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R-99-1078• • r: CITY OF CLERMONT RESOLUTION N0.1078 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 CINEMA WITH TWO (2) OUT PARCELS, LOCATED IN THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held August 3, 1999 recommended approval of this Conditional Use Permit to allow the construction of a cinema with two (2) out parcels, located in the C-2 General Commercial Business 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: This application for a Conditional Use Permit to allow the construction of a cinema with two (2) out parcels, located in the C-2 General Commercial Business 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. 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. • • ~ • CITY OF CLERMONT RESOLUTION NO. 1078 Page - 2 - 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 acid 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. • 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 reauired 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. • • • • CITY OF CLERMONT RESOLUTION NO. 1078 Page - 3 - 2. Only one (1) of the restaurants proposed to be located on the out parcels shall be permitted to have a drive through window. 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. 3. 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. 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). • • • • CITY OF CLERMONT RESOLUTION NO. 1078 Page - 4 - 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. 8. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. Section 4 -Transportation Improvements 1. Approval of construction plans shall not be granted until of right-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. 5. Ingress/egress to the site for construction shall be as approved by the City Site • Review Committee. • • C1TY OF CLERMONT RESOLUTION NO.1078 Page - 5 - 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 entrances on Oakley Seaver Drive; and 3) one right-in/right-out entrance on S.R. 50. . Section 5 -Site Improvements/Landscaping 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 properly line shall run the length of the entire parcel, including the water retention area. 3. 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 corner 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. • • CITY OF CLERMONT RESOLUTION NO. 1078 Page - 6 - 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 permittee shall provide a stub out from the Southwest manhole to the property fine. 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. • 2. All billboards shall be removed prior to the issuance of a zoning clearance for a building permit. 3. 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 24~' DAY OF AUGUST, 1999. Attest: Joseph E. Vary, City Clerk • Haro d S. Turville, Jr., Mayor C • • Attachment "A" Resolution No. 1078 • A portion of the Northwest 1/4 of Section 29, Township 22 South. Range 26 East and o portion of Tracts 3 and 14 t,oke Highlands Co.. Plot Book Z. Pogt Z5 Official records Loke County Florida more portieWoety dsserietd os faiows. CommenCS Ot the NOrIht03t COmsr Of 30id StCtiOn Z9 thtntt Nn South OOZt3'SY East along the East Tine of Section Z9 for o distance of 1075.39 feet: thence run South t)9~9't3" west far 0 dstona Of 1401.01 feet to the interieetton Of the North right Of war lint o- State rood 50 and the West right of way fins of Oakley Seaver 6oulevord for the Point Ot (3eqinning. Thsnc~ continue South 89'39'i3 west long tM North right of way tine of State Rood 'SO far 0 distance of 241.70 feet; thence run South 00'20'47" west for o distance of 12.00 iNt: thsntt run South tf9'39'13 Wtit for o distance Of 3YS.51 tNt: thents deporting the said Narth right of war line run North 00'10'11" West for o dfstonce of 555.32 feat: thence run South i~9'3919" West for o dhtvnce of 11,154 feet: thence run North 00'20'46' Wsst for o datoncs of 503.56 feet tQ the Sarah Me of the Reverie f'rontoge Rao thMt! nM South t;925'59' Ewe for o dlatortc• of 538.x0 feat along the sold South right o1 way line to a point of curvature of n curve concave Southwest having o radi~e of ~4.p0 test: thanes rvn Southsast dung tM arc of saW curve tar o dbtanta of SI.88 istt thrpugh o Central angle of 8g'44'37" to o poMt of tangency lying on the West right of way line of Oakley Seaver 8vulavord; thence run South b0'41'22" East fa a distance of 1004.54 tact to the Point Or $eginning Containing 13,8794 orna man or lean ;~