R-93-789• CITY OF CI,F,RMONT •
RESOLUTION
• No. 789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA GRANTING A CONDITIONAL USE PERMIT TO CONTINUE
THE UTILIZATION OF A TEMPORARY HAUL ROAD.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held July 6, 1993 recommended approval of this
Conditional Use Permit to continue the utilization of a temporary haul road in the
R-1-A Urban Residential District at the following location:
LEGAL DESCRIPTION: Commence at the northwest corner of Section 29, Township 22
South, Range 26 East, Lake County, Florida; Thence run S89°46'05"E 529.46'; Thence
S59°41'49"E 460' to the point of beginning of an easement, said point being the
centerline of said easement, 50 feet on each side of said centerline; Thence continue
S59°41'49"E along said centerline 14.92'; Thence S89°08'46"E along said centerline 73.73';
Thence N76°17'56"E along said centerline 213.85'; Thence S84°38'08"E along said
centerline 164.54'; Thence S75°16'13"E along said centerline 220' to the terminus of said
easement.
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 continue the utilization of a
temporary haul road located in the R-1-A Urban Residential 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 conditions as set forth in this Conditional Use Permit shall be legally binding
upon the presently installed temporary haul road and all appurtenant devices and
structures previously mandated for its construction, and maintenance of adjacent natural
communities. Generally, such area shall be considered to lie within 100 +/- feet on each
side of the center line of the presently constructed temporary haul road, and generally
lying between the 90 foot (NVGD) contours which delineate the established "100 year"
flood plain of Jacks Lake (FIRM Community -Panel Number 120133 OOO1B, effective
date: August 15, 1984).
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RESOLUTION
• No. 789
3. No further expansion of the use or additions to this temporary haul road facility
shall be permitted except as approved by another Conditional Use Permit.
4. Operational management for provision of fill material to the adjacent Clermont
Regional Shopping Center site shall occur via the temporary haul road facility only. No
ingress/ egress of machinery or trucks shall be allowed from Grand Highway. Provision
of fill to any other destination shall be prohibited from utilization via the temporary haul
road.
5. Noise levels shall not exceed those recommended by F.D.E.R. 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.
6. Prior to any fill material movement 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.
• 7. The applicant shall be required to maintain swales and other acceptable erosion
protection along the existing temporary haul road which runs between Jacks Lake north
and south being utilized for soil delivery to the adjacent property. This work will be
inspected and approved by the City Engineer prior to any fill material movement activity
being conducted.
8. All inspection costs will be borne by the applicant. This shall include final
inspection and ongoing random inspections for compliance with Conditional Use Permit
conditions.
9. In conformance with adopted goals, objectives and policies of the City of
Clermont Comprehensive Plan which disallow construction encroachment in "100 year"
flood plains and designated conservation areas, and to maintain consistency with
historically approved Conditional Use Permits for the site, the permittee shall return the
temporary haul road to its original configuration and grade pursuant to elevations
established during tenure of Resolution #487 (i.e. 84.8 to 90 feet, NVGD). Restoration
to original grade conditions shall occur within twelve (12) months from the date of
formal grant of this Conditional Use Permit or by such time as a certificate of occupancy
is received by the Clermont Regional Shopping Center.
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RESOLUTION
No. 789
10. Reclamation of areas adjacent to the temporary haul road shall be accomplished
within the same time horizons and in coordination with restoration of the temporary haul
road.
A. Objective -The primary objective of the reclamation plan is to provide for a final
project site which is conducive and compatible with the surrounding topography
and approximates pre-development 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
provided pursuant to Resolution #652.
B. Grading and stabilization -All areas previously disturbed for the haul road
construction project shall be graded, dressed and stabilized, in accordance with the
approved reclamation site plan. Topsoil shall be 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, swales and other such areas shall be regraded to the
original dimensions and stabilized unless another approved site plan for
development dictates otherwise.
C. Ground cover - 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 to be seeded shall be supplied with a quick growing
grass species which will provide an early cover during the season in which it is
planted, and will not later compete with the permanent grassing.
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.
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 previously erected shall be
dismantled and removed, unless approvals from the City and other appropriate
authorities permit otherwise. In general, the area shall be returned to natural
conditions that are conducive to and compatible with the surrounding topography.
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RESOLUTION
• No. 789
11. Performance bonding shall be required for all restoration and reclamation
improvements evidencing impact by the proposed development. An estimate of costs
shall be prepared and submitted by the Permittee and approved by the City Engineer.
The City shall then determine the bond amount in accordance with adopted City Code
and regulations.
12. In the event that the fill material relocation project 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 restoration and reclamation of the site.
Restoration and reclamation shall be performed in conformance with the reclamation
plan (as required in Conditions 9 and 10), as 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.
13. 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.
14. This permit shall become null and void one (1) year from the date of issuance of
• this Conditional Use Permit.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA THIS _E~~ DAY OF ~ -t~ 1993.
ATTEST:
S H E. VAN ZIL Clerk
i
ROBERT A. POOL, Mayor
•