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R-00-1124• V ~ ~ • CI~IrYO~F' CGE~l09V7 RESOLUTION NO. 1124 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1078 BY AMENDING THE LEGAL DESCRIPTION OF THE 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 Apri14, 2000 recommended approval of this Conditional Use Permit to amend Resolution No. 1078 by amending the legal description of the property, located in the C-2 General Commercial District at the following location: GENERAL LOCATION Parcel generally located at the northwest corner of State Road 50 at Oakley Seaver Drive. 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. 1078 by amending the legal description of the property, located in the C-2 General Commercial District. be granted subject to the following 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. 3. The property shall be developed in substantial accordance with an approved site plan incorporating all conditions of this Conditional Use Permit. Said plans shall be submitted for review and approval of the Site Review Comrittee 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. 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. C ~: • CI7rYO~F' CGrE1~(09V7 RESOLUTION NO. 1124 Page - 2 - • 6. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. 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. 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. 9. 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 required improvements ultimately finalized at completion. Section 2 -Land Use 1. The proposed development will consist of a movie theater and two out parcels, consistent with the conceptual site plan dated July 1999 as prepared by Kimberly-Horn and Associates, Inc. • 2. Only one (1) of the restaurants proposed to be located on the out parcels shall be permitted to have a drive through window. Out parcels shall be limited to one structure per out parcel. Section 3 - Physical 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. on any approved workday. 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 to the City as part of the Site Review process. ~ • cr~o~ c~~~to~r' RESOLUTION NO. 1124 Page - 3 - 5. The permittee/developers 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 U.S.D.A. Soil Conservation Service. 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 the United States Department of Agriculture Soil Conservation Service and the Florida Department of Environmental Protection (FDEP). 7. 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. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Section 4 -Transportation Imurovements 1. Approval of construction plans shall not be granted until ofright-of--way for Oakley Seaver Drive has been • dedicated to the City of Clermont. The right-of--way shall be eighty feet wide and run the length of the subject property. 2. The permittee shall purchase and install streetlights per City code along Oakley Seaver Drive frontage. Installation and maintenance of lighting internal to the project shall be the responsibility of the permittee. 3. Prior to construction and development of the Planned Unit Development project, the permittee/developer shall provide a traffic analysis that identifies the development's impact on the City's transportation system. Based upon results of the traffic study, the City may require that transportation improvements necessitated by the portion of the project for which a building permit is sought be made at the time of construction of that 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, per the traffic study, will be the sole responsibility of the developer. 4. Roadway improvement plans for State Road 50, Citrus Tower Boulevard, Oakley Seaver Drive and Hancock Road, 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. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 6. Access to the site shall be as follows: 1) one northern entrance to the site from the frontage road which shall be a right-in/right-out only; 2) one median cut and full access entrance along with two right-in/right-out enhances on Oakley Seaver Drive; and 3) one right-in/right-out entrance on S.R. 50. • cr~*ro~ cc~~ro~z' RESOLUTION NO. 1124 Page - 4 - Section 5 -Site Improvements/LandscapinE .7 1. Required landscape trees shall not be less than 3 inches in diameter measured 4 feet 6 inches above the existing grade and shall be a minimum of ten feet in overall height. Palm trees shall not be considered preferred trees and will not count toward landscaping requirements. 2. The landscape buffer on the north property line shall run the length of the entire parcel, including the water retention area. Shrubbery for required landscape hedges shall be a minimum of 36" in height at the time of planting. 4. Architectural finish, building, and landscape design plans for the project 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. Section 6 -Utilities • 1. The permittee shall connect to the water line on the frontage road and extend the water main on Oakley Seaver Drive to S.R. 50 and terminate at the S.R. 50 right-of--way with a cross, three valves, and a hydrant at the Southeast comer of the property. The water main shall be shown in the Oakley Seaver Drive right-of--way and shall be installed using ductile iron pipe under pavement. 2. Irrigation water shall be provided by well until such time as reuse water is available. The irrigation system shall be constructed using purple pipe to designate reuse water. 3. The permittee shall be responsible for purchasing, installing, and maintaining fire hydrants within the project. They shall be installed according to City code. 4. The pernuttee shall provide a stub out from the Southwest manhole to the property line. 5. The theater and the restaurants will be required to install grease traps at a size to be determined by the Public Works Director. Section 7 -Signage 1. Signage for the out parcels shall be monument signs and shall not exceed 10 feet in height. The monument signs for the out parcels shall be limited to 100 s.f. in size, including the sign face and the monument. 2. The monument signs for the out parcels shall have a minimum two (2) foot base and shall be landscaped with shrubs or ground cover according to City Code. All billboards shall be removed prior to the issuance of a zoning clearance for a building permit. • • CI7~2'O~F CLE1~[09V7' RESOLUTION NO. 1124 Page - 5 - • 4. The cinema shall be permitted one 200 square foot sign, twenty-four (24) feet in height on that portion of the property abutting Highway 50. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 25"' DAY OF APRIL, 2000. aro d S. urville, Jr., Mayor • Attest: ~' ose . V Zile, 't Jerk •