R-93-811• CITY OF CLF.RMONI' •
RESOLUTION
No. 811
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTYNG A CONDITIONAL USE PERMIT TO AMEND
RESOLUTION NO. 773 TO ALLOW THE OPTIONAL USE FOR A LEARNING
CENTER AND DELETION OF CERTAIN INFRASTRUCTURE ITEMS.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held November 2, 1993 recommended approval of this
Conditional Use Permit to amend Resolution No. 773 to allow the optional use for a
learning center and deletion of certain infrastructure items at the following location:
LEGAL DESCRIPTION: Commence at the northwest corner of Section 29, Township 22
south, Range 26 east, Lake County, Florida; Thence N 89°49'13" E along the north line
of the northwest 1/4 of said Section 20, a distance of 30.00' to a point on the east right-
of-way line of Grand Highway and the point of beginning; Thence N 00°13'59" E, 227.96';
Thence S 89°26'48" E, 371.06'; Thence S 00°33'12" W, 275.29'; Thence S 79°03'54" E,
299.24'; Thence N 60°14'46" E, 87.26'; Thence S 30°56'25" E, 115.18'; Thence S 40°07'29"
E, 125.22'; Thence S 11°25'47" E, 70.84'; Thence S 11°10'30" W, 48.04'; Thence S
32°44'55" W, 116.48'; Thence S 10°38'04" W, 120.98'; Thence S OS°40'00" W, 106.48';
Thence S 33°18'38" E, 169.97'; Thence S 54°23'12" E, 112.87'; Thence S 70°45'11" E,
153.92'; Thence N 65°25'40" E, 102.82'; Thence N 77°46'36" E, 59.61'; Thence S 00°16'29"
• W, 321.42' to a point on the northerly right-of-way line of State Road 50; Thence N
89°41'37" W along said northerly right-of-way line, 18b.02'; Thence N 83°29'59" W along
said northerly right-of-way line, 481.47'; Thence S 03°32'30" W along said northerly right-
of-way line, 35.05'; Thence N 83°29'59" W along said northerly right-of-way line, 425.03';
Thence N 00°16'29" E, 297.28'; Thence N 83°26'59" W, 206.22' to a point on the east
right-of-way line of Grand Highway; Thence N 00°16'29" E along said easterly right-of-
way line, 833.61' to the point of beginning.
GENERAL LOCATION: North of State Road 50 and east of Grand Highway
The City Council deems it advisable in the interest of the general welfare of the City of
Clermont, Lake County, Floric a to grant the 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 amend
Resolution. No. 773 to allow the optional use for a learning center and deletion of certain
infrastructure items be granted subject to the following conditions:
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• C17Y OF CI.ERMONT •
RESOLUTION
No. 811
• Section 1
General Conditions
1. 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.
2. No further expansion of the use or additions to this facility shall be permitted
except as approved by another Conditional Use Permit.
3. 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 must be served with a permanent
irrigation system and 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. These areas shall be properly
maintained.
• 4. 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.
5. Performance bonding shall be required for all 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. The developer is
responsible for the cost of all required on-site and off-site infrastructure
improvements necessary for the project.
6. In the event that construction has not began within eleven (11) months from the
date of the approval of this Conditional Use Permit the permittee, heirs or assigns
in title shall provide complete reclamation of the site. Reclamation shall be
performed in conformance with the reclamation plan (as required in Section 1,
Item 1) approved by the City Engineer, and in accordance with accepted best
management practices (BMP) designated by publications of the U.S.D.A. Soil
Conservation Service and St. Johns River Water Management District. The
minimum reclamation plan shall address the following characteristics:
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CITY OF CLERMONT •
RESOLUTION
No. 811
• A. Objective -The primary objective of the reclamation plan is to provide for
a final project site which is conducive to future development, compatible
with the surrounding topography and approximates pre-filling surface water
drainage characteristics without subsequent erosion. The final grading of
the project site shall conform to the grades, lines, slopes and contours
shown on the approved reclamation site plan (as required in Section 1,
Item 1).
B. Grading and stabilization -All areas disturbed during the filling operation
shall be graded, dressed and stabilized, in accordance with the approved
reclamation site plan (as required in Section 1, Item 1) and the S.C.S.
recommendations. Topsoil from the site shall be stockpiled and applied as
the final soil cover material for all reclaimed areas. Final sideslopes shall
not exceed an incline of 4:1 (H:V). The retention areas shall be regraded
to the original dimensions and stabilized unless another approved site plan
for the future development dictates otherwise.
C. Landscaping and reforestation - Within 30 days of the expiration of the
Conditional Use Permit, all areas of the subject site shall be seeded and
mulched, or sodded, as required to control erosion and prevent the
creation of washes, rills, gullies, etc. All site areas shall also be seeded with
a quick growing brass species which will provide an early cover during the
season in which it is planted, and will not later compete with the
permanent grassing. All City of Clermont landscape and tree requirements
for commercial properties shall be complied with. City requirements
including a five foot landscape buffer along Grand Highway and SR 50
with one tree every 50' and a permanent irrigation system are to be
provided. All reforestation operations shall provide 'a minimum density of
20 trees per acre. Acceptable tree species shall include but not be limited
to any hardwood species in compliance with the City of Clermont Tree
Ordinance. Conversely, tree species designated as undesirable by the City
of Clermont Tree Ordinance shall not be acceptable.
D. Reclamation time horizons - At the end of six months from the completion
of the reclamation project, at least 80% of the reclaimed areas shall have
permanently established ground cover. By the end of one year, ground
cover shall be established on 100% of the reclaimed areas. Should erosion
problems occur prior to final approvals by the City of Clermont, such
eroded areas shall be regraded and stabilized as necessary to comply with
the intent of this reclamation requirement.
•
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CITY OF CI.ERMON7' •
RESOLUTION
No. 811
• E. Structure and debris eradication -All debris, refuse, junk, poles, piling,
cables and other construction related articles shall be removed from the
project area as part of the reclamation process. Any structures erected
during the filling operations shall be dismantled and removed, unless
approvals from the appropriate authorities permit otherwise. In general,
the area shall be returned to natural conditions that are conducive to
future development and compatible with the surrounding topography.
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. 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.
Operation Plans (Excavation, Grading, and Reclamation) are to be outlined for
site alteration in an attached manual and submitted by the applicant:
1. Geotechnical information regarding the soil to be placed on the property must be
submitted. This information will be required before a development permit is
issued.
2. Density tests will be conducted at a maximum of 2 foot intervals in order to prove
compaction requirements. Fill shall be compacted to 95% density of modified
proctor.
3. 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.
4. Prior to any site development activity the boundary of the designated 100-year
flood plain shall be physically delineated. Upon formal delineation, silt barriers
and hay bales shall be utilized for protection of all identified flood plain areas.
Encroachment in any manner shall be disallowed.
5. Noise levels shall not exceed those recommended by F.D.E.R. 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.
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• CITY OF CLF.RMONT •
RESOLUTION
No. 811
• 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 F.D.E.R.
7. Ingress/egress to the site for construction shall be from Highway 50 east of
Quinsy's Restaurant. No ingress or egress of machinery or trucks shall be allowed
on Grand Highway.
8. A DOT permit will be required and filed with the City for fill activity along
Highway 50 right-of-way prior to issuance of a Development Permit by the City.
9. The applicant will be required to maintain swales or other acceptable erosion
protection along the existing temporary haul road which runs between Jacks Lake
north and south in the event the roadway is utilized for soil delivery to the
property. This work wiil be inspected and approved by the City Engineer prior to
any fill activity being conducted.
10. All excavated material shall be stored in a location approved by the City Engineer.
11. Any areas being modified to a slope of three (3) horizontal to one (1) vertical
(3:1), such as water retention areas, shall be sodded. Any areas being modified to
. a slope greater than two (2) horizontal to one (1) vertical (2:1), shall be stabilized
with an approved geotechnical system and then sodded with along-stemmed grass
species appropriate for prevention of erosion according to standards acceptable to
and approved by the City and the U.S.D.A. Soil Conservation Service.
12. All disturbed slopes in the fill areas shall be planted with a mixture of approved
trees, at a ratio to be agreed upon by the Site Review Committee and the
developer, based upon advisory consultation of the USDA Soil Conservation
Service.
13. The permittee/developers shall provide both temporary and permanent grassing
including fertilizer application which shall be provided in accordance with an
approved ground cover plan acceptable to the City with advisory consultation of
the U.S.D.A. Soil Conservation Service located in Tavares.
14. The out-parcels located at the southeast corner of the site shall be hydro seeded
and supplied with a constant source of irrigation that will ensure stabilization of
each outparcel.
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M • CITY OF CLERMONT •
RESOLUTION
No. 811
• Section 3.
With regards to a stormwater management plan, the following are required:
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 and other assumption & calculations
must be provided and approved by the City Engineer 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.
4. Final disposition of stormwater outfall shall be to the existing south pond portion
of Jack's Lake.
Section 4.
With regard to the general improvements/landscaping of the site, the following
• shall be required:
1. Sidewalks shall be required along all road frontages in accordance with adopted
FDOT and City Codes.
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. Trees shall be
spaced at no less than fifty (50) feet intervals along the east and north buffer
strips on the site.
3. All dumpster and other equipment sites shall be enclosed with masonry structures
in accordance with plans approved by the City Site Review Committee.
4. 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.
5. Architectural finish and unobstructed roadway design plans for the rear of the
commercial center shall be submitted and approved to ensure aesthetic and public
safety considerations are not adversely impacted.
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• ~ C17Y OF Cl.ERMOIV7'
RESOLUTION
No. 811
• 6. All signage shall conform to adopted City Codes and Regulations; Off site signage
shall be disallowed.
7. Roadway improvement plans for State Road 50, Grand Highway, and the
commercial 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 by the City Site Review Committee, FDOT
and Lake County prior to commencement of any development activity. If
signalization is determined necessary prior to any development on the south side
of Highway 50 utilizing the signalization, total cost will be borne by this developer.
Should development occur on the south side of Highway 50 which warrants
signalization at that time, this developer shall pay a pro rata share based on traffic
counts.
8. The area designated as Retail "B" (10,000 square feet) may be utilized as either
retail space or as a learning center/day care facility. If the learning center/day
care facility option is utilized the operation of the business may not proceed until
all applicable regulations of HRS and other appropriate regulatory agencies have
been satisfied.
9. The permittee/developer shall provide a minimum of 796 parking spaces for the
• commercial center. The parking spaces to be allocated for the Kmart store may
be 9' x 20' and double-striped, however, all remaining spaces shall be the standard
10' x 20'; all spaces shall be designed and built in conformance with adopted City
Codes and Regulations.
10. The existing billboard located on the out parcel shall be removed prior to issuance
of a certificate of occupancy.
11. Commercial oriented laundry service uses shall be disallowed on the site.
12. Commercial display of commodities for sale in the shopping center shall be
located within a completely enclosed building and conform to City regulations for
storage, screening, and locational criteria for placement adjacent to the tenant
structure, unless an open air sales permit has been received and approved by the
City Manager.
13. The permittee agrees to dedicate twenty (20) feet of right-of-way the length of the
site adjacent to Grand Highway for conformance with adopted collector roadway
standards.
14. The northern most ingress/egress driveway shall be directly aligned with Almond
Street.
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• CITY OF CLERMONT •
RESOLUTION
No. 811
• 15. The area designated TBA (auto center) for the Kmart building shall be
considered as an optional construction item. If the TBA (auto center) is not
constructed the permittee shall provide revised site plan drawings to the City
which must be reviewed and approved rior to receipt of a certificate of
occupancy for the Kmart building.
16. In the event that stormwater drainage easements cannot be executed with the
adjacent Quincy's property, the permittee shall provide revised site plans to both
the City of Clermont and St. Johns River Water Management District which must
be reviewed and approved prior to receipt of a certificate of occupancy for any
buildings on the site.
17. The permittee/developer shall construct an internal traffic connection link that
provides direct access from Quincy's to the shopping center at the northwest
corner of the Quincy's site, provided Quincy's executes an easement for the traffic
connection link prior to December 10, 1993. In the event that Quincy's does not
provide an easement by December 10, 1993 the permittee/developer will construct
the internal traffic connection link to their property line.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS 23RD DAY OF NOVEMBER, 1993.
ROBERT A. POOL, Mayor
ATTEST:
~~,~~-
JO PH E. VAN , Ciry Clerk
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