R-01-1175•
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RESOLUTION
NO. 1175
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 RELAY
STATION, OF APPROXIMATELY 2,000 SQUARE FEET, FOR FIBER OPTIC CABLE, LOCATED IN
THE M-1 INDUSTRIAL DISTRICT.
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 relay station, of approximately 2,000 square feet, for fiber optic cable, located in the M-I
Industrial District at the following location:
LEGAL DESCRIPTION
All of Lot 8 in Clermont Commons, a Re-subdivision of Tracts 53, 54 and a portion of Tracts 59 and 60,
Lake Highlands Company, as recorded in Plat Book 4, Page 3, Section 17, Township22 South, Range 26
East, City of Clermont, 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;
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 relay station, of approximately
2,000 square feet, for fiber optic cable, 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 present owneNpermittee
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 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.
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5. The property may be used as a fiber optic relay booster station only. No change of the use or
additions to the use shall be permitted except as approved by another Conditional Use Permit. Testing of
the backup generators shall be limited to the hours of 10:00 a.m. to 4:00 p.m., Monday through Saturday.
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, 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 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 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 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 workday.
12. The permittee/developers shall provide sod, including fertilizer application, on all disturbed areas.
Grassing and fertilization shall be provided in accordance with best management practices (BMP) of the
U.S.D.A. Soil Conservation Service.
13. 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.
14. The fiber optics building shall be constructed in strict conformance with SBCCI Standards.
Section 3 -Transportation Improvements
15. A five feet (5') wide sidewalk shall be constructed along Hatteras Avenue in conformance with
City Standards. Construction shall be provided the length of the subject property, and in accordance with
adopted City Codes.
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16. The permittee/developer shall provide five (5) off-street parking spaces as required by City Code.
All said required parking and vehicular use areas shall be paved and landscaped in conformance with
adopted City Code.
Section 4 - stormwater Management
17. Permeability tests must be submitted as part of the site plan review process.
18. 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
to the industrial park common water retention area, and provided as approved by the City Engineer.
19. A St. John's River Water Management District stormwater permit or letter of exemption shall be
required and filed with the City prior to receipt of a development permit or any development activity on the
site.
Section 5 -Site Improvements/Landscapin
20. All signage shall conform to adopted City Codes and Standards.
21. A minimum five feet (5') wide landscape buffer shall be provided around the exterior of the chain
link fence. Said buffer is to consist of a continuous hedge of shrubs planted a minimum of 30 inches on
center and 24 inches in height. All other buffering and screening shall be provided 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 shall be served with a permanent irrigation system,
backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be
properly maintained.
22. A site lighting plan shall be submitted and approved for the parcel. Lighting shall be designed,
installed and directed to fall upon the subject site and not adversely impact abutting properties, South
Avenue or Commons Court traffic.
23. All 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 and plans
approved by the City Site Review Committee.
24. 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 on the site.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 23rd DAY OF JANUARY 2001.
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Harold S. Turville, Jr., Mayor
Attest: /'
• seph Van Zi ,City Clerk