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R-93-782~ ~ CITYOF CLERMONT RESOLUTION No. 782 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 CONVENIENCE STORE/GAS STATION IN THE C-2 GENERAL COMMERCIAL BUSINESS DISTRICT. WHEREAS, the Planning and Zoning Commission of the Ciry of Clermont, Lake County, Florida at a meeting held April 6, 1993, recommended approval of this Conditional Use Permit to allow the construction of a convenience store/gas station, located in the C-2 General Commercial Business District at the following location: LEGAL DESCRIPTION: As a point of reference, commence at the northeast corner of Section 30, Township 22 South, Range 26 East, Lake County Florida, and proceed S00°43' 12"W along the east boundary of said Section 30, a distance of 1290.56' to a point on the southerly right-of--way line of SR 50, said point also lying on a curve concave northerly, having a radius of 8669.37' and a chord which bears N81°37' S6"W, a distance of 30.27'; thence along the arc of said curve to the right, and along said • southerly right-of--way line, a distance of 30.27' to a point on the westerly right-of--way line of Grand Highway and the POINT OF BEGINNING; thence S00°43' 12"W along said westerly right-of--way line a distance of 210.00'; thence N80°50' 14"W a distance of 210.00'; thence N00°43'12"E parallel with the easterly boundary of said Section 30, a distance of 210.00' to a point on the southerly right-of--way line of SR 50, said point lying on a curve concave northerly having a radius of 8669.37' and a chord which bears S80°50' 18"E a distance of 210.02'; thence along the arc of said curve to the left and said southerly right-of--way line, a distance of 210.03' to the POINT OF BEGINNING. GENERAL LOCATION: Southwest corner of State Road 50 and Grand Highway 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 convenience store/gas station, located in the C-2 General Commercial Business District be granted subject to the following conditions: 1 • ! CITY OF CLERMONT RESOLUTION No. 782 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 intecest. 2. The property may be used as a convenience store/individual gasoline sales business only. No change of the use or additions to the use shall be permitted except as approved by another Conditional Use Permit. 3. The property shall be developed in substantial accordance with an approved site plan and grading/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. 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 permanent irrigation system including City approved back-flow prevention device and rain sensor gauge. All landscape • areas must be properly maintained. The drainage and stormwater retention requirements of the Ciry and the appropriate regulatory agencies shall be met, and approved by the City Engineer. These areas shall be properly maintained. 5. Verification of the stormwater run-off data and other assumption and calculations must be provided and approved by the Ciry Engineer prior to any development activity. 6. A St. John's River Water Management District stormwater permit shall be required and filed with the Ciry prior to receipt of a building permit or any development activity. 7. 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. 8. Roadway improvement plans for State Road 50, Grand Highway, and the commercial site, including but not limited to, access drives, acceUdecel lanes, turn lanes, traffic signalization devices, and internal signage and traffic movement lanes shall be submitted to and approved by the Ciry Site Review Committee, FDOT and Lake County prior to commencement of any development activity. 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. L J 2 • CITYOF CLERMONT RESOLUTION No. 782 9. Ingress/egress to the site shall occur from Grand Highway only. A fifty (50) foot wide ingress/egress drive shall be required to facilitate traffic movement on and off the site. 10. The permittee/developer shall, in conceptual site plan development, allow for construction of an internal traffic connection link that potentially provides direct access to abutting land uses to the south of the subject property. 11. The permittee agrees to dedicate ten (10) feet of right-of--way the length of the site adjacent to Grand Highway for conformance with adopted collector roadway standards. 12. Sidewalks shall be required along all road frontages (Grand Highway and S.R. 50) in accordance with adopted FDOT and City Codes. 13. FDOT and Lake County permits will be required and filed with the City for any excavation/grading activity along S.R. 50 and Grand Highway rights-of--way rior to • issuance of a Development Permit by the Ciry. 14. The permittee/developer shall provide on-site and off-site utility improvements 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 Ciry. 15. Noise levels during construction of the project 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. 16. Ingress/egress to the site for construction shall be from Grand Highway only. No ingress or egress of machinery or trucks shall be allowed on S.R. 50. 17. 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 Ciry Site Review Committee prior to issuance of any development permit by the Ciry. 18. All dumpster and other equipment sites shall be enclosed with masonry structures in accordance with plans approved by the Ciry Site Review Committee. 3 CITY OF CLERMONT RESOLUTION No. 782 19. 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 traffic on SR 50 and Grand Highway. 20. Architectural finish and design plans for the commercial building, especially the rear of the building, shall be submitted to and approved by the Site Review Committee to ensure aesthetic and public safety considerations are not adversely impacted. 21. All signage shall conform to adopted City Codes and Regulations. 22. The permittee/developer shall provide a turn lane on Grand Highway to accommodate east bound traffic access to S.R. 50. The required turn lane shall be constructed at such a length so as to permit direct egress from the driveway of the proposed project to the east bound turn lane. 23. 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. 24. This facility shall be connected to the City sewer system at the developers expense. 25. The developer shall pay all cost incurred in changing the grade of Grand Highway and the relocating of the utilities presently within the right-of--way. 26. 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 this Conditional Use Permit. 27. The permit shall expire if construction has not begun within one year from the date of grant of this Conditional Use Permit. 28. 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. • 4 • CITY OF CLERMONT RESOLUTION No. 782 DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 27TH DAY OF APRIL, 1993. 1 ~, G ROBERT A. P OL, Mayor ATTEST: • 5