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R-00-1168• • • CITY OF CLERMONT RESOLUTION NO. 1168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE HERMIT TO AMEND RESOLUTION N0.989 TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL MINI-WAREHOUSE FACILITY ON ADJOINING PROPERTY, LOCATED IN THE C-2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held November 8, 2000 recommended approval of this Conditional Use Permit to amend Resolution No. 989 to allow the construction of an additional mini-warehouse facility on adjoining property, located in the C-2 General Commercial District 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 amend Resolution No. 989 to allow the construction of an additional mini-warehouse facility on adjoining property, 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, additions to the use, or additions to the facility shall be permitted except as approved by another Conditional Use Permit. • • • CITY OF CLERMONT RESOLUTION NO. 1168 Page - 2 - 3. The property shall be developed in substantial accordance the conceptual site plan included with the application. Construction plans incorporating all conditions of this Conditional Use Permit shall be submitted for review and approval by the Site Review Committee prior to authorization and issuance of a development permit. 4. 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. 5. 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. • 6. Ingress and egress to all project warehouses shall be provided from the interior roadway system. Direct property ingress\egress shall be from US 27, as indicated on the approved site plan. 7. The developer/permittee shall install a six (6) foot high concrete block wall around the perimeter of the project. In addition to the perimeter wall, a five (5) feet wide, opaque vegetative buffer shall required adjacent to all residential uses. All other walls shall be landscaped according to code. 8. All storage shall be conducted within an enclosed structure. The outside storage of vehicles, watercraft, commodities or other items shall be prohibited. 9. The caretaker's quarters shall be considered an ancillary use contingent upon the mini-storage use. If the mini-warehouse use or facility ceases to exist, the.quarters for the caretaker shall in no way provide vested interest as a residence. 10. 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. • • CITY OF CLERMONT RESOLUTION NO. 1168 Page - 3 - 11. The mini-warehouse facility shall be utilized for storage purposes only. The manufacturing, wholesaling, or retailing of services, goods or materials shall be prohibited. 12. 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. 13. Hours of operation for the facility shall be limited to between 6:00 a.m. and 8:00 p.m. 14. On the existing facility, live oak trees shall be planted at the rate of one tree for every 50 feet of road frontage and between the existing palm trees within the landscape • buffer adjacent to U.S. Highway 27. The landscape buffer adjacent to U.S. Highway 27 on the new facility shall contain live oak trees planted in accordance with City Code. 15. The required landscape buffer along the northerly and westerly boundaries of the water retention area shall be required to contain one tree for each 50 lineal feet, rather than one for each 75 lineal feet per code. Section 2 -Site Development 1. 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. 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. • • • • CITY OF CLERMONT RESOLUTION NO. 1168 Page - 4 - 3. Ingress/egress to the site for construction shall be a's approved by the City Site Review Committee. Determination for selected ingress/egress locations shall be determined prior to the commencement of any development activity for a specific use or area. 4. All excavated material shall be stored in a location approved by the City Engineer. 5. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded. All other disturbed areas shall be stabilized with a combination of grass species appropriate for prevention of erosion according to standards acceptable to and approved by the City Site Review Committee. Section 3 -Site Improvements 1. Sidewalks and street lighting shall be required along all road frontages in accordance with adopted FDOT and City Codes. 2. All dumpster and other equipment sites shall be enclosed with masonry structures with wood gates, in accordance with requirements of the City of Clermont Land Development Regulations and plans approved by the City Site Review Committee. 3. All signage shall conform to adopted City Codes and Regulations. Any billboards on the site shall be removed at time of commencement of construction. Section 4 -Stormwater 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 shall be provided and approved by the City Engineer prior to any development activity. Positive outfall for stormwater shall be provided as approved by the City Engineer. • • • CITY OF CLERMONT RESOLUTION NO. 1168 Page - 5 - 3. A St. John's River Water Management District stormwater permit and applicable Florida Department of Transportation permits shall be required and filed with the City prior to receipt of a development permit or any development activity on the site. 4. The permittee/developer shall be responsible for the cost and provision of all upstream and downstream stormwater improvements, appurtenances and devices required to continue the historic drainage and stormwater flow regime patterns from adjacent properties necessitated by impacts of the development. Plans and specifications to ensure post development flood damage will not occur to adjacent properties shall be submitted to and approved by the St. Johns River Water Management District and the City Engineer prior to any development activity on the site. Prior to a Certificate of Occupancy being requested by the permittee/developer, the Engineer of Record shall provide formal certification to the St. Johns River Water Management District, City Manager and City Engineer that all required elements of the stormwater/drainage management system have been constructed in accordance with the approved stormwater management plans. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 28th DAY OF NOVEMBER, 2000. Haro d S. Turville, Jr., Mayor Attest: Jo eph E. Van Zi ,City Clerk • • Exhibit "A' That part of Government Lot 4, Section 30, Township 22 South, Range 26 East, Lake County, Florida being man particularly described as follows: COMMENCE at the i Southeast comer of Tract'A', LAKEVIEW HILLS PHASE 1, as recorded in Plat Book 24, Pages 41 and 42 of the public records of Lake County, Florida; thence run N 25°17'40' W along the East Nne of said Tract 'A' and the East lino of Tract 'A', LAKEVIEW HILLS PHASE II, ss recorded in Plat Book 27, Pages 26 and 27 of the public records of Lake County, Florida for a distance of 405.28 feet to the POINT OF BEGINNING; thence run along the East, South and West lines of said Tract 'A' of LAKEVIEW HILLS PHASE 11 the following courses and distances: thence continue N 25°17'40" W for a distance of 164.19 feet; thence run N 88°42'14' E for a distance of 399.98 teat; thence run S 34'52'00' E for a distance of 180.03 feet; thence leaving said Tract 'A' run S 88°42'14' W for a distance of 432.75 feet to the Point of Beginning. Along with Block AA as represented on the map of Lake Mlnnehaha Chain-O-Lakes Subdivision, less and except that fractional part thereof described as follows: Begin at the NE comer of Lot 1, Block 2 ss represented on said map of Lake Mlnnehaha Chain-4Lakes Subdivision and run easterly along the south boundary of Hook Street 160.83 feet to the western Nght-ot-way line of U.S. 27; thence southeasterly along said right-oi way lirw 200 feet; thonts~ southwesterly at an angle of 90 degrees to Bald U.S. 27 a distance of 150 feet to the eastern boundary line of said block 2; thence northwesterly along said eastern boundary of said block 2 to the point of beginning. • Md Less and except that fractional part thereof described as follows: begin at the SW corner of Block AA and Run N 88°48'23' E along the south boundary line of Block AA, a distance of 197.08 feet; thence N 01°11'37' W a distance of 50 feet; thence N 37°10'58' W a distance of 142.85 foot to a point on the NW boundary line of said Block AA; thence S 33°08'52' W along said boundary line of Block AA a distance of 200.54 feet to the Point of Beginning. AND Commence at the intersection of the North right of way line of Brogden Drive as shown on the plat of LAKEVIEW HILLS PHASE I, according to the plat thereof, as recorded in Plat Book 24, Pages 41 and 42, Public Records of Lake County, Florida and the West right of way line of U.S. Highway No. 27, thence run N 35'19'26" W along said West right of way line for a distance of 512.07 feet to the Southerly boundary of Tract "A", as shown on the plat of LAKEVIEW HILLS PHASE II, according to the plat thereof, as recorded in Plat Book 27, Pages 26-27, Public Records of Lake County, Florida; thence run along sold Southerly boundary of Tract "A", LAKEVIEW HILLS PHASE II the following courses and distances: thence run S 53'31'50" W for a distance of 24.97 feet; thence run N 35'21'29" W for a distance of 133.23 feet to the POINT OF BEGINNING; thence continue N 35'21'29" W fora distance of 123.31 feet; thence run S 88' 15'56" W for o distance . of 399.99 feet; thence run S 25'45'16" E for a distance of 160.82 feet; thence leaving the aforesaid Southerly boundary of Tract "A" run N 86'35'33" E for a distance of 309.13 feet; thence run • N 6742'25" E for a distance of 100.19 feet to the Point of Beginning.