R-01-1197• •
r\
U
CITY OF CLERMONT
RESOLUTION
NO. 1197
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
PROFESSIONAUMEDICAL OFFICE COMPLEX IN WHICH THE BUILDING ON STATE ROAD 50 IS
ALLOWED C-1 PERMITTED USES AND RESTAURANT USE LIMITED TO 1,500 SQUARE FEET.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held April 3, 2001 recommended approval of this Conditional Use Permit to allow the
construction of a Professional/Medical office complex in which the building on State Road 50 is allowed
C-1 permitted uses and restaurant use limited to 1,500 square feet, at the following location:
LEGAL DESCRIPTION
Lots 3 through 6, lots 12 through 14, lots 24 through 26, lots 28 through 43, Summit Subdivision, in Lake
County, Florida, according to the plat thereof recorded in Plat Book 8, Page 7, Public Records of Lake
County, Florida. Less the right-of-way for State Road 50 as represented in Quit Claim Deed dated
4/15/50, filed 8/5/50 and recorded in Deed Book 301, Pages 313 and 314 of the Public Records of Lake
County, Florida.
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; to allow the construction of a Professional/Medical
office complex in which the building on State Road 50 is allowed C-1 permitted uses and restaurant use
limited to 1,500 square feet
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont, Lake County,
Florida that:
SECTION 1.
This application for a Conditional Use Permit to allow the construction of a Professional/Medical office
complex in which the building on State Road 50 is allowed C-1 permitted uses and restaurant use limited
to 1,500 square feet be granted subject to the following conditions:
CONDITIONS:
Section 1 -General Conditions
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, additions to the use, or additions to the facility shall be permitted
except as approved by another Conditional Use Permit.
3. 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.
• •
•
CITY DF CLERMONT
RESOLUTION
NO. 1197
Page-2-
4. 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, and Ordinances, and provide compliance with the adopted City
Comprehensive Plan, as amended.
5. If any of the state conditions are violated, the applicant understands and agrees that the City
Council may revoke the Conditional Use Permit by resolution.
6. The permit shall become null and void if substantial construction work has not begun within two
(2) years of the date of issuance of the Conditional Use Permit. "Substantial construction work"
means the commencement and continuous prosecution of construction of required improvements
ultimately finalized at completion.
Section 2 -Land Use
1. C-1 permitted uses and a restaurant use of up to 1500 sf are allowed in the building on S.R. 50
and professional office uses in the remaining buildings. Permittee shall be allowed as much
• restaurant space as parking will allow for up to 1500 square feet. The conceptual site plan
submitted with the CUP does not provide adequate parking to support a typical 1500 square foot
restaurant. Drive throughs shall be prohibited.
2. In order to provide for optimal access management, internal circulation, and stormwater, etc., the
entire parent parcel is to be developed as a single, integrated project. No site plan for the
commercial portion of the property shall be approved unless it is integrated with uses on the
remainder of the parent parcel. This does not preclude development of the commercial portion of
the property prior to approval of a site plan for the remainder of the parcel.
Section 3 - Physical Site Development
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 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 8:00 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
workday.
3. All 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 the City
as part of the Site Review process.
•
CITY OF CLERMONT
RESOLUTION
NO. 1197
Page-3-
•
5. The Permittee shall seed and mulch, sod, or provide other approved ground cover on all
disturbed areas where construction is not immediately intended.
6. In areas where substantial earthwork 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.
7. A dust abatement plan shall be submitted to the City detailing measures to be taken in eliminating
the migration of dust particles from the site.
8. 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.
9. Ingress /egress to the site for construction shall be as approved by the City Site Review
Committee.
10. The Permittee {Developer shall be responsible for the cost of all required on site and off-site
infrastructure improvements necessitated by impacts of the project.
• Section 4 -Transportation Improvements
1. Sidewalks shall be constructed along all roadways in conformance with City and Florida
Department of Transportation (FDOT) standards, the length of the subject property. Construction
shall be provided in accordance with adopted City Codes.
2. The Permittee /Developer shall provide off street parking and loading spaces as required by City
Code. All required parking and vehicular use areas shall be landscaped in conformance with
adopted City Code.
3. The Permittee /Developer shall construct internal traffic connection links that provide direct
transportation access between the parcels to be initially developed and those identified for the
future development.
4. Roadway improvement plans for State Road 50 and the project site, including but not limited to,
access drives, accel / decel lanes, turn lanes, and internal signage and traffic movement lanes
shall be submitted to and approved by the City Site Review Committee, the Florida Department of
Transportation and Lake County 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.
5. The Permittee /Developer shall submit a traffic analysis /trip generation report that identifies the
development's impact to State Road 50, Citrus Tower Blvd., and Hook St.
6. A Florida Department of Transportation (FDOT) permit will be required and filed with the City of
• any activity proposed to occur along State Road 50 right-of-way prior to issuance of development
approval or permitting by the City.
• •
CITY OF CLERMONT
RESOLUTION
NO. 1197
Page - 4 -
7. Right-of-way for the Citrus Tower Blvd. shall be dedicated prior to the approval of construction
plans and in an amount to be determined by Lake County and the City of Clermont.
8. Proper access shall be provided to the residential properties to the east and west of the subject
property.
9. The driveway connection to Citrus Tower Blvd. must be made at the time Citrus Tower Blvd. is
constructed.
10. Signage shall be provided on State Road 50 that directs the public and emergency vehicles to
Hunt and Helen Streets rights-of-way.
11. Since the variance requested by the developer for 10' setbacks from Helen and Hunt Street
rights-of-way has been granted, the developer agrees to petition to vacate Helen and Hunt
Streets. Developer further agrees to grant or convey its interest in the vacated rights-of-way to
abutting property owners.
Section 5 -Site Improvement / Landscapin
1. All ground signs on the property shall be monument signs. Signage for the out parcels shall be
monument signs and shall not exceed 10 ft. in height. The out parcel signs shall be limited to 100
s.f. in size, including the sign face, monument, and base. Out parcel signs shall have a minimum
2 ft. base and be landscaped with shrubs or ground cover according to City Code.
2. A minimum 10 ft. landscape buffer shall be provided along S.R. 50. Buffering and screening shall
be required from all abutting uses in accordance with adopted City Codes and in conformance
with the approved site and landscaping plan approved by the City Site Review Committee. All
required landscaping must be served with a permanent irrigation system, backflow prevention
device, and rain sensor gauge. The system and all dependent devices shall be property
maintained.
3. A site lighting plan shall be submitted and approved for each parcel developed on the site.
Lighting shall be designed, installed and directed to fall upon the subject site and not adversely
impact abutting properties.
4. All dumpster and other external equipment site shall be enclosed with masonry structures with
wooden or metal gates. All such structures and appurtenances shall be landscaped in
accordance with City Code and plans approved by the City Site Review Committee.
5. Architectural finish, building, and landscape design plans for the each building shall be submitted
to and approved by the Site Review Committee prior to construction to ensure aesthetic and
public safety considerations are not adversely impacted.
6. The Permittee shall grant cross-access utility maintenance easements in a form acceptable to the
City. Any such cross-access utility easement granted shall contain a condition requiring any
benefited adjacent parcel to participate in the maintenance of the easement area.
• •
•
CITY OF CLERMONT
RESOLUTION
NO. 1197
Page - 4 -
Section 6 -Variance
The permittee shall be allowed a setback from Hunt St and Helen St. rights-of-way of ten (10) feet
rather than the 25 feet per code.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 8th DAY OF May 2001.
ro d Turvi le, Mayor
Att St: .~'
J eph Van ~ ,City Jerk
•
•