R-07-1515CITY OF CLERMONT
RESOLUTION
NO. 1515
Page - 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE MODIFICATION
OF THE SITE PLAN
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Laike
County, Florida at a meeting held February 6, 2007 recommended for approval of t~4is
Conditional Use Permit to allow for the modification of the site plan at the following location:
LOCATION
One mile south of Hwy 50 on Hwy 27. (adjacent to the Harley Davidson dealer)
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 for the modification of the site plan; be
granted subject to the following conditions:
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 preset
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
CITY OF CLERMONT
RESOLUTION
NO. 1515
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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 Lamd
Development Regulations and City Code of Ordinances.
5. The property may be used as a Family Christian Center Church facility with educational
programs including pre-school through 12th grade, a pastors college, a public park, and a 44,Op0
square foot multi-use building. Five modular buildings may be permitted for classroom use.
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, and outdoor recreation
areas as indicated in the Conditional Use 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 mkt,
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 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
CITY OF CLERMONT
RESOLUTION
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through Saturday. Heavy Equipment or heavy machinery engines will not be started earlier than
7:00 A.M. on any approved work day.
12. Any excavated material shall be stored in a location approved by the City Engineer.
13. Geotechnical information regarding the soil characteristics of the site shall be submitted
to the City as part of the Site Review process.
14. 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 U.S.D.A. Soil Conservation Service.
15. In areas where 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.
16. 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 3:1 shall be prohibited.
17. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
18. 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.
19. The property owner and applicant shall provide a thirty (30) feet 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.
Section 3 -Transportation Improvements
20. The permittee/developer shall construct a sidewalk adjacent to U.S. Highway 27 an
accordance with adopted City Code and Florida Department of Transportation (FDOT)
Standards. The required sidewalk shall be provided within one (1) year after the completion of
the 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
(FDOT).
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RESOLUTION
NO. 1515
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21. The permiee/developer shall provide off-street parking and loading spaces in the
following manner: (a) The initial church facility shall construct sixty (6Q) parking spaces of
impervious material as required by City Code. (b) Fifty 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. (c) All said required parking and vehicular use areas shall ~be
landscaped in conformance with adopted City Code.
22. Roadway improvement plans for US Highway 27 and the project site, including but not
limited to, access drives, accel/decel 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.
23. Ingress/egress to the site for construction shall be as approved by the City Site Review
Committee.
24. A Florida Department of Transportation (FDOT) permit will be required and filed with
the City for any activity proposed to occur along US Highway 27 right-of--way prior to issuance
of development approval or permitting by the City.
25. The applicant shall be required to maintain swales and/or other acceptable erosion
protection devices along US 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.
Section 4 -Stormwater Management
26. Permeability tests must be submitted as part of the site plan review process. Permeability
shall be maintained.
27. 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.
28. A St. 3ohn'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.
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RESOLUTION
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29. 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 and sod
in accordance with adopted City Code.
30. Final disposition of stormwater outfall shall be as approved by the City Engineer.
Section 5 -Site Imnrovements/Landscaning
31. All signage shall conform to adopted City Codes and Standards.
32. The developer\permittee shall maintain a minimum fifty (50) feet wide natural vegetative
buffer from all abutting uses and along the southern most 500 +/- feet of right-of--way adjacent to
US Highway 27. A minimum five (5) feet wide vegetative buffer shall be established in
accordance with adopted City Code along the northern 550 +/- feet of right-of--way adjacent ~o
US Highway 27. Said buffer shall be indicated on the final approved site plan and landscaping
plan approved by the City Site Review Committee. The northern US 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.
33. 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 US Highway 27 traffic.
34. The permittee shall contract solid waste (refuse) service and construct appropriate
dumpster facilities in accordance with adopted City Code. All dumpster and other externail
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.
35. 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.
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RESOLUTION
NO. 1515
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DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 27th DAY OF FEBRUARY 2007.
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ATTEST: ~ i ~ ,~~~' ;'
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Tracy Ackroyd, rty Clerk
Harold Turville, Mayor