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R-93-796CITY OF CIF.RMOIVT' • RESOLUTION • No. 796 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 6,000 SQUARE FOOT RETAIL BUILDING IN THE C-2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake County, Florida at a meeting held September 7, 1993 recommended approval of this Conditional Use Permit to allow the construction of a 6,000 square foot retail building in the C-2 General Commercial Business District 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 allow the construction of a 6,000 square foot retail building located in the C-2 General Commercial District be granted subject to the following conditions: 1. The conditions as set forth in this Conditional Use Permit shall be legally binding upon any heirs, assigns and/or successors in title or interest. 2. The property shall be developed in substantial accordance with an approved site plan, grading and excavation 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. 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 low volume permanent irrigation system including City approved and State mandated back-flow prevention device and rain sensor gauge. All landscape areas must be properly maintained. The • 1 • CITY OF CLF,RMONT • RESOLUTION • No. 796 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. The permittee/developer shall provide on-site and off-site utility improvements, (lift stations, water and sewer lines, etc.) as necessary to address and satisfy the impacts of the project. Plans and specifications shall be provided to and approved by the City Site Review Committee prior to the issuance of any development permit by the City. The costs of such required improvements shall be the responsibility of the developers. 5. The permittee shall provide to the City an irrevocable letter of credit drawn on a Florida Bank or other form of performance bond for all infrastructure (transportation, potable water, stormwater, and waste water systems) 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 shall be responsible for the cost of all required on- site and off-site infrastructure improvements necessitated by and in proportionate • conformance with impacts of the project. 6. This permit shall become null and void if substantial construction work has not begun within one (1) year from the date of approval by the City Council of this Conditional Use Permit. "Substantial construction work" means the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion. 7. 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. 8. The permittee/developer shall provide a stormwater management plan to the City Engineer which must be reviewed and approved prior to any development activity on the site. 9. Verification of the stormwater run-off data assumption and calculations must be provided and approved by the City Engineer prior to any development activity. 10. Permeability tests, if required, must be submitted as part of the site plan review process. Permeability within all WRA's shall be maintained. • 2 • CITY OF CLF.RMONI' . RESOLUTION • No. 796 11. A St. John's River Water Management District stormwater permit, or certificate of exemption, shall be required and filed with the City prior to issuance of a building permit or any development activity. 12. The permittee/developer shall submit a complete site landscape plan which will address development of the site. The required landscape plan shall indicate compliance with City codes for buffering, parking and interior site landscaping. The required plan shall be submitted to and approved by the Site Review Committee rp for to issuance of any development permit. 13. Buffering and screening shall be required from all abutting uses in accordance with adopted City Codes and 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 all exterior parking areas, drives and public roadways. 14. Architectural finish and design plans for the commercial building, especially those with exposure to S.R. 50 shall be submitted to and approved by the Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. • 15. A site lighting plan shall be submitted and approved that shall ensure all lightning is directed upon the site and does not adversely impact abutting properties or traffic on SR 50. 16. The permittee shall install a dumpster, if required, for the commercial operation. Said dumpster shall be enclosed with a masonry structure with wooden doors in accordance with plans approved by the City Site Review Committee. 17. All signage shall conform to adopted City Codes and Regulations. 18. Prior to any development activity the permittee shall provide notarized copies of a signed mutual parking agreement between the shopping center and Maries Hallmark. 19. No further expansion of this use or additions to the Hallmark facility shall be permitted except as approved by another Conditional Use Permit. 20. 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. 21. Parking stalls shall be 9' x 20' and double striped. • • CITY OF CLERMONT • RESOLUTION No. 796 DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 14TH DAY OF SEPTEMBER, 1993. ATTEST: S E. AN ZIL ,City Jerk • ROBERT A. PO L, Mayor 4