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R-99-1048• CITY OF CLERMONT RESOLUTION No. 1048 • 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 CHILD CARE FACILITY IN THE R-3 RESIDENTIAL/ PROFESSIONAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held January 19, 1999 recommended approval of this Conditional Use Permit to allow the construction of a child care facility in the R-3 Residential/Professional District at the following location: LEGAL DESCRIPTION Lots 15, 16, 17 and 18, Block 96 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 child caze facility in the R-3 Residential/Professional District 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/permittee and any successor in title or interest, and shall be subject to each and every condition herein set out. 2. Upon approval of the this resolution the aforementioned property shall only be used for the purposes described herein. Any other proposed use shall be specifically authorized by amendment and approval of the City of Clermont City Council. 3. Construction and operation of the proposed use shall at all times comply with the regulations of this and other governmental agencies. • • CITY OF CLERMONT RESOLUTION No. 1048 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 Property without first submitting necessary plans, obtaining necessary approvals, and obtaining necessary permits in accordance with the City of Clermont Land Development Regulations and City Code of Ordinances. 5. The Preliminary Conceptual Development Plan provided by the applicant with the submission materials shall serve as the approved conceptual development plan for the site. No change of the use or additions to the use shall be permitted except as approved by another Conditional Use Permit. 6. Prior to the issuance of any permits for the Child Care Facility 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. All applicable rules and regulations for development within the City 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 must be served with a low volume, permanent irrigation system that must 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. 8. 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. 9. This permit shall become null and void if substantial construction work has not begun within one (1) year of the date of issuance of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 10. All of the requirements of other regulatory agencies concerning day care or pre-school facilities must be met. All required improvements must be completed prior to issuance of a certificate of occupancy for the requested use. • • • CITY OF CLERMONT RESOLUTION No. 1048 Page - 3 - Section 2 - Physical Site Development ~~ 11. 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. 12. 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 work day. • 13. The permittee/developers shall provide sod, including fertilizer application, on all disturbed areas. Grassing and fertilization shall be provided in accordance with best management practices (BMP) of the U.S.D.A. Soil Conservation Service. 14. All excavated and / or stock piled material shall be stored in a location and in a manner as approved by the City Engineer. 15. Geotechnical information regarding the soil characteristics of the site shall be submitted to the City as part of the Site Review process. 16. 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. 17. 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. 18. All buildings and structures shall be constructed in strict conformance with SBCCI Standards. Section 3 -Transportation Improvements 19. Prior to a Certificate of Occupancy being issued for the Child Care Facility the applicant/ permittee shall provide permanent closure of the existing access driveway on Desoto Street. Two (2) • new, replacement access driveways shall be provided on Desoto Street as indicated on the conceptual • • • CITY OF CLERMON7' RESOLUTION No. 1048 Page-4- development plan. Said access driveways shall be constructed as approved by the City of Clermont Site Review committee and in conformance with City standards. As part of the closure of the existing access facility, standazd FDOT type "F" curb shall be installed, and a five feet (5') wide sidewalk shall be constructed in the area impacted by the abandonment. All areas disturbed by the driveway activities shall be graded and sodded. 20. T'he applicant/permittee shall provide twenty (20) paved parking spaces as indicated on the conceptual development plan. All pazking spaces and vehiculaz use areas shall be constructed in accordance with City and ADA Standazds. Screening and buffering of the pazking and vehicular use areas shall be provided in accordance with City Code. Section 4 -Stormwater Management • 21. Permeability tests shall be submitted as part of the site plan review process. 22. 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 to, and approved by, the City Engineer. 23. 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. No construction or development activity shall proceed on the site until Stormwater abatement activities have been approved by the City Engineer. 24. 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 plans approved by the City Site Review Committee. Section 5 -Site improvements/Landscaping 25. All signage shall conform to adopted City Codes and Standazds. 26. The developer/permittee shall install a minimum five feet (5') wide vegetative buffer along the play area, adjacent to the existing residential uses and other abutting uses, roadways, and pazking azeas in accordance with the site plan approved by the City Site Review Committee and adopted City Code. All required landscaping shall be served with a permanent irrigation system, backflow prevention • device, and rain sensor gauge. The system and all dependant devices shall be properly maintained. • • U CITY OF CLERMONT RESOLUTION No. 1048 Page - 5 - 27. Any dumpster and/ or 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. 28. 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 or Desoto Street. 29. Architectural finish, building elevation, and landscape design plans for the Child Caze Facility site shall be submitted to and approved by the Site Review Committee prior to any development activity on the site. DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COtTNTY, FLORIDA THIS 26~' DAY OF JANUARY, 1999. __ ~.~~~~ HAROLD S. TURVILLE, JR., Mayor ATTEST: EPH E. VAN Z ,City Cler •