R-99-1061• •
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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:
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RESOLUTION
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Section 1 -General Conditions
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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.
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RESOLUTION
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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.
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RESOLUTION
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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.
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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.
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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).
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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.
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RESOLUTION
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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
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H . Turville, Jr., Mayor