days of formal grant by the City Council, prior to formal approval of the site
plan, and prior to any form of development activity on the site.
11. All dry retention ponds can be used for recreational activities which may or may not
include concrete step access, with City engineering approval.
Section 3 -Transportation Improvements
1. The permittee/developer shall construct a sidewalk adjacent to U.S. Highway 27 in
accordance with adopted City Code and Florida Department of Transportation (FDOT)
Standards. The current Florida Department of Transportation U.S. Highway 27 widening
plans indicate a sidewalk will be provided as part of the project. If the Florida
Department of Transportation does not provide said sidewalk, the property owner shall
be obligated to construct it within one (1) year after the completion of the U. S. Highway
27 widening project. Said sidewalk shall be constructed at a length and location as
approved by the City Site Review Committee and the Florida Department of
Transportation.
2. The permittee/developer shall provide off-street parking and loading spaces in the
following manner:
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CITY OF CLERMONT
RESOLUTION N0.2010-04
(a) The initial church facility shall construct sixty (60) parking spaces of impervious
material as required by City Code.
(b) Fifty (50) spaces may be proved as grass parking area. All grass parking areas shall
be maintained and be provided with concrete bumper stops for proper parking space
delineation. Grass parking only in approved locations.
(c) All said required parking and vehicular use areas shall be landscaped in conformance
with adopted City Code. Parking variances will be applied for as needed.
3. Roadway improvement plans for U.S. Highway 27 and the project site, including but not
limited to, access drives, acceleration/deceleration 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 and the Florida Department
of Transportation. All transportation improvement related plans shall be submitted and
approved prior to commencement of any development activity for any portion of the
project. Project specific on-site/off-site transportation improvements consistent with
identified project impacts will be the sole responsibility of the developer.
4. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
5. A Florida Department of Transportation (FDOT) permit will be required and filed with
the City for any activity proposed to occur along U.S. Highway 27 right-of--way prior to
issuance of development approval or permitting by the City.
6. The applicant shall be required to maintain swales and/or other acceptable erosion
protection devices along U.S. Highway 27, and/or other roadways (temporary or
permanent) which are utilized for construction of the project and property. Said
improvements shall be approved and inspected by the City Engineer prior to any
development activity being conducted.
7. Traffic studies may be required at a future date if determined by the City and the
Metropolitan Planning Organization, and resulting proportionate fair share may be
required.
Section 4 -Stormwater Management
1. Permeability tests must be submitted as part of the site plan review process. Permeability
shall be maintained.
2. 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 as approved by the City Engineer.
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CITY OF CLERMONT
RESOLUTION N0.2010-04
3. 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.
4. Stormwater retention areas shall be constructed at a maximum relief 3 to 1 (H:V). The
side slopes shall be sodded. All other areas being disturbed shall be stabilized with
landscape and sod in accordance with adopted City Code.
5. Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Imarovements/LandscauinE
1. The developer\permittee shall maintain a minimum fifty (50) foot wide natural vegetative
buffer from all abutting uses and along the southernmost 500 (+/-) feet of right-of--way
adjacent to U.S. Highway 27. A minimum five (5) foot wide vegetative buffer shall be
established in accordance with adopted City Code along the northern 550 (+/-) feet of
right-of--way adjacent to U.S. Highway 27. Said buffer shall be indicated on the final
approved site plan and landscaping plan approved by the City Site Review Committee.
The U.S. Highway 27 buffer and all required interior parking and vehicular use area
landscaping shall be served with a permanent irrigation system, backflow prevention
device, and rain sensor gauge. The required irrigation system and all dependant devices
shall be properly maintained.
2. Increased landscaping with canopy trees with staggered planting as approved by the Site
Review Committee shall be provided along the southern border where space is available,
as a buffer to the residents.
3. A six-foot opaque fence shall be provided at/near the southern property line for the open
areas adjacent to the playground activity area.
4. A six-foot black chain link fence shall be provided along the southern property line and
tied in to the wall (3. above). Gate access provided for maintenance as needed.
5. A site lighting plan shall be submitted and approved for the property. All lighting shall
be designed, installed and directed to fall upon the subject site and not adversely impact
abutting properties or U.S. Highway 27 traffic.
6. The permittee shall contract solid waste (refuse) service and construct appropriate
dumpster facilities in accordance with adopted City Code. All dumpster and 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.
Construction details and location of said structures shall be provided on development
plans approved by the City Site Review Committee.
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RESOLUTION N0.2010-04
7. Architectural finish, building, and landscape design plans for the facility 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.
Recreation facilities bordering the southern and western property lines shall post the
operating hours to be dawn to dusk, but not later than 9:00 P.M. during the summer.
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Section 6 -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 new fencing within public view shall be ornamental metal or brick.
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.
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 23rd day of February, 2010.
Harold S. Turville, Jr., Mayor
ATTEST:
Tracy Ac oyd, City Cl
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