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R-01-1169• • • CITY OF CLERMONT RESOLUTION NO. 1169 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 HOTEL AND RESTAURANT, LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT AT THE FOLLOWING LOCATION: LEGAL DESCRIPTION That part of Tract 11, Lake Highlands Company Subdivision as recorded in Plat Book 2, Page 28, of the Public Records of Lake County, Florida lying in Section 28, Township 22 South, Range 26 East lying north of northerly right-of-way of State Road 50; LESS AND EXCEPT that tract of land conveyed to Florida Power Corporation and recorded in ORB 91, Page 572 of the Public Records of 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 hotel and restaurant, located in the C-2 General Commercial District be granted subject to the following conditions: Section 1 -General Conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and successors in title or interest. 2. No further expansion of 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 September 27, 2000 as prepared by McCoy and Associates. Construction plans incorporating all conditions of this Conditional Use Permit shall be • • • u CITY OF CLERMONT RESOLUTION NO. 1169 Page - 2 - submitted for review and approval of the Site Review Committee prior to authorization and issuance of a development permit. 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 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. 5. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 6. 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. 7. The Conditional Use Permit must be executed and filed in the office of the City Clerk within 90 days of its date of grant by the City Council or the permit shall become null and void. 8. This permit shall become null and void if substantial construction work has not begun within two (2) years of the date of this Conditional Use Permit is executed and signed by the permittee. "Substantial construction work" means the commencement and continuous prosecution of construction of reauired improvements ultimately finalized at completion. Section 2 -Land Use The property is to be developed as hotel, convention center, and restaurant. 2. The restaurant is prohibited from having a drive through. Section 3 - Physical Site Development 1. The applicant shall submit a detailed grading plan in conjunction with the CUP to be approved by the City Council. Detailed grading, erosion control, and dust abatement • • • • CITY OF CLERMONT RESOLUTION NO. 1169 Page-3- plans for the entire site shall be submitted to and approved by the Site Review Committee prior to construction plan approval and the initiation of development activity. 2. The permittee/developer shall provide ground cover on all out parcel and disturbed areas where construction is not immediately intended. Ground cover 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. 3. A dust abatement plan shall be submitted to the City detailing measures to be taken to eliminating the migration of dust particles from the site. 4. All area being modified to a slope of three (3) horizontal to (1) vertical (3:1) or greater shall be sodded. • Section 4 -Transportation Improvements 1. Roadway improvement plans for State Road 50, the reverse frontage road, connector roads 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, 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. 2. Prior to any construction, the permittee/developer shall provide a traffic study that identifies the development's impact on the City's transportation system. Project expansion whose site location, anticipated total trip generation, circulation patterns, or other such factors that warrant a more extensive review of traffic impacts may also be required a traffic analysis; performance shall be contingent upon formal notification by the City. • • CITY OF CLERMONT RESOLUTION NO. 1169 Page - 4 - 3. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 4. A Florida Department of Transportation (FDOT) permit will be required and filed with the City for any activity proposed to occur along Highway 50 right-of-way prior to issuance of development approval or permitting by the City. 5. The permittee shall dedicate up to sixty (60) feet of right-of-way and construct the north-south road connection from the reverse frontage road to SR 50. The designated road shall be permitted as a right-in/ right-out facility at SR 50, off. Formal construction shall be as approved by the City Site Review Committee. Right-of-way dedication shall be provided prior to any construction or development activity on the site. 6. The permittee shall dedicate up to eighty (80) feet of right-of-way and construct the reverse frontage road the length of the subject property. Right-of-way dedication shall be provided prior to any construction or development activity on the site and roadway construction plans shall be approved by the Site Review Committee. The frontage road must be constructed from the subject property to Citrus Tower Blvd. prior to the issuance of a certificate of occupancy for the hotel. Section 5 -Landscaping/Site Development All signage shall conform to adopted City Codes and Standards. 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. All required landscaping must be served with a permanent irrigation system, backflow prevention device, and rain sensor gauge. The system and all dependant devices shall be properly 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. • CJ • • CITY OF CLERMONT RESOLUTION NO. 1169 Page - 5 - 4. 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 and plans approved by the City Site Review Committee. 5. Architectural finish, building, and landscape design plans for the professional offices 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. The design of the hotel shall be substantially consistent with the conceptual architectural elevation as prepared by CDH Partners and presented at the City Council meeting on January 23, 2001. See Exhibit "A" DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 23rd DAY OF January 2001. Attest: arold S. Turville, Jr., Mayor pli E. Van ~i'fe, City Clerk • • ~` ~~~ J „~~~ i ' n ,. -- • i ! ~~ ~-l I ~'~_/ ~(, i~ :7 ~,___ ~~ j~_"- / J I ~ ~ j~ ~~ ; ~-' l ? `~ j` f-- ~~ ~ -'C (' ~ ~, ;; / ~~ ` ,1 l ~~ ., ~, =1= U~= C ~` C: f ,~ 4- JL ~.-~ 1~ '-"7 l~~ ~~ `` V _~`, ~ r 0 O ~ M A ~ Q ~ ~ V r- ~./ 2 ~ M O C ~ ~ ¢r ~ ~ A g ~~ ~~~ ~ a ~~~~ ~ a c o