R-01-1176•
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CIZ}'O~ CL~~,M091(7
RESOLUTION
NO. 1176
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 72,000 SQUARE
FEET OF PROFESSIONAL OFFICE SPACE ON THE PORTION OF THE PROPERTY ZONED R-3
RESIDENTIAUPROFESSONALDISTRICT, (PHASE 2); AND FINANCIAL INSTITUTIONS,
RESTAURANTS, PROFESSIONAL OFFICE, AND/OR UP TO 15,000 SQUARE FEET OF GENERAL
RETAIL SPACE ON THE PORTION ZONED C-2 COMMERCIAL DISTRICT (PHASE I).
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida
at a meeting held January 4, 2001 recommended approval of this Conditional Use Permit to allow the
construction of a 72,000 square feet of professional office space on the portion of the property zoned R-3
Residential/Professional District, (Phase 2); and financial institutions, restaurants, professional office,
and/or up to 15,000 square feet of general retail space on the portion zoned C-2 Commercial District
(Phase I) at the following location:
LEGAL DESCRIPTION
See Attachment "A"
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:
SECTION 1.
This application for a Conditional Use Permit to allow the construction of 72,000 square feet of
professional office space on the portion of the property zoned R-3 Residential/Professional District,
(Phase 2); and financial institutions, restaurants, professional office, and/or up to 15,000 square feet of
general retail space on the portion zoned C-2 Commercial District (Phase I) 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.
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. The property shall be developed in substantial accordance with the conceptual site plan dated
• October 2000 as prepared by Kimley-Horn and Associates incorporating all conditions of this
Conditional Use Permit and the Developer's Agreement executed by the City of Clermont and
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South Lake Center, Inc. Formal site plans shall be submitted for review and approval by the City
of Clermont Site Review Committee prior to authorization and issuance of a development permit.
4. Construction and operation of the proposed use shall at all time comply with the regulations of
this and other governmental agencies.
5. 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.
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 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.
7. All applicable rules and regulations for development within the City shall be met, including but not
limited to, final approval, landscaping, drainage, parking and sign regulations, and all setbacks.
All required landscaping must be served with a low volume, permanent irrigation system that
must be properly maintained. The drainage and stormwater retention requirements of the City
and the appropriate regulatory agencies shall be met, and approved by the City Engineer.
8. 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.
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. Permitted land uses shall be developed as single tenant, stand-alone structures. The following
uses shall be allowed on the commercial portion of the property (Phase 1): Banks/Financial
institutions, professional offices, restaurants with drive throughs (other than fast food), and
general retail pursuant to a conditional use permit up to a maximum of 15,000 square feet.
Service stations and convenience stores are prohibited.
2. Professional office use shall be allowed on the portion of the project with R-3 zoning and
residential/professional land use classification (Phase 2).
3. Phases of development. In order to provide for optimal access management, internal circulation,
and stormwater, etc., the entire 9 acre 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.
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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.
5. The Permittee /Developer shall provide both temporary and permanent grassing including
fertilizer application on all disturbed areas where construction is not immediately intended. Said
. plan shall be provided in accordance with an approved ground cover plan acceptable to the City
in accordance with best management practices (BMP) of the USDA Soil Conservation Service.
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.
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 the USDA Soil Conversation Service and the Florida Department of
Environment Protection (FDEP).
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. Slopes greater than 3:1 shall be prohibited.
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.
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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, appropriately, 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. At such time as signalization is determined warranted and
necessary on Highway 50, the permittee/developer shall pay a pro rata share of improvement
costs based on traffic counts. 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.
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.
• 7. The applicant shall be required to maintain swales and / or other acceptable erosion protection
devices along SR 50, and / or other roadways (temporary or permanent) which are utilized for
construction of the project and property. Said improvements will be approved and inspected by
the City Engineer prior to any development activity being conducted.
Right-of-way for the connector road (Oakley Seaver Drive) shall be dedicated prior to the
commencement of construction and in an amount to be determined by Lake County and the City
of Clermont as necessary to complete the connection from S.R. 50 to Hook St.
The permittee shall construct up to 48,000 sf of office space in Phase 2 prior to the construction
of the connector road (Oakley Seaver Drive) to the professional office entrance.
Section 5 -Stormwater Management
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, 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 by the City Engineer.
3. A St. Johns 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.
4. 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.
5. Final disposition of stormwater outfall shall be as approved by the City Engineers and FDOT.
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Section 6 -Site Improvement /Landscaping
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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.
The monument sign shall have a minimum 2 ft. base and be landscaped with shrubs or ground
cover according to City Code.
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 commercial center 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.
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.
Section 7 -Variance
Permittee shall be allowed to utilize off-site stormwater retention as shown on the site plan dated
October 2000, prepared by Kimley-Horn and Associates, Inc.
DONE ArID RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23`d DAY OF JANUARY 2001.
arold S. Turville, Jr., Mayor
Atte
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Jos Van Zile, Cit erk