R-93-784• •
• CITY OF CLERMON7'
-~ RESOLUTION
No. 784
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 RETAIL SHOPPING FACILITY IN THE C-2 GENERAL
COMMERCIAL BUSINESS DISTRICT AND THE M-1 INDUSTRIAL DISTRICT.
WHEREAS, the Planning and Zoning Commission of the City of Clermont, Lake
County, Florida at a meeting held May 4, 1993, recommended approval of this
Conditional Use Permit to allow the construction of a retail shopping facility, located in
the C-2 General Commercial Business District and the M-1 Industrial District at the
following location:
GENERAL LOCATION: A parcel of land bounded on the North by S.R. 50, on the west
by U.S. Highway 27, on the south by Hook Street and on the east by Grand Highway.
See Attachment A for a complete legal description.
The City Council deems it advisable in the interest of the general welfare of the City of
• Clermont, Lake County, Florida 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
allow the construction of a retail shopping facility, located in the C-2 General
Commercial Business District and the M-1 Industrial District be granted subject to the
following conditions:
Section 1 General 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 may be used as a retail shopping business only. Phase I of the
development shall be permitted for 103,000 +/- square feet of floor area and Phase II
shall be permitted for expansion to 181,000 +/- square feet of floor area.
3. The property shall be developed in substantial accordance with an approved site
plan, grading/excavation 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.
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• CITY OF CLERMONT •
RESOLUTION
• No. 784
4. 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
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.
5. Performance bonding shall be required for all infrastructure (transportation,
potable water, water reuse, stormwater, 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 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. 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.
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 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.
Section 2 Site Preparation and Geotechnical Conditions
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 excavated and used as fill on the
property must be submitted to the City Engineer for review and consideration. This
information will be required before a development permit is issued.
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• CITY OF CI.F.RMON7" •
RESOLUTION
No. 784
2. Density tests will be conducted at a maximum of two (2) foot intervals in order to
prove compaction requirements. Fill areas 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. A dust abatement plan shall be submitted to the City detailing measures to be
taken in eliminating the migration of dust particles for the site. The plan must
specifically outline those measures recommended by F.D.E.R.
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.
• 6. In the event that substantial construction work has not begun within eleven (11)
months from the date of the approval of this Conditional Use Permit, or site
development work has ceased for a period of six (6) months, the permittee, heirs or
assigns in title or interest shall provide complete reclamation of the site. Reclamation
shall be performed in conformance with the reclamation plan (as required in Section 1,
item 3) 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:
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-grading 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 3).
B. Grading and stabilization -All areas disturbed during the grading/excavation
operation shall be re-graded, dressed and stabilized, in accordance with the
approved reclamation site plan (as required in Section 1, Item 3) and the S.C.S.
recommendations. Topsoil from the site shall be stockpiled and applied as the
. CITY OF CLERMONI'' •
RESOLUTION
• No. 784
final soil cover material for all reclaimed areas. 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 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. All City of Clermont landscape
and tree requirements for commercial properties shall be complied with.
D. Reclaimation 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 the year ground cover shall
be established 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 erected during the
excavating/grading operation shall be dismantled and removed, unless approval
from the appropriate authorities permit otherwise. In general the area shall be
returned to natural conditions that are conducive to future developments and
compatible with the surrounding topography.
7. 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 a City
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 USDA Soil Conservation Service.
8. All disturbed areas other than required landscape 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.
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• ~~ of ~~o~ i
RESOLUTION
• No. 784
9. All disturbed areas other than required landscape areas or locations requiring the
placement of sod 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.
10. Ingress/egress to the site for construction shall be from Grand Highway and Hook
Street only. No ingress or egress of machinery or trucks shall be allowed on S.R. 50.
Section 3 Stormwater Abatement Conditions
1. 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.
2. Verification of the stormwater run-off data assumption and calculations must be
provided and approved by the City Engineer prior to any development activity.
3. Permeability tests must be submitted as part of the site plan review process.
Permeability within all WRA's shall be maintained.
4. A St. John's River Water Management District stormwater permit shall be
required and filed with the City prior to issuance of a building permit or any
development activity.
Section 4 Transportation System Conditions
1. Roadway improvement plans for State Road 50, U.S. 27, Grand Highway, Hook
Street 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. All roadway and site
improvement costs shall be the responsibility of the permittee/developer. At the time
signalization is warranted at the intersection of S.R. 50 and Grand Highway the
permittee/developer shall pay a pro rata share of costs based upon traffic count
determination.
2. In the event that relocation of Grand Highway is warranted and approved by the
City, the permittee/developer shall dedicate right-of-way ranging in width from a
minimum of ten (10) feet to a maximum of seventy (70) feet in order to attain
conformance with directives of the adopted Comprehensive Plan for identified collector
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• CI73' OF CLERMOIV7' •
RESOLUTION
• No. 784
roads. All engineering, permitting and construction costs shall be the responsibility of
the permittee/developer. Dedication of the rights-of-way shall be provided to the City
prior to any development activity occurring on the site.
3. The permittee/developer shall construct an internal traffic connection link that
provides direct access from the subject site to the Racetrac Convenience Station site
location at the intersection of S.R. 50 and Grand Highway.
4. The appropriate FDOT and Lake County permits shall be required and filed with
the City rior to issuance of a Development Permit by the City.
5. Ingress/egress to the site shall occur from Grand Highway only. The number,
location and size of ingress/egress drives required to facilitate traffic movement and from
the site shall be submitted to the Site Review Committee for review and approval prior
to development permit issuance.
6. The permittee/developer shall provide sidewalks along all road frontages in
accordance with adopted FDOT and City codes
• 7. The property right-of-way to the east of the subject property on Grand Highway
shall be graded to conform to the grading of the proposed development to insure a good
sight line for traffic entering SR 50.
8. Ingress/egress to the site for development and construction activities shall be from
Grand Highway and Hook Street only.
9. The permittee/developer shall provide a traffic study to the City six (6) months
after the retail store has formally opened for business. Another traffic study shall be
submitted to the City six (6) months after Phase II of the facility has been constructed
and formally opened for business.
Section 5 Utility Improvement Conditions
1. 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.
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• CI7S' OF CI.F.RMON7' •
RESOLUTION
No. 784
2. The permittee/developer shall be responsible for improvement costs and the
relocating of the utilities presently within the right-of-way. Improvements and/or
relocation costs related to utilities located on other roadways (U.S. Hwy. 27, S.R. 50 and
Hook Street) impacted by the development shall also be the responsibility of the
permittee/developer.
Section 6 General Improvement and Landscape Conditions
1. The permittee/developer shall submit a complete site landscape plan which will
address both Phase I and Phase II of the development. 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.
2. 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. All
landscaping shall be provided with a permanent source of irrigation including a low
• volume irrigation system, City approved and State mandated back flow prevention devices
and rain sensor gauge.
3. The required irrigation system shall be designed to accommodate utilization of
reuse water at such time as it becomes available to the site.
4. Herbicide used on the geotechnical slope system shall be approved by City Staff.
5. Architectural finish and design plans for the commercial building, especially those
with exposure to U.S. 27, S.R. 50 and Grand Highway shall be submitted to and
approved by the Site Review Committee to ensure aesthetic and public safety
considerations are not adversely impacted.
6. A site lighting plan shall be submitted and approved that shall ensure all
lightening is directed upon the site and does not adversely impact abutting properties or
traffic on SR 50, U.S. Highway 27 and Grand Highway.
7. All dumpsters and other equipment sites shall be enclosed with masonry structures
in accordance with plans approved by the City Site Review Committee.
• CI71' OF CI.ERMON7' •
RESOLUTION
• No. 784
8. All signage shall conform to adopted City codes and regulations, off-site signage
shall be disallowed.
9. The permittee/developer shall provide required parking at a ratio of five (5)
spaces per one thousand (1,000) square feet (5:1,000) of floor area. Diagonal parking
stalls shall be 9' x 20' and double-striped. All 90 degree parking stalls shall be in
conformance with City Standards (10' x 20)'. Required parking may be provided
consistent with proposed development phasing of the site.
10. If, at a future date, parking at this site proves inadequate the applicant
understands and agrees that the City may require additional parking or rescind the
Conditional Use Permit.
11. The permit shall expire if construction has not begun within one year form date of
grant of this Conditional Use Permit.
12. 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.
• DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 25TH DAY OF MAY, 1993.
/' -~ _
ROBERT A. OL, Mayor
ATTEST:
•
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