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R-99-1061• • • CIrI}'O~ CL~1~,M091(7 RESOLUTION NO. 1061 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 MOVIE THEATER AND TWO (2) FUTURE COMMERCIAL BUILDINGS, 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 April 6, 1999 recommended approval of this Conditional Use Permit to allow the construction of a movie theater and two (2) future commercial buildings, located in the C-2 General Commercial Business District at the following location: LEGAL DESCRIPTION That part of Tract 16, map of Section 19, Township 22 South, Range 26 East, property of Lake Highlands Company, according to the plat thereof, recorded in Plat Book 2, Page 38 of the Public Records of Lake County, Florida, described as follows: Commence at a point 691 feet south of the intersection of the center line of Citrus Tower Blvd. (f.k.a. Grand Highway) and the easterlyright-of-way line of Highway 27, run east 650.17 feet to a point on the west line of said Tract 16 and the point of beginning; Thence continue east 630 feet to the westerlyright-of-way line of Grand Highway, thence S00°11'55"W along said westerly right-of-way line of Grand Highway, a distance of 647.04 feet. Thence west 630 feet to the west line of aforesaid Tract 16, thence N00°11'55"E along said west line of Tract 16 a distance of 647.04 feet to the point of beginning. (Containing 9.36 acres more or less). 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 movie theater and two (2) future commercial buildings, located in the C-2 General Commercial Business District be granted subject to the following conditions: • • CI'I}'Oj CL~~,M0~7 RESOLUTION NO. 1061 Page-2- Section 1 -General Conditions • 1. The site plan dated January 27, 1999 (Job No. C1-03-99) and prepared by R.H. Wilson & Associates shall serve as the approved conceptual plan for future development. 2. 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. 3. 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. 4. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. 5. 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. 6. 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. 7. The property shall be developed in substantial accordance with an approved site plan and OperationlReclamation 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. • • CIrZ}'O~ CL~~,M091~7 RESOLUTION NO. 1061 Page - 3 - 8. 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. 9. 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. • 10. 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. 11. 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. 12. 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. Section 2 -Land Use 1. Type of Development The subject project shall consist of no more than three buildings, a movie theater and two commercial buildings. The allowable uses for the movie theater shall include the following: motion pictures, live performances of theater actors, music, dance (excluding adult entertainment), food sales, ticket sales and other retail sales that fall within the scope of a theater operation. • • • • cry o~ cr,~~,atoa(7 RESOLUTION NO. 1061 Page - 4 - Allowable uses for the two commercial buildings shall include all C-2 permitted uses except for automotive services and gun and ammunition shops which will not be allowed. C-2 conditional uses shall. require an amendment to the CUP. Conditional uses that will not be allowed include: Convenience Stores Cellular Towers 2. Building Setbacks All buildings shall maintain a 50' setback from State rights-of-way, 25' setback from City and County rights-of-way, and 12' side yard setback from adjacent properties. 3. Parking • Parking shall be provided as required by the City of Clermont Land Development Regulations for each individual land use, as the project is developed. Section 3 -Transportation Improvements 1. Sidewalks shall be required along all public road frontages in accordance with adopted City Codes. 2. The permittee/developer shall provide off-street parking and loading spaces as required by City Code. Due to the potential diversity and variability in parking demand for the project, the final decision on the aggregate amount of parking and vehicular use space shall be determined by the City Site Review Committee in consideration of traffic engineering and site specific data that are applicable to the proposed development and intended uses to be constructed. All said required parking and vehicular use areas shall be landscaped in conformance with adopted City Code. 3. Prior to the construction and development of Phase I, the movie theater and commercial building on Grand Highway, 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 require a traffic analysis; performance shall be contingent upon formal notification by the City. • CI~I~' O~ CL ~R,9K091 ~7 RESOLUTION NO. 1061 Page - 5 - • 4. Access to the site and to Hunt Street will require the construction of turn lanes and decel lanes on Grand Highway. Turn lanes and decel lanes into the site shall be constructed during Phase I anal turn and decel lanes onto Hunt Street may be constructed at the time of Hunt Street construction. 5. The permittee/developer shall provide a southern access from the project site to the Hunt Street right-of-way at the time of development of the project on the northwest corner of Hunt Street and Grand Highway or at the time of development of Phase II, whichever comes first. The permittee/developer shall construct Hunt Street a minimum of twenty (20) feet beyond the southern access to Hunt Street. 6. Roadway improvement plans for Grand Highway, North Ridge Boulevard, Pitt Street, Citrus Tower Blvd., U.S. 27, additional public streets, 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 roadway improvements are determined to be warranted and necessary, 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. 7. Prior to construction plan approval the permittee/developer shall dedicate additional right-of-way along Grand Highway to total forty (40) feet of right-of-way from the centerline of the existingright-of-way of Grand Highway. 8. The applicant will be required to maintain swales and/or other acceptable erosion protection devices along Grand Highway and other property boundaries where stormwater runoff and erosion could impact other properties. Said improvements will be approved and inspected by the City Engineer prior to any development activity being conducted. Section 4 - Stormwater Management 1. Permeability tests must be submitted as part of the site plan review process. Permeability shall be maintained. • • • • cr~yo~ cr,~~,~toaC? RESOLUTION NO. 1061 Page - 6 - 2. Verification of the stormwater run-off data, assumptions, and calculations shall be provided and approved by the City Engineer and other applicable jurisdictional agencies prior to any development activity. 3. A St. John's River Water Management District stormwater permit shall be required and filed with the City prior to receipt of a building permit or any development activity on the site. 4. Final disposition of stormwater outfall shall be as approved by the City Engineer. Section 5 -Excavation and Grading/Oueration Plans I. The applicant shall submit a detailed excavation, grading and erosion control plan for the entire site during the site plan review process which must be approved by the City Site Review Committee prior to initiation of development activity. 2. All excavated material shall be stored in a location approved by the City Engineer. 3. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 4. The permittee/developers shall provide both temporary and permanent grassing including fertilizer application on all out parcel and 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. The out-parcels located on the site shall be hydro-seeded and supplied with a constant source of irrigation that will ensure stabilization of each out parcel until actual construction occurs. 5. 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°Io density of modified proctor. 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). • • • • CIT}!Of CL~R,MO~? RESOLUTION NO. 1061 Page-7- 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. Noise levels shall not exceed those recommended by the Florida Department of Environmental Protection (FDEP). All 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 maintenance operations and\or heavy machinery engines will not be started earlier than 7:00 A.M. on approved work days. Section 6 -Site Improvements/Landscaping 1. All signage shall conform to adopted City Codes and Standards. • 2. A landscape buffer shall be installed along Grand Highway. The buffer shall be a minimum of ten (10) feet wide with berms. Tree placement shall be no greater than 50' apart and the tree caliber size shall be no smaller than two and one-half inches (2'/z "). 3. Buffering and screening shall be required in accordance with adopted City Codes. All buffering anal screening shall be provided in conformance with the 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. 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. A site lighting plan shall be submitted and approved that shall ensure all lighting is directed upon the site and does not adversely impact abutting properties. 6. Architectural finish, building, and landscape design plans for the commercial center shall be submitted and approved by the Site Review Committee prior to any development activity to ensure aesthetic and public safety considerations are not adversely impacted. • • • • CI~}'O~ CL~~M0~7 RESOLUTION NO. 1061 Page - 8 - 7. Commercial display of commodities for sale shall be located within a completely enclosed building and conform to City regulations for storage, screening, and location criteria for placement adjacent to the tenant structure, unless an open air sales permit has been received and approved by the City. Section 7 - Sanitary Sewer 1. The developer will install a lift station to be owned by the City to handle flows for the drainage basin. Coordinate with the City Engineer for contributing flows from the surrounding area. The City will pay for the additional cost to upsize from the base lift station required for the project and for the upsizing of the force main. The cost split will not be determined by hydraulic considerations. Coordinate with the City Engineer for specifications and standard details for construction of a new City owned lift station. i DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27t'' DAY OF APRIL, 1999. Attest: eph E. Van Zi ,City Clerk r~ LJ H . Turville, Jr., Mayor