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R-99-1066• CI'Z'}'O~ CL~RM0~7 RESOLUTION • NO. 1066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO AMEND RESOLUTION NO. 1032 TO ALLOW THE CONSTRUCTION OF A RESTAURANT IN CONJUNCTION WITH THE TWO (2) OFFICE BUILDINGS PREVIOUSLY APPROVED. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held May 4, 1999 recommended approval of this Conditional Use Permit to amend Resolution No. 1032 to allow the construction of a restaurant in conjunction with the two (2) office buildings previously approved 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. 1032 to allow the construction of a restaurant in conjunction with the two (2) office buildings previously approved be granted subject to the following conditions: Section 1 -General Conditions 1. This Resolution shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. Upon approval of the resolution the aforementioned property shall only be used for the purposes described herein. No further expansion of the use or additions to this project shall be permitted except as approved by another Conditional Use Permit. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. • • C777` O~ CL~R,MOT(? RESOLUTION • NO. 1066 Page - 2 - 3. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 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. 6. The property shall be developed in substantial accordance with an approved site plan and Operation/Reclamation 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. 7. All applicable rules and regulations 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 shall be served with a permanent irrigation system including back flow prevention device and rain sensor equipment. All such appurtenances shall 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. All such areas shall be properly maintained. 8. Performance bonding shall be required for all public infrastructure (transportation, potable water, and waste water systems) and reclamation improvements, including on-site and off-site locations, evidencing impact by the proposed development. An estimate of costs shall be prepared, certified and submitted by the Engineer of record and approved by the City Engineer. The City shall then determine the bond amount in accordance with adopted City Code regulations. n LJ • cry o~ cL~~,~toaLT RESOLUTION • NO. 1066 Page - 3 - • 9. All inspection costs will be borne by the applicant. This shall include final inspection and ongoing random inspections for compliance with Conditional Use Permits conditions. 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. 11. This permit shall become null and void if substantial work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. 12. 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. Section 2 -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. • • • cz~ o~ cL~~~foa~7 RESOLUTION NO. 1066 Page - 4 - 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. In areas where substantial earthwork requires filling/compaction, density tests will be conducted at a maximum of 2-foot intervals in order to prove compaction requirements. All disturbed soils shall be compacted to 95% density of modified proctor. 7. 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). 8. 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. Slopes greater than 3:1 shall be prohibited. 9. 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. Section 3 -Transportation Improvements 1. Sidewalks shall be constructed along all roadways in conformance with City and Florida Department of Transportation (FDOT) Standards, the length of the subject property. Construction shall be provided in accordance with adopted City Codes. 2. The permittee/developer shall provide off-street parking and loading spaces as required by City Code. All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 3. The permittee/developer shall construct internal traffic connection links that provide direct transportation access between the parcels to be initially developed and those identified for future development. • • • cr~o~ cL~~~to~7 RESOLUTION • NO. 1066 Page - 5 - 4. 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. 5. Prior to any construction and development of the professional office center project, the permittee/developer shall provide a traffic analysis which 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. 6. Ingress/egress to the site for construction shall be as approved by the City Site Review Committee. 7. A Florida Department of Transportation (FOOT) 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. 8. The applicant shall be required to maintain swales and/or other acceptable erosion protection devices along SR 50, and/or other roadways (temporary or permanent) which are utilized for construction of the project and property. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. 9. The permittee shall dedicate 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, only. 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. ~ • C77~}' 0~ CL~R,MOJ~7 RESOLUTION • NO. 1066 Page-6- 10. The permittee shall dedicate eighty (80) feet of right-of-way and construct the reverse frontage road the length of the subject property. Physical construction of the reverse frontage road shall commence within 90 days of formal notification by the City. 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. Section 4 -Stormwater Management 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, assumptions and calculations shall be provided to, and approved by, the City Engineer prior to any development activity. Positive outfall for Stormwater shall be provided as approved by the City Engineer. 3. A St. John's River Water Management District Stormwater permit shall be required and filed with the City prior to receipt of a development permit or any development activity on the site. • 4. Stormwater retention areas shall be constructed at a maximum relief 3:1 (H:V). The side slopes shall be sodded. All other areas being disturbed shall be stabilized with landscape and sod in accordance with adopted City Code. Final disposition of Stormwater outfall shall be as approved by the City Engineer. Section 5 -Site Imnrovements/Landscapin~ 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. • • • c1~y o~ cL~~,~foa~7 RESOLUTION • NO. 1066 Page - 7 - 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. 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. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 25"' DAY OF MAY, 1999. • ~11i~~ -J Harold S. Turville, Jr., Mayor Attest: ~ -~ seph E. Van rl ,City lerk • • • Resolution No. 1066 Attachment "A" • 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 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 Official Records Book 91, Page 572, of the Public Records of Lake County, Florida. AND That portion of Tract 12, Lake Highlands Company Map of Section 28, Township 22 South, Range 26 East lying north of State Road 50, LESS AND EXCEPT -Commence at the southwest corner of Section 28, Township 22 South, Range 26 East, Lake County, Florida. Thence run N 00°16'40" E along the west line of the southwest'/a of said Section 28, a distance of 1447.86 feet to the centerline of S.R. 50; Thence run S 89°30'11" E along the centerline of S.R. 50 a distance of 1513.42 feet to a centerline P.I. STA. 1361+34.80; thence run S 89°05'34" E along the centerline of S.R. 50 a distance of 765.18 feet, to a change in the north right-of-way centerline • STA. 1369+00; thence run N 00°S4'26" E a distance of 160.00 feet to the northerly right-of-way of S.R. 50; thence run S 89°05'34" E along the northerly right-of-way of S.R. SO a distance of 155.67 feet to the Point of Beginning: 1) Thence continue S 89°05'34" E along the nroherly right-of-way a distance of 200.00 feet to a point 15.0 feet west of the east line of the nrohwest'/a of Section 28, Township 22 South, Range 26 East, (the east line of Tract 12, Map of Section 28, Township 22 South, Range 2b East, Lake Highlands Co. Subdivision, recorded in Plat Book 2, Page 28, Public Records, Lake County, Florida.) 2) thence run N 00°34'52" E 15.0 feet west of and parallel to the said east line of the northwest 1/a a distance of 200.00 feet; 3) thence run N 89°05'34" W a distance of 200.00 feet parallel to the northerly right-of-way of S.R. 50.4) Thence run S 00°34'52" W parallel to the east line of the northwest'/a of said Section 28, a distance of 200.00 feet to the Point of Beginning to close.