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R-06-1491CITY OF CLERMONT RESOLUTION • NO. 1491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 825 TO ALLOW FOR THE ADDITION OF AN AUTO RENTAL BUSINESS IN THE CLERMONT REGIONAL SHOPPING CENTER. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held September 5, 2006 approved this Conditional Use Permit to amend Resolution No. 825 to allow for the addition of an auto rental business at the following location: LOCATION Clermont Regional Shopping Center, E. Highway 50 near Grand Highway 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. 825 to allow for the addition of an auto rental business in the Clermont Regional Shopping Center; be granted subject to the following conditions: CONDITIONS: Section 1 General Conditions 1. The property shall be developed in substantial accordance with an approved site plan and Operation/Reclamation 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. 2. No further expansion of the use or additions to this facility shall be permitted except as approved by another Conditional Use Permit. 3. All applicable rules and regulations 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 permanent • irrigation system and must be properly maintained. The drainage and stormwater -1 - retention requirements of the City and the appropriate regulatory agencies shall be met, and approved by the City Engineer. These areas shall be properly • maintained. 4. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 5. Performance bonding shall be required for all infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and submitted by the Engineer of record and approved by the City Engineer. The City shall them determine the bond amount in accordance with adopted City Code regulations, The developer is responsible for the cost of all required on-site and off-site infrastructure improvements for the project. 6. In the event that construction has not begun within eleven (11) months from the date of the approval of this Conditional Use Permit the permittee, heirs or assigns in title shall provide complete reclamation of the site. Reclamation shall be performed in conformance with the reclamation plan (as required in Section 1, Item 1) approved by the City Engineer, and in accordance with accepted best management practices (BMP) designated by publications of the U.S.D.A. Soil Conservation Service and St. Johns River Water Management District. The • minimum reclamation plan shall address the following characteristics: A. Objective -The primary objective of the reclamation plan is to provide for a final project site which is conducive to future development, compatible with the surrounding topography and approximates pre-filling surface water drainage characteristics without subsequent erosion. The final grading of the project site shall conform to the grades, lines, slopes and contours shown on the approved reclamation site plan (as required in Section 1, Item 1). B. Grading and stabilization -All areas disturbed during the filling operation shall be graded, dressed and stabilized, in accordance with the approved reclamation site plan (as required in Section 1, Item 1) and the S.C.S recommendations. Topsoil from the site shall be stockpiled and applied as the final soil cover material for all reclaimed areas. Final side slopes shall not exceed an incline of 4:1 (H:V). The retention areas shall be regarded to the original dimensions and stabilized unless another approved site plan for the future development dictates otherwise. C. Landscaping and reforestation -Within 30 days of the expiration of the Conditional Use Permit, all areas of the subject site shall be seeded and mulched, or sodded, as required to control erosion and prevent the creation of washes, rills, gullies, etc. All site areas shall also be seeded with a quick -2- growing grass species which will provide an early cover during the season in which it is planted, and will not later compete with the permanent grassing. • All City of Clermont landscape and tree requirements for commercial properties shall be complied with. City requirements include a five foot landscape buffer along Grand Highway and SR 50 with one tree every 50' and a permanent irrigation system are to be provided. All reforestation operations shall provide a minimum density of 20 trees per acre. Acceptable tree species shall include but not be limited to any hardwood species in compliance with the City of Clermont Tree Ordinance. Conversely, tree species designated as undesirable by the City of Clermont Tree Ordinance shall not be acceptable. D. Reclamation time horizons - t the end of six months from the completion of the reclamation project, at least 80% of the reclaimed areas shall have permanently established ground cover. By the end of one year, ground cover shall be established on 100% of the reclaimed areas. Should erosion problems occur prior to final approvals by the City of Clermont, such eroded areas shall be regarded and stabilized as necessary to comply with the intent of this reclamation requirement. E. Structure and debris eradication -All debris, refuse, junk, poles, piling, cables and other construction related articles shall be removed from the project area as part of the reclamation process. Any structures erected during the filling operations shall be dismantled and removed, unless approvals from • the appropriate authorities permit otherwise. In general, the area shall be returned to natural conditions that are conducive to future development and compatible with the surrounding topography. 7. 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. 8. This permit shall become null and void if substantial work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. Section 2. Operation Plans (Excavation, Grading and Reclamation) are to be outlined for site alteration in an attached manual and submitted by the applicant: Geotechnical information regarding the soil to be placed on the property must be submitted. This information will be required before a development permit is issued. 2. Density tests will be conducted at a maximum of 2 foot intervals in order to prove compaction requirements. Fill shall be compacted to 95% density of modified proctor. -3- 3. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the • City Site Review Committee prior to initiation of development activity. 4. Prior to any site development activity the boundary of the designated 100-year floor plain shall be physically delineated. Upon formal delineation, silt barriers and hay bales shall be utilized for protection of all identified flood plain areas. Encroachment in any manner shall be disallowed. 5. Noise levels shall not exceed those recommended by F.D.E.R. 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 will not be started earlier than 7:00 A.M. 6. 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. The plan must specifically outline those measures recommended by F.D.E.R. 7. Ingress/egress to the site for construction shall be from Highway 50 east of Quincy's Restaurant. No ingress or egress of machinery or trucks shall be allowed on Grand Highway. • 8. A DOT permit will be required and filed with the City for fill activity along Highway 50 right-of way prior to issuance of a development permit by the City. 9. The applicant will be required to maintain swales or other acceptable erosion protection along the existing temporary haul road which runs between Jacks Lake north and south in the event the roadway is utilized for soil delivery to the property. This work will be inspected and approved by the City Engineer prior to any fill activity. 10. All excavated material shall be stored in a location approved by the City Engineer. 11. 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. Any areas being modified to a slope greater than two (2) horizontal to one (1) vertical (2:1), shall be stabilized with an approved geotechnical system and then sodded with along-stemmed grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City and the U.S.D.A. Soil Conservation Service. 12. All disturbed slopes in the fill areas shall be planted with a mixture of approved trees, at a ration to be agreed upon by the Site Review Committee and the developer, based upon advisory consultation of the USDA Soil Conservation Service. • -4- 13. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application which shall be provided in accordance with an • approve ground cover plan acceptable to the City with advisory consultation of the U.S.D.A. Soil Conservation Service located in Tavares. 14. The out-parcels located at the southeast corner of the site shall be hydro seeded and supplied with a constant source of irrigation that will ensure stabilization of each out-parcel. Section 3. With regards to a stormwater management plan, the following are required: 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 and other assumption & calculations must be provided and approved by the City Engineer prior to any development activity. 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a building permit or any development activity. • 4. Final disposition of stormwater outfall shall be to the existing south pond portion of Jack's Lake. Section 4. With regard to general improvements/landscaping of the site, the following shall be required: Sidewalks shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. 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. Trees shall be spaced at no less than fifty (50) feet intervals along the east and north buffer strips on the site. 3. All dumpster and other equipment sites shall be enclosed with masonry structures in accordance with plans approved by the City Site Review Committee. 4. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. • -5- 5. Architectural finish and unobstructed roadway design plans for the rear of the commercial center shall be submitted and approved to ensure aesthetic and public . safety considerations are not adversely impacted. 6. All signage shall conform to adopted City Codes and Regulations; Off site signage shall be disallowed. 7. Roadway improvement plans for State Road 50, Grand Highway, and the commercial site, including but not limited to, access drives, accel/decal lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved by the City Site Review Committee, FDOT and Lake County prior to commencement of any development activity. If signalization is determined necessary prior to any development on the south side of Highway 50 utilizing the signalization, total cast will be borne by this developer. Should development occur on the south side of Highway 50 which warrants signalization at that time, this developer shall pay a pro rata share based on traffic counts 8. The area designated at Retail "B" (10,000 square feet) maybe utilized as either retail space or as a learning center/day care facility. If the learning centerlday care facility option is utilized the operation of the business may not proceed until all applicable regulations of HRS and other appropriate regulatory agencies have been satisfied. 9. The permittee/developer shall provide a minimum of 796 parking spaces for the commercial center. The parking spaces to be allocated for the Kmart store maybe 9' • x 20' and double-striped, however, all remaining spaces shall be the standard 10' x 20'; all shall be designed and built in conformance with adopted City Codes and Regulations. 10. The existing billboard located on the out parcel shall be removed prior to issuance of a certificate of occupancy. 11. Commercial oriented laundry service uses shall be disallowed on the site. 12. Commercial display of commodities for sale in the shopping center shall be located within a completely enclosed building and conform to City regulations for storage, screening, and locational criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved for the City Manager. 13. The permittee agrees to dedicate twenty (20) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. 14. The northern most ingress/egress driveway shall be directly aligned with Almond Street. ~, U -6- 15. The area designated TBA (auto center) for the Kmart building shall be considered as an operations construction item. If the TBA (auto center) is not constructed the • permittee shall provide revised site plan drawings to the City which must be reviewed and approved prior to receipt of a certificate of occupancy for the Kmart building. 16. In the event that stormwater drainage easements cannot be executed with the adjacent Quincy's property, the permittee shall provide revised site plans to both the City of Clermont and St. Johns River Water Management District which must be reviewed and approved prior to receipt of a certificate of occupancy for any buildings on the site. 17. The permittee/developer shall construct an internal traffic connection link that provides direct access from Quincy's to the shopping center at the northwest corner of the Quincy's site, provided Quincy's executes an easement for the traffic connection link prior to December 10, 1993. In the event that Quincy's Does not provide an easement by December 10, 1993 the permittee/developer will construct the internal traffic connection link to their property line. Section 5 Amendment Resolution No. 825 approved July 26, 1994 to allow the operation of a Veterinary Clinic in the C-2 General Commercial Business District, as follows: • This application for a Conditional Use Permit to amend Resolution No. 811 to allow the operation of a veterinary clinic located in the G2 General Commercial Business District be granted subject to the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773 and 811, respectively. 2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 3. All animal services and confinement areas shall be located in air conditioned and sound attenuated areas. 4. Means, methods and measures for the sanitation and disposal of all by-products from the medical, surgical and hospitalization functions of the veterinary practice shall conform to requirements specified by the State Department of Environmental Health and other appropriate agencies charged with permitting and operation of a veterinary clinic. 5. Copies of &I required permits necessary for the veterinary operation shall be provided to the City to an occupational license being issued for the proposed use. • -7- 6. Kenneling andlor boarding of animals shall be prohibited. . 7. This permit shall become null and void if the business has not began operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 8. The final Certificate of Occupancy for the veterinary clinic, nor any other business located within the center, shall be issued until each of the stated conditions have been met and & site improvements have been completed including the following: a) Southwest slope adjacent to Quincy's stabilized, sodded and pegged. b} S.R. 50 right-of--way stabilized and sodded and all FDOT improvements completed and approved. c) Water retention area manhole and pipe installed and approved, and east WRA wall repaired, sodded and pegged. d) Entire slope area located along the rear of the shopping center totally completed and approved including slope stabilized, Sodded and pegged, and required trees and shrubs firmly established. 9. 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. Section 6 • This application for a Conditional Use Permit to amend Resolution No. 825 to allow the operation of an auto rental office/business located in the C-2 General Commercial Business District be granted subject to the following conditions: 1. Approval of the proposed use shall be conditioned upon compliance with all previous conditions specified in Resolutions 773, 811 and 825, respectively. 2. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 3. All rental automotives shall be parked/stored on the northeast perimeter corner of the parking lot, where 17 spaces are shown on the site plan by Design Service Group, dated August 1992. 4. A maximum of 15 spaces are allotted to the rental automotives that may be located at the location described in number 3. above. These 15 parking spaces are associated with a variance allocating these spaces, over and above the required parking spaces per code. 5. There shall be no exterior washing or detailing of any rental automotives occurring on the site. Any such cleaning and/or mechanical maintenance must be done off site at a proper facility. -8- 6. This portion of the permit shall become null and void if the business has not began • operation within one (1) year from the formal date of grant by the City Council for this Conditional Use Permit. 7. An Occupational License must be obtained from the City of Clermont for the auto rental office/business, prior opening for business. 8. If any of the stated conditions are violated, the applicant understands and agrees that the City Council may revoke the Conditional Use Permit by Resolution. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 26th DAY OF SEPTEMBER 2006. ~, it r' ^ t~F ~'. i _. . •~~ ~'~ ` ATTEST•~ '.% ~~ ....Tracy Ackroyd, n l Harold Turville, Mayor Clerk L:\Developments\CUP's\1491 Clermont Regional Shopping Center 9-26-06.doc -9-