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R-00-1113,, ~, • • L~ cr~ry o~ cL~~,~loa(7 RESOLUTION NO. 1113 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 CONVENIENCE STORE, GAS STATION, RESTAURANT, AND RETAIL STORE IN THE C-2 COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held February 1, 2000 recommended approval of this Conditional Use Permit to allow the construction of a convenience store, gas station, restaurant, and retail store located in the C-2 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 allow the construction of a convenience store, gas station, restaurant, and retail store, located in the C-2 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 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 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. The final Certificate of Occupancy shall not be issued until each of the stated conditions has been met. • • • • CI~'O~CL~~M0~7 RESOLUTION NO. 1113 Page - 2 - 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 required improvements ultimately finalized at completion. Section 2 -Land Use 1. The proposed development may include the following uses: convenience store, gas station, restaurant, and retail uses. 2. No drive thru restaurants shall be allowed on the southern two (2) parcels. . Section 3 -Physical Site Develoament 1. A dust abatement and soil erosion plan shall be submitted to the City detailing measures to be taken to eliminate the migration of dust particles and soil erosion. All disturbed areas that are not to be developed immediately shall be seeded and mulched or sodded within 30 days after grading is completed. 2. At the time of site plan approval, the project shall comply with the requirements of the pending lot grading ordinance. Section 4 - Transaortation Improvements 1. The applicant shall provide vehicular cross-access to the property to the east and shall execute an agreement providing cross-access to the property to the east. 2. Access to the site from S.R. 50 shall be right-in, right-out only and a decel lane into the project shall be constructed. Access to the site from Hancock Rd. shall be right-in, right out only unless otherwise approved by Lake County and the City Site Review Committee. The project shall have access from Hook St. which shall be constructed by the permittee at the time of initial construction of any portion of the project. Hook St. right of way shall be dedicated to the City and shall be constructed from Hancock Rd. to the eastern property line. 3. A southbound left turn lane from Hancock Rd. onto Hook St. shall be constructed at the time of initial construction of any portion of the project. 4. Right-of-way along Hancock Rd. shall be dedicated to the City so as to create a total of 100 ft. of right-of- way and to have 50 ft. of right-of-way from the center of the existing right-of-way. • • r~ ~J • • RESOLUTION NO. 1113 Page - 3 - 5. The entire parcel shall be developed as an integrated project with vehicular cross-access from Hook St. to S.R. 50. 6. Sidewalks shall be constructed on all three right-of-way frontages. 7. In the interest of public safety, the current elevation of Hancock Road shall be lowered as directed by Lake County Public Works and the City of Clermont. This shall be completed prior to the issuance of a certificate of occupancy for any of the approved uses. Section 5 -Landscaping 1. Landscaping shall be provided in excess of code and maintained in perpetuity. All landscaping shall be serviced by a permanent irrigation system as required by code. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 22nd DAY OF FEBRUARY, 2000. -lG,s~t arold S. Turville, Jr., Mayor Attest: Ps h E. an Zi~~ ty Clerk ,' F~ti-11-00 10:23A LEADINr EDGE LAND SERVICE 407 ~'~-9691 P.02 LEGAL DESCRIPTTt]N • A PARCEL OF LANG LOCATED IN THE NORTHWEST i/4 OF SECTION 27,T2,25, R26E, LAKE COUNTY, FLORIDA MORE PARTICULARLY DESCRI8E0 AS FOLLOWS: COMMIENCING AT THE SOUTHWEST CORNER OF THE NOFiTHNEST i/4 OF 5AI0 SECTION 27; THENCE NO''.50'SO"E ALONB TH£ NE8T LINE OF THE NORTHWEST ij4 OF SAID SECTION 27. A OI5TANCE OF 66b,25 FEET TO THE 5QUTHWEST CORNER OF THE NORTHWEST 1/b OF THE SOUTHWEST i/b OF THE NORTHWEST i/4 OF SAID SECTION 27; THENCE LEAVING THE WEST LINE OF THE NOATHtlEST !/4 OF SAID SECTION 27, N89'57'2!"E ALONG THE Sq~TH LINE OF THE NORTHMEST i/4 OF THE SOUTFIWEST 1/b OF THE NORTHWEST i/4 OF SAID SECTION 27. 33,00 FEET TO THE EASTERLY RIGHT OF MAY LINE OF HANCOCK ROAD (33.00 FEET OF RIGHT ('~ kAY FROM CENTERLINE) AND THE POINT OF BEGINNING: THENCE LEAYING THE SWTH LINE OF THE NORTHNE$T 1 4 OF THE SOUTHWEST i/4 OF THE NORTHMEST i/b OF SAID SECTION 27, NO'a0'i0'E ALONG THE EAS~ERLY RIGHT OF NAY LINE OF SAID HANCOCK ROAD, A DISTANCE OF bl8.83 FEET TO ITS INTERSECTION KITH THE SOUTHERLY RIGHT OF NAY LINE OF STATE ROUTE 30 t75 FEET FROM THE CENTERLINE OF STATE ROUTE 50): THENCE LEAVING SAID EASTERLY RIGHT OF KAY LINE OF HANCOCK ROAD, 589'21'23'E ALONG THE 50UTHERLY RIGHT OF NAY LINE OF SAID STATE ROUTE 50 !50.63 FEET TO A POZNT; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF MAY LI OF SAID S'fATE ROUTE 50, SO'3B'37`M. A DISTANCE OF 20.00 FEET TO A POINT (9s FEET FAOM T CENTERLINE OF STATE ROUTE 50); THENCE CONTINUING ALONG THE SOUTF~ALY RIGHT OF NAY LINE OF SAID STATE ROUTE 50, S89'21'23"E, A DISTANCE OF Qb1.59 FEET TO A POINT i%IT~ SAID SE~ION 27;~ ~~NCE/LE~ING TMERSOU HERLY4RIGHT ~SNAY~LEIIS~ET ~bSAIOTSYAERROUTET 50, SO.46'39'W ALONG THE EAST LINE OF THE NEST 1iZ OF THE NQRTHWEST i/4 OF THE SOUTHMEST i/4 OF THE NORTHMEST i/4 OF SAID SECTION 27, A DISTANCE OF 595.27 FEET TO ITS INTERSECTION KITH THE SOUTH LINE OF THE NORTHWEST !/b OF THE SOUTHWEST i/b OF THE NORTHWEST i/b OF SAID SECTION 27; THENCE LEAVING THE EAST LINE OF THE HEST i/2 OF THE NORTHWEST i/d OF THE SOUTHWEST i/4 OF THE NORTHWEST i/1 OF SAID SECTION 27. S89'S7'2i'W ALONG THE SOUTH LINE OF THE NORTHWEST i/4 OF THE SOUTHMEST i/4 OF THE NORTHMEST i/b OF SAID SECTION 27. A DISTANCE OF 295.93 TO THE EASTERLY RIGHT OF NAY LINE OF SAID HANCOCK F10Ap ANO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4,0747 ACRES OF LAND MORE OR LESS. THE LEGAL DESCRIPTION AS SET FORTH ON THIS SURVEY DESCAiBES THE SAME PROPERTY AS IS DESCRIBED ON THE CERTIFICATE ~ TITLE INFORMATION FROM FIRST AMERICAN TITLE INSURANCE COMPANY. SAID LEGAL AS SHOWN ON THE TITLE INSURANCE CERTIFICATE OF TITLE INFORMATION IS AS FOLLOWS: THE WEST i/2 OF THE NW i/4 OF THE SW i/4 OF THE NW 1/4 OF SECTION 2y, TOWNSHIP 2Z SOUTH. AANGE 26 EAST, LAKE COUNTY. FLORIDA. LESS THE RIGHT OF WAY FOR STATE HIGHWAY NUMBER 50 ON TFIE NORTH AND ROAD AIBHT OF WAY FOR HANCOCK ROAQ ON THE HEST. FOUND PK NAIL SOUTHWEST CORN SECTION 27, T2 LAKE COUNTY, F •