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R-05-1434• CITY OF CLERMONT RESOLUTION NO. 1434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO 1384 TO ALLOW FOR 1) THE CONSTRUCTION OF A PUBLIC PARK; 2) TO ALLOW FOR THE ADDITION OF FIVE (5) PORTABLE CLASSROOMS FOR AN ADDITIONAL 8,640 SQUARE FEET OF SPACE; 3) TO REMOVE THE REQUIREMENT FOR A SIDEWALK TO BE CONSTRUCTED ADJACENT TO HIGHWAY 27; 4) TO ALLOW FOR PERVIOUS RATHER THAN IMPERVIOUS DRIVE AISLES FOR PARKING; AND 5) TO ALLOW FOR THE CONSTRUCTION OF A TWO-STORY MULTI-USE BUILDING OF APPROXIMATELY 50,000 SQUARE FEET. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held April 5, 2005 approved this Conditional Use Permit to amend Resolution No. 1384 to allow for 1) The construction of a public park; 2) To allow for the • addition of five (5) portable classrooms for an additional 8.640 square feet of space; 3) To remove the requiremer~ for a sidewalk to be constructed adjacent to Highway 27; 4) To allow for pervious rather an impervious drive aisles for parking; 5) To allow for the construction of a two- story multi-use building of approximately 50,.000 square feet at the following location: LOCATION 2500 S. 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 a Conditional Use Permit to amend Resolution No. 1384 to allow for 1) The construction of a public park; 2) To allow for the addition of five (5) portable classrooms for an additional 8.640 square feet of space; 3) To remove the requirement for a sidewalk to be constructed adjacent to Highway 27; 4) To allow for pervious rather an impervious drive aisles for parking; 5) To allow for the construction of a two-story multi-use building of approximately 50,.000 square feet; be granted subject to the following conditions: • CITY OF CLERMONT RESOLUTION NO.1434 Page - 2 - 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 the 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. 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 50,000 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 ~ lin cable 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 L~ 2 CITY OF CLERMONT RESOLUTION NO.1434 Page - 3 - 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 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. 3 • CITY OF CLERMONT RESOLUTION NO. 1434 Page - 4 - 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 - Transaortation Imarovements 20. 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 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). 21. The permittee/developer shall provide off-street parking and loading spaces in the following manner: (a) The initial church facility shall construct sixty (60) 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 4 CITY OF CLERMONT RESOLUTION NO. 1434 Page - 5 - 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. 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. 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. 5 CITY OF CLERMONT RESOLUTION NO. 1434 Page -6- Section 5 -Site Improvements/Landscaain~ 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 ofright-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 ofright-of--way adjacent to 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 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. 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. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF APRIL 2005. ~--- arold Turville, Mayor Attest. Tracy Ackroyd, ity Clerk 6