Loading...
R-01-1204• • r~ L_J CITY OF CLERMONT RESOLUTION NO. 1204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A CONVENIENCE STORE/GAS STATION IN THE C-2 COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held June 5, 2001 recommended denial of this Conditional Use Permit to allow the construction of a convenience store/gas station at the following location: Legal Description See Attached 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 construction of a convenience store/gas station; 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. 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 an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development 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 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. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. • • • • CITY OF CLERMONT RESOLUTION NO. 1204 Page - 2 - 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 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. 8. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of 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. The proposed development may include the following uses: convenience store and gas station. 2. No drive throughs shall be allowed. 3. The final Certificate of Occupancy shall not be issued until a signal at the intersection of U.S. 27 and Hartwood Marsh Road has been approved by the Florida Department of Transportation. Section 3 - Physical Site Development 1. A dust abatement and soil erosion 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 immediately shall be seeded and mulched or sodded within 30 days after grading is completed. 2. A grease trap shall be installed. Size to be determined by Public Works Director. Section 4 -Transportation Improvements 1. A sidewalk shall be constructed along Hartwood Marsh Road. A sidewalk shall also be constructed from the north property boundary to the south boundary; its location and alignment with the other out parcels shall be coordinated with Halvorsen Development Corporation. Section 5 -Landscaping 1. Landscaping shall be provided in excess of code and maintained in perpetuity. All landscaping shall be serviced by a permanent irrigation system with rain sensor. Irrigation water shall be provided by irrigation well until such time as reuse water is available. After the system is charged with reuse water, the irrigation well shall be properly retired from service. 2. A minimum 10 ft. wide landscape buffer shall be provided along Hartwood Marsh Rd. and a minimum 20 ft. wide landscape buffer shall be provided along US 27. • 2 • CITY OF CLERMONT RESOLUTION NO. 1204 Page - 3 - Section 6 - Additional conditions as agreed to by the developer and representatives of the Whitehall/Kings Ridge Neighborhood Committee 1. Hours of operation are limited to between 5:00 am and 12:00 midnight. 2. Store and gas station delivery and pickup shall be restricted to between 7:00 am and 11:00 pm. 3. In the event the PIX store ceases to operate, all conditions of the existing CUP shall apply to a future convenience store/gas station user. 4. Roof top equipment shall be screened by parapet walls on all four sides of the convenience store building. Walls shall be as high as the highest mechanical unit on the roof. 5. Architectural elevations for all four sides of the building, particularly the rear of the store, shall be consistent with the architectural theme and design of the shopping center building. 6. The PIX store shall not place a "gas company" logo on the pump island canopy. Future users will • be subject to the sign regulations as adopted at that time. 7. The ground or freestanding signage shall be limited to one monument sign, eight ft. in height. The total sign area including sign face, monument, and base shall be limited to 100 square feet. These signage conditions shall apply unless superceded by applicable federal and state law regarding gas station/convenience store operations. 8. Light poles shall be limited to 25 feet in height. 9. Diesel fuel will be allowed. However, the operator of the gas station will not build or operate the station in such a manner as to appear as a "truck stop", nor will the operator encourage semi-trailer truck business. 10. Car wash facilities are prohibited. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF JUNE 2001. ___. i ~" Harold Turville, Mayor Att ~- J ph Van Zile, Ci C k • 3 ,~ ~ LEGAL DESCRIPTIONS HALVORSEN PROPERTY AT KINGS RIDGE OUT-PARCELS AND EASEMENTS • • OUT-PARCEL NO. 1 A PARCEL OF LAND LYING WITHIN SECTION 9, TOWNSHIP 23 SOUTH, RANGE 26 EAST, :LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: t :OMMENCE AT THE MOST WESTERLY CORNER OF LOT 814, WHITF.HAi .T . AT KINGS RIDGE .E'HASE I, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGES 75, "i'6 AND 77, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; THENCE RUN N18°22'36"W 30.00 xEET TO THE CENTERLINE OF WINSLEY STREET; THENCE DEPARTING SAID PLATTED E~OUNDARY RUN S71°3T16"W 62.00 FEET; THENCE S18°22'36"E 252.7? FEET; THENCE 525°11'33"W 55.17 FEET; TI~NCE S00°00'00"W 142.44 FEET; THENCE S 18~3'00'B 114.82 FEET TO THE POINT OF BEGINNING; TI~NCE COriTIl1UE 5183'00"E 143.00 FEET; TI~NCE 5:55°00'00"E 147.68 FEET; TI~NCE S00°18'00"W 40.00 FEET TO A POINT THAT IS 50.00 FEET :NORTH (BY PERPENDICULAR. MEASUREMENT) OF THE EAST-WESTMID-SECTION LINE OF Sl'sCTION 9; T~iENCE PARALLEL WITH SAID MID-SECTION LINE RUN N89°42'OS"W 343.37 l~'sET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 27; TI~NCE AI;ONG SAID RIGHT-OF-WAY LINE RUNN l 82'36"W 189.44 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN N71°3T00"E 249.98 FEET TO THE POINT OF BEGINNING. SI;'SJECT TO ALL EASEMENTS, RIGHT-OF-WAYS AND RESTRICTIONS OF RECORD. •